Bill of Rights and Civil Liberties

These flashcards cover the key concepts, cases, and principles related to the Bill of Rights, civil liberties, and select amendments.

Civil Liberties

Fundamental freedoms protected from government interference.

Bill of Rights

First 10 Amendments to the Constitution that limit federal power.

Barron v. Baltimore (1833)

Court case ruling that the Bill of Rights applies only to the federal government.

Selective Incorporation

Application of the Bill of Rights to the states through the 14th Amendment.

14th Amendment (Due Process Clause)

Legal basis for incorporating the Bill of Rights to apply to states.

Establishment Clause

Prohibits the government from establishing an official religion.

Free Exercise Clause

Protects the right to practice religion; protects beliefs, but actions can be regulated.

Lemon Test

A test to determine if a law violates the Establishment Clause.

Imminent Lawless Action Standard

Current standard for limiting speech that incites violence or illegal actions.

Exclusionary Rule

Legal principle that excludes evidence obtained in violation of a defendant's rights.

Roe v. Wade

Court case that protected a woman's right to abortion (overturned by Dobbs v. Jackson).

Affirmative Action

Policies that consider race to promote opportunities for historically marginalized groups.

Strict Scrutiny

A legal standard used to determine if laws are constitutional, specifically those impacting fundamental rights.

Mapp v. Ohio

Supreme Court case that applied the exclusionary rule to the states.

Tinker v. Des Moines

Supreme Court case about student speech; established substantial disruption test.

NYT v. Sullivan

Case that established the 'actual malice' standard for defamation cases involving public figures.

Symbolic Speech

Actions that convey a particular message, protected by the First Amendment.

Griswold v. Connecticut (1965)

Supreme Court case establishing the constitutional right to privacy regarding marital contraception.

Miranda v. Arizona (1966)

Supreme Court case ruling that detainees must be informed of their Fifth and Sixth Amendment rights (Miranda warnings).

Gideon v. Wainwright (1963)

Supreme Court case guaranteeing the right to legal counsel for indigent defendants in felony cases (incorporated via the 14th Amendment).

Prior Restraint

Government action that prohibits speech or expression before it occurs; generally presumed unconstitutional.

Schenck v. United States (1919)

Supreme Court case establishing the 'clear and present danger' test for restricting speech.

Fourth Amendment

Protects against unreasonable searches and seizures and requires warrants based on probable cause.

Eighth Amendment

Prohibits cruel and unusual punishment, excessive bail, and excessive fines.