Unit 8 Review - Civil Liberties

Civil Liberties Flashcards

Civil Liberties

Individual freedoms protected from government interference (e.g., freedom of speech, religion, privacy).

14th Amendment's impact on Constitutional interpretation

Extends protections in the Bill of Rights to state governments through selective incorporation (especially the Due Process Clause).

Selective Incorporation

The legal process by which the Supreme Court applies the Bill of Rights to the states, case by case, using the 14th Amendment.

Prior Restraint

Government censorship before something is published; generally unconstitutional (e.g., NY Times v. U.S.).

Protected Speech

Political speech, symbolic speech (e.g., flag burning), hate speech (unless it incites violence), speech in public forums.

Unprotected Speech

Libel and slander, obscenity, true threats, incitement to violence, speech that presents a 'clear and present danger' (Schenck v. U.S.).

Limits to Freedom of Assembly

Time, place, and manner restrictions (e.g., you can’t block traffic or hold a protest at 2 a.m. in a neighborhood).

Reasons for limits on freedom of expression

To protect public safety, national security, and the rights of others.

Exclusionary Rule

Evidence obtained illegally (without a warrant or violating your rights) cannot be used in court; established in Mapp v. Ohio (1961).

Establishment Clause

Prevents the government from establishing, supporting, or favoring a religion; found in the 1st Amendment.

Free Exercise Clause

Protects your right to practice any religion (or none), as long as it doesn’t break the law or harm public safety.

Difference between Free Exercise and Establishment Clauses

Establishment clause = Government cannot support or endorse religion. Free exercise clause = Individuals have the right to practice their faith freely.

Right to Privacy

Implied by the 1st, 3rd, 4th, 9th, and 14th Amendments; supported by Griswold v. Connecticut and Roe v. Wade.

Eminent Domain

The government can take private property for public use, but must pay just compensation; protected by the 5th Amendment.

Rights in Court

Right to a fair, speedy, and public trial; right to a lawyer (Gideon v. Wainwright); right to remain silent; right to a jury trial; protection from double jeopardy and self-incrimination.

Rights when Arrested

Miranda rights (remain silent, right to an attorney); protection from unreasonable search/seizure (4th Amendment); right to due process; no cruel or unusual punishment.

Cruel and Unusual Punishment Interpretation

Death penalty is allowed but restricted—cannot be used on minors or those with intellectual disabilities (8th Amendment).

Right to Bear Arms Interpretation

Interpreted in District of Columbia v. Heller (2008) as protecting an individual’s right to own firearms for self-defense (2nd Amendment).

First Amendment

Freedom of speech, religion, press, assembly, petition.

Fourth Amendment

No unreasonable searches or seizures.

Fifth Amendment

Due process, no self-incrimination, no double jeopardy, eminent domain.

Sixth Amendment

Fair and speedy trial, right to a lawyer.

Eighth Amendment

No cruel or unusual punishment.

Tenth Amendment

Powers not given to the federal government go to the states or people.