Civil Liberties and Constitutional Rights

Civil Liberties

Basic political freedoms that protect citizens from government abuses of power.

Civil Rights

Focused on equality.

Bill of Rights Ratification

12 amendments approved by the 1st Congress, 10 ratified by states.

Selective Incorporation

Case-by-case application of Bill of Rights protections to the states via the 14th Amendment.

Gitlow v. New York (1925)

Court ruled the 14th Amendment incorporated the 1st Amendment due to due process.

Establishment Clause

Congress cannot sponsor or favor any religion.

Free Exercise Clause

Congress cannot interfere with the practice of religion without important secular reasons.

Engel v. Vitale (1962)

Supreme Court case ruling prayer in public schools violates the Establishment Clause.

Lemon Test

Criteria from Lemon v. Kurtzman to determine if an action violates the Establishment Clause.

Endorsement Test

Rule stating an action is unconstitutional if a reasonable observer perceives religious endorsement.

Direct Incitement Test

Protects threatening speech unless it aims and is likely to cause imminent lawless action.

Strict Scrutiny

Highest level of judicial review requiring a compelling state interest and narrow tailoring.

Intermediate Scrutiny

Requires a substantial government interest and content-neutral application.

Clear and Present Danger Test

Established in Schenck v. United States allowing government suppression of immediately dangerous speech.

Symbolic Speech

Nonverbal expression like signs and armbands, protected due to expressive value.

Hate Speech

Offensive or abusive expression regarding race, gender, or sexual orientation; currently protected.

Prior Restraint

Government prohibition of media from publishing certain materials; has a very high bar.

Pentagon Papers Case

Supreme Court case ruling that top-secret materials could be published.