week 10

Bill of Rights

The first 10 amendments to the Constitution, including rights such as freedom of speech and religion.

Civil liberties

Individual rights protected by the Constitution, such as freedom of speech and the right to a jury trial.

Clear-and-present-danger test

A Supreme Court test from 1919 that limits free speech if it presents a clear and present danger to national security.

Due process clause (of the Fourteenth Amendment)

A constitutional clause used to apply the Bill of Rights to state government actions.

Establishment clause

Provision in the First Amendment that prohibits the government from favoring one religion over another.

Exclusionary rule

Legal principle that bars the use of evidence obtained through unconstitutional means.

Freedom of expression

The right to communicate one's views, foundational to the First Amendment.

Free-exercise clause

A First Amendment provision that prohibits government interference with religious practices.

Imminent lawless action

A test stating that governmental suppression of advocacy is only lawful if it is likely to produce imminent lawless action.

Lemon test

A three-part test to assess the legitimacy of laws relating to religion under the establishment clause.

Libel

Publication of false information that harms a person's reputation.

Prior restraint

Government prohibition on speech or publication before it occurs, presumed unconstitutional.

Procedural due process

Requirement that the government follows proper legal procedures before punishing an individual.

Right of privacy

An implied right granting individuals personal privacy that government cannot invade.

Selective incorporation

Process by which certain rights in the Bill of Rights are applied to state actions via the Fourteenth Amendment.

Slander

Spoken falsehoods that damage a person's reputation.

Symbolic speech

Actions that express a political opinion, such as flag waving or burning.

Affirmative action

Programs aimed at ensuring equal opportunities for women and minorities.

De facto discrimination

Discrimination resulting from social and economic conditions rather than laws.

De jure discrimination

Discrimination based on race or other factors that is mandated by law.

Equal-protection clause

A clause in the Fourteenth Amendment that prohibits states from denying equal protection of the laws.

Equal rights (civil rights)

The principle that every person has the right to equal protection and access to opportunities.

Reasonable-basis test

A judicial test to evaluate laws that treat individuals unequally, requiring a reasonable government interest.

Strict-scrutiny test

A stringent test applied to laws involving racial or ethnic classifications.

Suspect classifications

Legal classifications based on race or national origin that are constitutionally suspect.