Unit 3: Civil Liberties and Rights Vocab

Clear and Present Danger Doctrine

Speech that is not protected by the First Amendment if will lead to hurtful or illegal acts. (like yelling fire in a theater)

Establishment Clause

the clause in the First Amendment of the US Constitution that prohibits the government from deeming or encouraging any religion as being officially favored over another.

Free Exercise Clause

A First Amendment provision that prohibits the government from interfering with the practice of religion, no matter how odd others may think it is.

Separation of Church and State

The constitutional principle preventing our government from setting up an official church, from providing support for religious institutions, or from requiring church membership to vote. It came from a Thomas Jefferson quote; it is not actually in the Constitution

Lemon Test

The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.

symbolic speech

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.

libel/slander

(written) (spoken) false statements in public that might damage a person's reputation

prior restraint

A government preventing material from being published in a newspaper

exclusionary rule

improperly (illegally) gathered evidence may not be introduced in a criminal trial

Miranda Rights

A list of rights police in the United States must read to suspects in custody before questioning them, pursuant to the Supreme Court decision in Miranda v. Arizona.

eminent domain

the right of a government or its agent to expropriate private property for public use, with payment of compensation.

double jeopardy

Being tried twice for the same crime

Due Process Clause

A clause guaranteeing legal matters be resolved according to established rules and principles, and that individuals be treated fairly. It is the main civil liberties protection constitutional clause and can be found in the 5th (against federal gov) and 14th (against state gov) Amendments.

Equal Protection Clause

a clause in the Fourteenth Amendment forbids any state to deny to any person the equal protection of the laws. This clause is the major constitutional restraint on the power of governments or individuals to discriminate against persons due to race, national origin, or sex. The main civil rights constitutional clause.

incorporation doctrine

A process that extended the protections of the Bill of Rights against the actions of state and local governments through the Due Process Clause of the 14th Amendment. (established by Gitlow v. N.Y.)

fundamental rights and liberties

Any right or liberty that is essential in an orderly free democracy limiting any existing government's power over it.

right to privacy

The right to a private personal life free from the intrusion of government. It was added to the unlisted rights in the 9th Amendment by SCOTUS in Griswold v. Connecticut, and extended to abortions in Roe v. Wade.

Affirmative Action

A policy designed to redress past discrimination against women and minority groups through preferential status measures to improve their economic and educational opportunities in order to reach equality in society.

Title IX

A law stating that girls must have equal access as boys in school sports.

strict scrutiny

A higher standard than the rational basis test a law must meet when discriminating in equal protection cases. This level of scrutiny assumes the discrimination practice is probably unconstitutional.

civil liberties

freedoms to think and act without government interference or fear of unfair legal treatment by it. Protected by the Due Process Clause.

civil rights

Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals. Protected by the Equal Protection Clause.