Civil Liberties & Bill of Rights

Vocabulary practice flashcards covering key civil liberties concepts, constitutional amendments, and landmark Supreme Court cases detailed in the lecture transcript.

Civil Liberties

Personal freedoms that are constitutionally protected from government interference.

Civil Rights

Legal principles concerning obligations of government power, distinguishing them from civil liberties which protect personal freedoms from government interference.

Bill of Rights

The first 10 amendments to the Constitution, which protect people from improper government action.

1st Amendment

Protects religion, speech, press, assembly, and petition.

2nd Amendment

Protects the right to keep and bear arms.

4th Amendment

Protects against unreasonable searches and seizures.

5th Amendment

Protects grand jury rights, protection against double jeopardy, protection against self-incrimination, and just compensation for property taken by the government.

6th Amendment

Protects the right to counsel, a speedy trial, and an impartial jury.

8th Amendment

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

9th Amendment

Establishes that rights specifically listed in the Constitution are not the only rights people have.

10th Amendment

Establishes that powers not given to the national government are reserved to the states or the people.

14th Amendment

Constitutional amendment that helped extend Bill of Rights protections to state governments.

Selective Incorporation

The gradual process of applying provisions of the Bill of Rights to state governments through the 14th Amendment.

United States v. Wong Kim Ark (1898)

Supreme Court case establishing that people born in the United States are entitled to American citizenship.

Establishment Clause

The part of the First Amendment dealing with government establishment of religion.

Free Exercise Principle

The First Amendment principle stating that Congress cannot prohibit the free exercise of religion.

Wall of Separation

Refers to the idea of separation between church and state.

Speech Plus

Speech combined with physical activity, such as picketing, peaceful demonstrations, or assembly.

Hague v. Committee for Industrial Organization (1939)

Supreme Court case ruling that government may not inhibit activities such as demonstrations.

NAACP v. Alabama (1958)

Supreme Court case protecting freedom of association by ruling that Alabama could not force the NAACP to provide its membership lists.

Prior Restraint

An effort by government to block publication of material before it is published.

Near v. Minnesota (1931)

Supreme Court case associated with prior restraint and freedom of the press.

New York Times Co. v. United States (1971)

Supreme Court case associated with prior restraint and freedom of the press.

Libel

A damaging false statement that is written.

Slander

A damaging false statement that is spoken.

New York Times Co. v. Sullivan (1964)

Supreme Court case setting the rule that libel involving public officials requires showing actual malice or reckless disregard for the truth.

Actual Malice

The standard under New York Times v. Sullivan required to prove libel involving public officials, demonstrating reckless disregard for the truth.

District of Columbia v. Heller (2008)

Supreme Court case involving the Second Amendment and firearm possession in the home.

McDonald v. Chicago (2010)

Second Amendment Supreme Court case paired with District of Columbia v. Heller.

New York State Rifle & Pistol Association v. Bruen (2022)

Supreme Court case that struck down New York's requirement that a person show a special need for self-protection to receive an unrestricted concealed-firearm license.

Due Process of Law

The right to be free from arbitrary action by the national or state government.

Exclusionary Rule

Legal principle stating that courts can exclude evidence obtained illegally.

Mapp v. Ohio (1961)

Supreme Court case associated with the exclusionary rule.

Terry v. Ohio (1968)

Supreme Court case involving stop-and-frisk and search issues.

Grand Jury

A legal body that determines whether there is sufficient evidence to justify a trial.

Double Jeopardy

Protection under the Fifth Amendment against being tried twice for the same crime.

Self-Incrimination

Being forced to provide testimony or information that incriminates yourself.

Miranda Rule

The requirement that before police interrogation, people under arrest must be informed of their right to remain silent and right to legal counsel.

Gideon v. Wainwright (1963)

Supreme Court case establishing that people facing imprisonment have a right to an attorney even when they cannot afford one.

Unenumerated Rights

Unwritten legal rights inferred from rights that are explicitly written in the Constitution.

Right to Privacy

The right to be left alone, which is not explicitly stated in the Bill of Rights but interpreted as resting in the Fourth Amendment.

Roe v. Wade (1973)

Supreme Court case that extended the right to privacy to a woman's right to an abortion.

Dobbs v. Jackson Women's Health Organization (2022)

Supreme Court case that overturned Roe v. Wade and allowed states to decide whether to regulate or ban abortion.

Obergefell v. Hodges (2015)

Supreme Court case establishing the right of same-sex couples to marry regardless of the state in which they lived.