Civil Rights and Liberties

Civil Liberties

Constitutional protections against infringement by the government.

Civil Rights

Policies that protect people from arbitrary or discriminatory treatment by the government; ensures equal protection of the laws.

Due Process Clause

14th amendment clause that protects individuals from infringements by the government and has been used to incorporate civil liberties to the states.

Equal Protection Clause

14th amendment clause that declares states cannot unreasonably discriminate against individuals; has been used to incorporate civil rights.

selective incorporation

The process of gradually applying the Bill of Rights to the states.

Prior Restraint

Censorship of a publication before it is printed; typically not allowed under the law.

Clear-and-present-danger test

This standard, set forth in Schenck v. U.S., declares that speech is not covered by the 1st amendment if it poses a public threat.

Libel

Written expression that is both false and malicious.

Slander

Spoken expression that is both false and malicious

Symbolic Speech

Expressing a political message through an action

Free Exercise Clause

First Amendment requirement that allows people to practice whatever religion they choose.

Establishment Clause

First amendment provision that declares the government may not declare a national religion or give preference to one religion over another.

Miranda Rule

Policy that police officers must inform all suspects of their rights before questioning.

Exclusionary Rule

This standard states that evidence gained without a proper warrant may not be used in a criminal trial

Double Jeopardy

This provision states that an individual may not be tried for the same crime twice.

Search Warrant

A court order signed by a judge that authorizes law enforcement to conduct a search of a person, property, or location.

probable cause

Reasonable foundation for issuing a search warrant or making an arrest; more than mere suspicion.

separate but equal doctrine

doctrine established in plessy v. ferguson that segregated facilities may be established for different races and still be considered equal

de jure segregation

racial segregation enforced by law

de facto segregation

Racial segregation that occurs not as a result of the law, but as a result of residential patterns and customs.

Civil Disobedience

Opposing a law considered unjust by peacefully disobeying it and accepting the resultant punishment

Affirmative action

Positive steps taken by the government to increase minority participation in some institutions by appointing or giving preference to more minority-group members.

Civil Rights Act of 1964

Law that prohibited segregation in public accommodations and banned employment discrimination on the basis of race, color, sex, religion, or national origin.

Voting Rights Act of 1965

Law that aimed to limit voting barriers for African Americans, most notably the use of discriminatory literacy tests.

Title IX

Law that was passed as part of the Education Amendments of 1972 that prohibited sex-based discrimination in any educational program or activity receiving federal funding.

1st Amendment

This constitutional provision protects an individual's right to free speech, press, religion, assembly, and petition.

2nd Amendment

This constitutional provision protects an individual's right to bear arms.

4th Amendment

This constitutional provision protects an individual's right against unreasonable searches and seizures.

5th Amendment

This constitutional provision protects individuals from incriminating themselves or facing double jeopardy, among other protections regarding legal proceedings.

6th Amendment

This constitutional provision guarantees the right to a speedy and public trial, the right to counsel, and the right to confront and present witnesses, among other legal protections.

8th Amendment

This constitutional provision protects and individual right from cruel and unusual punishment and excessive bail or fines.

14th Amendment

This constitutional provision provides a guarantee of citizenship, as well as equal protection and due process, which have been the sources of incorporation for key protections in the Bill of Rights.