Civil Liberties Vocab Quiz

Bill of Rights

a list of fundamental rights and freedoms that individuals possess; the first ten amendments to the U.S. Constitution are referred to as this

civil liberties

fundamental rights and freedoms protected from infringement by the government

federalism

the sharing of power between the national government and the states

Amendment 1

religion, speech, press, assembly, petition

Amendment 2

bear arms

Amendment 3

no quartering of soldiers

Amendment 4

unreasonable search and seizure

Amendment 5

grand jury, double jeopardy, self-incrimination, due process, private property

Amendment 6

speedy and public trial, impartial jury, informed of accusation, face your accuser, subpoena, counsel

Amendment 7

trial by jury in civil suits

Amendment 8

excessive bail, excessive fines, cruel and unusual punishment

Amendment 9

people's rights

Tenth Amendment

reserves powers not delegated to the national government to the states and the people; the basis of federalism

freedom of religion

establishment clause and free exercise clause

freedom of assembly

right to protest; peaceable assembly of the people

freedom of the press

no prior restraint; no censorship, but one does face the consequences

freedom of petition

right to disagree with the government and ask for a change

freedom of speech

the right to express any opinions without censorship or restraint

selective incorporation

the process through which the Supreme Court applies fundamental rights in the Bill of Rights to the states on a case-by-case basis

due process clause

the clause in the Fourteenth Amendment that restricts state governments from denying citizens their life, liberty, or property without legal safeguards

Gitlow v. New York

established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment

Fourteenth Amendment

constitutional amendment asserting that persons born in the United States are citizens and prohibits states from denying persons due process or equal protection under the law

free exercise clause

First Amendment protection of the rights of individuals to exercise and express their religious beliefs

establishment clause

First Amendment protection against the government requiring citizens to join or support a religion

Lemon v. Kurtzman

the 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion

"wall of separation"

court ruling that government cannot be involved with religion

Engel v. Vitale

the 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren

Wisconsin v. Yoder

Amish children do not have to go to school until they are 16---they may stop after the 8th grade

freedom of expression

a fundamental right affirmed in the First Amendment to speak, publish, and protest

Espionage Act 1917

law which punished people for aiding the enemy or refusing military duty during WW1

Schenck v US

A United States Supreme Court decision concerning the question of whether the defendant possessed a First Amendment right to free speech against the draft during World War I. Ultimately, the case served as the founding of the "clear and present danger" rule.

clear and present danger test

legal standard that speech posing an immediate and serious threat to national security is not protected by the First Amendment

Brandenburg v. Ohio

1969--Determined that a law that proscribes advocacy of violence for political reform is constitutional if applied to speech that is not directed toward producing imminent lawlessness and is not likely to produce such action is not constitutional

prior restraint

the suppression of material prior to publication on the grounds that it might endanger national security

NYT v US

the ruling made it possible for the New York Times and Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censorship or punishment

symbolic speech

protected expression in the form of images, signs, and other symbols

Tinker v. Des Moines Independent Community School District

in this landmark 1969 case, the Supreme Court affirmed that students retain their First Amendment rights to freedom of speech while in school, ruling that school officials can't censor speech unless it causes a substantial disruption or material interference with school activities

Morse v. Frederick

a student at a local high school hung up a banner saying "Bong Hits 4 Jesus" which advertises the use of marijuana. The principal ordered that the banner be taken down and the student be suspended; result: school officials can prohibit students from promoting the use of drugs and does not violate the student's 1st A rights; a decision was not reached about whether Morse was immune to being sued, being a school official

libel

an untrue written statement that injures a person's reputation

slander

an untrue spoken expression that injures a person's reputation

hate speech

any communication that belittles a person or group on the basis of characteristics

obscenity and pornography

words, images, or videos that depict sexual activity in an offensive manner and that lack any artistic merit

time, place, manner regulations

the right of the court to regulate certain details of assembly out of public interest/a test for public assemblies; how long, what time; may limit assembly to certain streets; what assembly is doing

D.C. v. Heller

struck down a Washington DC ordinance that banned handguns

McDonald v. Chicago

incorporated the 2nd Amendment right to bear arms to the states

procedural due process

a judicial standard requiring that fairness be applied to all individuals equally

warrant

a document issued by a judge authorizing a search

probable cause

reasonable belief that a crime has been committed or that there is evidence indicating so

exclusionary rule

a rule that evidence obtained without a warrant is inadmissible in court

grand jury

a group of citizens who, based on the evidence presented to them, decide whether or not a person should be indicted and subsequently tried in a court of law

double jeopardy

protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction

Miranda rights

the right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals suspected of criminal activity

Gideon v. Wainwright

a person who cannot afford an attorney may have one appointed by the government

bail

an amount of money posted as a security to allow the charged individual to be freed while awaiting trial

Griswold v. Connecticut

established that there is an implied right to privacy in the U.S. Constitution

penumbra theory

the rights guaranteed by implication in a constitution or the implied powers of a rule

privacy amendments

1, 3, 4, 9

Roe v. Wade

legalized abortion on the basis of a woman's right to privacy

Dobbs v. Jackson

overturned roe v wade

unenumerated rights

according to the Ninth Amendment, any right that is not specifically addressed in the Constitution still may be protected