civil liberties
Rights - chiefly, rights to be free of government interference - according to an individual by the Constitution: free speech, free press, and so on.
clear-and-present danger test
Law should not punish speech unless there was a clear and present danger of producing harmful actions.
due process of law
Denies the government the right, without due process, to deprive people of life, liberty, and property.
equal protection of the laws
A standard of equal treatment that must be observed by the government.
establishment clause
First Amendment ban on laws “respecting an establishment of religion.”
exclusionary rule
Improperly gathered evidence may not be introduced in a criminal trial.
freedom of expression
Right to people to speak, publish, and assemble.
freedom of religion
People shall be free to exercise their religion, and government may not establish a religion.
free-exercise clause
First Amendment requirement that law cannot prevent free exercise of religion.
good faith exception
An error in gathering evidence sufficiently minor that it may be used in a trial.
inevitable discovery
The police can use evidence if it would inevitably have been discovered.
libel
Writing that falsely injures another person.
prior restraint
Censorship of a publication.
probable cause
Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion.
public safety exception
The police can question an un-Mirandized suspect if there is an urgent concern for public safety.
search warrant
A judge’s order authorizing a search.
selective incorporation
The process whereby the Court has applied most, but not all, parts of the Bill of Rights to the states.
symbolic speech
An act that conveys a political message.
time, place, and manner
Governments may place restrictions on the time, place, and manner of expression or assembly, so long as they are not being restricted purely for their content.
wall of separation
Court ruling that government cannot be involved with religion.