Studied by 2 peopleFirst Amendment
Part of the bill of rights that imposes a number of restrictions on the federal government with respect to the civil liberties of the people, including freedom of religion, speech, press, assembly, and petition
Establishment clause
the first clause in the first amendment. It prohibits the national government from establishing a national religion
Free exercise clause
the second clause of the First Amendment. It prohibits the US government from interfering with a citizen's right to practice his or her own religion
Prior restraint
constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment
Defamation
any intentionally false statement either written or spoken that harms a person's reputation, decreases respect, or includes hostile opinions about the person. Must have tangible harm and malice to be illegal
Libel
false written statements or written statements tending to call someone's reputation into disrepute
Slander
untrue spoken statement that defame the character of a person
Obscenity
applies to sexual and pornography speech. Confined to sexual relationship. Three-part test... Average person applying "contemporary community standards" unwholesome sexual desire, material shows hard-core sexual material prohibited by state law, does work black serious artistic or literary work?
Symbolic speech
symbols, signs, and other methods of expression generally also considered to be protected by the First Amendment
Seditious speech
critical of country or government, illegal if a direct immediate threat
"Fighting words"
clear invitation to violence or a breach of speech (many universities have regulations preventing speech that causes an intimidating, hostile, or offensive environment on campus). First amendment prevents governments from "silencing speech on the basis of its content" and the ordinance "ruled symbolic speech in or out depending on the groups that speaks targeted"
Clear and present danger test
test articulated by the Supreme Court in Schenck v US to draw the line between protected and unprotected speech; the court looks to see whether the words used could create a clear and present danger that they will bring about substantive evils that Congress seeks to prevent
Direct incitement test
a test articulated by the Supreme Court in Brandenburg v Ohio that holds A new test for deciding whether certain kinds of speech can be regulated by government. Says that the Government could punish the advocacy of illegal action only if "such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action
Imminent harm
A hazard that puts you at risk for immediate death or harm
Second amendment
The right to keep and bear arms. Added to the constitution to ensure that Congress could not pass laws to disarm state malicious. Also in place as the right to revolt against government tyranny. Also intended to protect the rights of a citizen to own ordinary militia weapons
Fourth amendment
part of the bill of rights that reads: "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized"
Exclusionary rule
judicially created rule that prohibits police from using illegally seized evidence at trial
Good faith exception
allowing the use of tainted evidence in a variety of situations, especially when the police have a search warrant and "in good faith" conduct a search on the assumption that the warranty is valid though it is subsequently found invalid
Inevitable discovery rule
evidence illegally seized may be introduced if it would have been discovered anyways in the course of continuing investigation
Miranda rights
statements that must be made by the police in forming a suspect of his or her own constitutional rights protected by the fifth amendment, including the right of an attorney provided by the court if the suspect cannot afford one
Fifth amendment
part of the bill of rights that imposes a number of restrictions on the federal government with respect to the rights of the person suspected of committing a crime. It provides for indictment by a grand jury, protection against self-incrimination, and prevents the national government from dying a person life, liberty, or property without due process of law. It also prevents the national government from taking property without fair compensation
Double Jeopardy
Unconstitutional. A person cannot be tried twice for the same crime
Sixth amendment
part of the bill of rights that sets out the basic requirements of procedural due process for federal courts to follow in criminal trial. These include speedy and public trial's, impartial jury's, trials in the state where crime was committed, notice of the charges, the right to confront and obtain favorable witness, and the right to counsel
Eighth amendment
part of the bill of rights that states: "excessive bail should not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted"
14th amendment
One of the three Civil War amendments; guarantees equal protection and due process of the laws to all US citizens in states (no indictment or grand jury though)
Due process clause
clause contained in the fifth and 14th amendments. Over the years, it has been construed to guarantee the individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary governmental action. Makes some of Bill of Rights applicable to the states: "no state shall deprive any person of life, liberty, or property without due process of law"
Selective incorporation
a judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made applicable to the states be of the 14th amendment. Requires states to respect freedom suppress, speech, and assembly among other rights. The second, third, and seventh amendments have not been incorporated because the court has yet to consider them sufficiently fundamental to the nation
Substantial due process
judicial interpretation of the fifth and 14th amendments due process clause that protects citizens from arbitrary or unjust laws. A state law had to be shown to be a valid exercise of the state's power to regulate the Health, welfare, or public moral of the citizens
Procedural due process
when a government seeks to deprive somebody of life, liberty, and property, The government must notify the person, give them the opportunity to be heard, and have a decision made by a neutral decision maker
Equal protection clause
section of the 14th amendment that guarantees that all citizens receive "equal protection of the laws"; has been used to bar discrimination against blacks and women
Affirmative action
policies designed to give special attention or compensated treatment to members of the previously disadvantaged group
De facto discrimination
unintentional racial discrimination that results from practice (such as housing patterns or other social factors) rather than the law (bus area seating)
De jure discrimination
racial segregation that is a direct result of law or official party. (Laws for segregated school system)
Civil rights
refers to the positive acts governments take to protect individuals against arbitrary or discriminatory treatment by governments or individuals based on categories such as race, sex, national origin, age, or sexual orientation
Civil liberties
The personal rights and freedoms that the federal government cannot abridged by law, constitution, or judicial interpretation
13th amendment
one of the three Civil War amendments; specifically bans slavery in the United States. Southern states required to ratify as their readmission into the union after the war
15th amendment
one of the three Civil War amendments; specifically enfranchised newly freed male slaves and gave everyone in the right age the right to vote
Equal rights amendment
proposed amendment that would bar discrimination against women by federal or state governments. Provided that the quality of rights under the law shall not be denied or abridged by the US by any State on account of sex. And the Congress shall have power to enforce the provisions of this law
Gender discrimination case precedent
Reed v. Reed (concluded the equal protection clause of the 14th amendment prohibits unreasonable classification based on sex) and.... Craig v. Boren (Unconstitutional State law prohibiting sale of 3.2% beer two males under age of 21 into females under age of 18)
Title IX
provision of the educational amendments of 1972 that bars educational institutions receiving federal funds from discriminating against female students
Civil rights act of 1964
legislation passed by Congress to outlaw segregation in public facilities and racial discrimination in employment, education, and voting; created the equal employment opportunity commission. Barred discrimination in public accommodations engaged in interstate commerce, authorized the department of justice to initiate losses to desegregate public facilities and schools, provided for withholding of federal funds from discriminatory state and local programs, prohibited discrimination in employment grounds
19th amendment
amendment to the constitution that guaranteed the woman the right to vote
Civil disobedience
the refusal to comply to certain laws or to pay taxes and fines, as a peaceful form of political protest
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