Studied by 14 people
Civil Liberties
fundamental rights and freedoms of individuals that are protected by unreasonable government restriction
Amendment
change to the constitution
Ratification
Official adoption (to the constitution)
Bill of Rights
The first 10 amendments to the constitution that protects the individual rights of citizens
Establishment Clause
protects individuals from the government requiring citizens to join/support a religion
can’t establish a national religion
Free Exercise Clause
protects rights of individuals to exercise and express their religious beliefs
Clear and Present Danger
legal standard that speech posing an immediate and serious threat to national security is not protected by the first amendment
Prior Restraint
occurs when government censors or suppresses material before it is published
used when the nation is at war or when speech would incite violence
Espionage Act (1917)
Symbolic Speech
images, signs, and symbols used as forms of political expression
Slander
spoken lies
Libel
Written lies
Restrictions on obscenity and pornography
words, images, or videos that depict sexual activity in an offensive manner that lack any artistic merit
Time, place, and manner
The government may impose reasonable restrictions on the time, place, or manner of protected speech
imposing limits on noise level of speech, capping number of protesters who may occupy a given forum, or barring early morning demonstrations (these are examples)
Selective incorporation
the piecemeal process through which the SCOTUS had affirmed that almost all of the protections in the Bill of Rights also apply to state governments
Due Process Clause (14th amendment)
No person can deprive “life, liberty, or property without due process of the law”
warrant
Issued by a judge to allow a person to search a person or place (must be obtained before searching)
Probable cause
reasonable belief that a crime has been committed or that is evident/relevant to a criminal investigation
Exclusionary Rule
evidence obtained without a warrant is inadmissible in court
Procedural Due Process
court is required to follow established procedures
Grand jury
examines evidence and decides whether or not there is enough evidence to take the defendant to court
Miranda Rights
rights read to someone accused of a crime that tell them they have the right to remain silent and to have an attorney present during questioning
Bail
amount of money posted as security to allow the defendant to be freed while awaiting trial
Civil Rights
government’s protection of individuals from discrimination as members of particular groups
13th amendment
abolished and prohibits slavery
14th amendment
defines citizenship (anyone born in the us or naturalized is a citizen)
equal protection and due process clause
15th amendment
can’t discriminate by race when it comes to voting
Jim Crow Laws
enforced segregation across all aspects of daily life including transportation, entertainment, business, and education
De Jure segregation
legal segregation: separation by law of individuals based on race
enforced by government
ex: Jim Crow Laws
De facto segregation
segregation that exists by practice and customs
enforced by society
Social Movement
resistance to the decision in Brown v Board and the order to desegregate at “all deliberate speed” led African-American community leaders to take alternative actions to end segregation in schools, workplaces, and the community
Civil Disobedience
intentionally breaking a law to protest injustice
Civil Right Act of 1964
authorized the federal government to withhold grants from school districts that did not integrate their schools
outlawed racial segregation in schools and public places
Voting rights act of 1965
prohibits voting practices or procedures that discriminate on race (banned literacy tests)
Affirmative Action
designed to address the consequences to individuals based on their characteristics, such as race or gender
Strict Scrutiny Standard
government has to show a “compelling interest” to justify unequal treatment (ex: Affirmative Action)
Rational Based Standard
differential treatment must be shown to be reasonable and not arbitrary
ex: air traffic controllers must retire by 56
Intermediate Scrutiny
falls in between the first two standards
ex: women don’t have to participate in a draft
19th amendment
gave women the right to vote
women’s suffrage
Defense of Marriage Act (DOMA)
for purpose of federal law: marriage meant a legal union between a man and a woman
reaffirmed power of states to make their own decisions about marriage laws
Espionage Act of 1917
banning/penalizing wartime activities that are dangerous and disloyal that intend to harm the US or to aid a foreign nation
Note 
Flashcard (219)