How the U.S. Differs: Civil Liberties

Vocabulary flashcards covering key civil liberties concepts from the lecture notes.

Civil liberties

Specific individual rights protected from government infringement by the Constitution.

Bill of Rights

The first ten amendments listing rights the federal government must protect.

Fourteenth Amendment

Amendment whose due process clause prevents states from abridging individual rights; used to apply BoR protections to the states.

Selective incorporation

Judicial process of applying protections in the Bill of Rights to the states through the Fourteenth Amendment.

First Amendment

Protects freedom of speech, press, assembly, and religion; with specific limits.

Speech

Verbal expression protected by the First Amendment, subject to limits like obscenity or incitement.

Press

Freedom to publish; limits include obscenity, libel, national security, or incitement.

Assembly

Right to assemble; government may impose time, place, and manner restrictions for safety.

Religion

Protection from others imposing beliefs; freedom to believe and practice.

Establishment Clause

Government may not establish or favor one religion over another (wall of separation/accommodation).

Free Exercise Clause

Government cannot interfere with the practice of religion unless constrained by valid laws.

Lemon test

Three-part test: nonreligious purpose, primary effect neither advances nor inhibits religion, and no excessive entanglement.

Wall of separation

Idea that government and religion should be separate to protect both spheres.

Prior restraint

Government prohibition of speech or publication before it occurs; generally disfavored.

Clear-and-present-danger

Test used to restrict speech when it poses an immediate and clear danger.

Imminent lawless action

Test stating speech can be limited if it is likely to incite imminent illegal activity.

Symbolic speech

Nonverbal conduct conveying a message; protected but not as fully as verbal speech.

Hate speech

Speech expressing hatred; generally protected, though punishable when accompanied by hate crimes or violence.

Time, place, and manner restrictions

Content-neutral limits on when/where/how speech occurs for public safety.

Libel

Written false statements that damage a person’s reputation.

Slander

Oral false statements that damage a person’s reputation.

Actual malice

Knowledge of falsity or reckless disregard for the truth, required for defaming public figures.

Right to privacy

Protection against government intrusion into personal and intimate matters.

Griswold v. Connecticut

Case recognizing a zone of privacy in marital contraception.

Roe v. Wade

Case recognizing abortion rights as part of the right to privacy.

Lawrence v. Texas

Case extending privacy protections to consensual same-sex conduct.

Second Amendment

Right to keep and bear arms; interpreted as an individual right.

District of Columbia v. Heller

Case holding an individual right to possess a firearm for self-defense (federal).

McDonald v. Chicago

Case applying the Second Amendment to limit state and local gun restrictions.

Fourth Amendment

Protection against unreasonable searches and seizures; requires probable cause and warrants in many cases.

Probable cause

Reasonable belief that a crime has occurred or that evidence of a crime is present.

Exclusionary rule

Evidence obtained in violation of rights cannot be used in court.

Good faith exception

Evidence can be admitted if police acted on a reasonable belief warrants were valid.

Inevitable discovery

Evidence obtained through lawful means that would have been discovered anyway.

Plain view

Evidence in plain sight during lawful observation may be seized.

Miranda v. Arizona

Case requiring police to provide Miranda warnings before questioning a suspect.

Miranda warnings

Rights including remaining silent and having an attorney, read upon arrest.

Sixth Amendment

Right to counsel, a speedy and public trial, and to confront witnesses; trial by jury in some cases.

Grand jury

Federal indictments typically require a grand jury; not always used by states.

Eighth Amendment

Prohibits cruel and unusual punishment and excessive bail or fines; restricts certain penalties.