Unit 8: The Bill Of Rights

Civil Liberties

Fundamental rights and freedoms protected from infringement by the government.

Civil Rights

Protections from discrimination as a member of a particular group.

Selective Incorporation

The piecemeal process through which the Supreme Court applies the Bill of Rights to state laws and actions.

Establishment Clause

Protection against the government requiring citizens to join or support a religion.

Free Exercise Clause

Protection of the rights of individuals to exercise and express their religious beliefs.

Engel v Vitale (1962)

Supreme Court ruled that school-sponsored prayer violated the Establishment Clause.

Lemon Test

Set guidelines for what is permissible under the Establishment Clause.

Wisconsin v Yoder

Supreme Court ruled that requiring Amish children to attend school violated their rights under free exercise.

Freedom of Expression

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

Espionage Act Of 1917

Legislation that restricted political expression during wartime.

Clear and Present Danger Test

Legal standard that speech posing an immediate threat to national security is not protected.

Prior Restraint

The suppression of material prior to publication on grounds it might endanger national security.

Tinker v Des Moines Independent Community School District (1969)

Ruling that students do not lose their rights to free speech at school.

Libel

An untrue written statement that injures a person’s reputation.

Slander

An untrue spoken expression that injures a person’s reputation.

New York Times v Sullivan (1964)

Supreme Court ruled advertisement not published with actual malice; thus protected.

Hate Speech

Speech that expresses hatred towards a group identified by race, gender, or sexual orientation.

Obscenity

Material that depicts sexual activity in an offensive manner and lacks artistic value.

Roth v United States (1957)

Established a standard for what constitutes obscenity in the United States.

Miller Test

Three criteria must be met for material to be considered obscene.

Second Amendment

Protects the right to keep and bear arms.

District of Columbia v Heller (2008)

Ruling that overturned a ban on handgun ownership for self-defense in the home.

Ex-Post Facto

Laws criminalizing conduct that was legal at the time it occurred.

Bills Of Attainder

A law punishing an individual without a trial.

Writ Of Habeas Corpus

A document setting out reasons for an arrest or detention.

Fourth Amendment

Protects against unreasonable searches and seizures.

Mapp v Ohio (1961)

Established the exclusionary rule; evidence obtained without a warrant is inadmissible.

Fifth Amendment

Includes protections against self-incrimination and double jeopardy.

Grand Jury

A group that decides whether there is enough evidence to indict a person.

Miranda Rights

Rights read to a suspect upon arrest; includes the right to remain silent.

Sixth Amendment

Provides rights related to criminal prosecutions, including a speedy trial.

Gideon v Wainwright

Extended the right to an attorney to defendants who cannot afford one.

Eighth Amendment

Prohibits excessive bail and cruel and unusual punishment.

Griswold v Connecticut (1965)

Established the right to privacy regarding contraceptive use.

Roe v Wade (1973)

Ruled that the Constitution protects a woman's right to obtain an abortion.

Ninth Amendment

Addresses rights not specifically enumerated in the Constitution.

Civil Rights Movement

A movement for social justice and equality, including protections against discrimination.

Affirmative Action

A policy designed to address the consequences of previous discrimination.

Regents of the University of California v Bakke (1978)

Court ruled race could be considered in admissions but struck down quota systems.

Students For Fair Admission, Inc. v President & Fellows Of Harvard College (2023)

Court ruled admissions must focus on individual experiences, not just race.