Key Concepts in Civil Rights and Liberties

A collection of flashcards covering key concepts in civil rights and liberties, designed to assist in preparation for an exam.

Inalienable Rights

Rights that cannot be taken away or denied.

English Bill of Rights

A document that limited the powers of the monarchy and outlined the rights of Parliament.

Bill of Rights

The first ten amendments to the United States Constitution that outline individual rights.

State Action Doctrine

The principle that the protections of the Bill of Rights apply only to government actions.

First Amendment

Protects freedoms of speech, religion, press, assembly, and petition.

Second Amendment

Protects the right to keep and bear arms.

Fourth Amendment

Protects against unreasonable searches and seizures.

Fifth Amendment

Provides for due process, self-incrimination, and double jeopardy protections.

Sixth Amendment

Guarantees the right to a fair trial, including the right to counsel.

Eighth Amendment

Prohibits cruel and unusual punishment.

Fourteenth Amendment

Grants citizenship and equal protection under the law.

Selective Incorporation

The process by which certain rights in the Bill of Rights are applied to the states via the Fourteenth Amendment.

Civil Liberties

Individual rights protected from government interference.

Civil Rights

Rights that protect individuals' freedoms from infringement by governments, social organizations, and private individuals.

Establishment Clause

Prohibits the government from establishing an official religion.

Free Exercise Clause

Protects the right to practice one's religion freely.

Assembly Rights

The freedom to gather peacefully for demonstrations or protests.

Freedom of Expression

The right to express one’s ideas and opinions without censorship.

West Virginia v. Barnette

A Supreme Court case that held students cannot be required to salute the flag or recite the Pledge of Allegiance.

Texas v. Johnson

Supreme Court case that ruled flag burning is protected symbolic speech under the First Amendment.

Symbolic Speech

An action that expresses an idea or opinion.

Imminent Lawless Action

Standard for restricting speech that is likely to incite immediate illegal action.

Perjury

The act of lying under oath.

True Threats

Statements that convey an intent to commit violence.

Obscenity

Material that violates community standards and lacks serious literary, artistic, political, or scientific value.

Child Pornography

Sexually explicit material involving minors, which is illegal.

False Advertising

Misleading or untrue claims made in advertising.

Defamation of Character

False statements that harm an individual's reputation.

Public Figures

Individuals who have voluntarily placed themselves in the public eye.

Actual Malice

A standard for proving defamation which requires proof of knowledge of the statement's falsity.

Reckless Disregard for the Truth

A standard indicating that a statement was made without concern for whether it was true.

Prurient Interest

A morbid or unhealthy interest in sexual matters.

Miller v. California

Supreme Court case that created the Miller Test to determine obscenity.

Stanley precedent

Refers to the case where private possession of materials deemed obscene was protected.

Hate Speech

Speech that attacks a person or group based on attributes such as race, religion, or sexual orientation.

Burger Test

A standard used to evaluate whether speech can be limited based on its content.

Speech Codes

Regulations prohibiting certain types of speech, often used in educational contexts.

Schempp Test

A test established by the Supreme Court to evaluate religious practices in public schools.

Engel v. Vitale

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

Lemon Test

A three-part test to determine whether a law violates the Establishment Clause.

Everson v. Board of Education

Supreme Court case that upheld the use of tax funds to transport students to religious schools.

Pentagon Papers Case

Supreme Court case that upheld the right to publish classified documents in the interest of the public.

Employment Division v. Smith

Supreme Court case that ruled states can deny unemployment benefits to workers fired for using illegal drugs for religious purposes.

Prior Restraint

Government action that prohibits speech or other expressions before they occur.

Militia Clause

The part of the Second Amendment referring to the necessity of a well-regulated militia.

District of Columbia v. Heller

A Supreme Court case that recognized an individual's right to possess a firearm unconnected with service in a militia.

Due Process

The legal requirement that the state must respect all legal rights owed to a person.

Reasonable Suspicion

A standard used in criminal procedure that allows police officers to stop and question a person.

Probable Cause

A reasonable belief that a crime has been, is being, or will be committed.

Right to Privacy

The right to be free from unwarranted government intrusion into personal matters.

Totality of the Circumstances Test

A method used in law to determine whether a situation warrants a search.

Warranted Searches

Searches conducted with a warrant obtained upon probable cause.

Terry Rule

Allows police to stop and search a person based on reasonable suspicion.

Reasonable Expectation of Privacy Standard

The standard used to determine if a person's privacy has been violated.

Self-Incrimination

The act of exposing oneself to criminal prosecution.

Citizen Encounters

Interactions between law enforcement and citizens during stop-and-frisk or other investigations.

Double Jeopardy

The prosecution of a person twice for the same offense, which is prohibited.

Miranda Warnings

Warnings that must be given to individuals in custody before interrogation.

Right to Counsel

The legal right of a defendant to have the assistance of a lawyer.

Right to a Speedy Trial

The constitutional guarantee that a defendant will not be subjected to unnecessarily lengthy pre-trial detention.

Right to a Public Trial

The constitutional guarantee that criminal trials are open to the public.

Impartial Jury

A jury that does not have bias or preconceived notions about the case.

Reasonable Doubt

The standard of evidence required to validate a criminal conviction.

Penumbra of Amendments

Implied rights created by the expansion of specific rights within the Bill of Rights.

Dobbs v. Jackson Women’s Health

A Supreme Court case regarding abortion rights and state regulation.

Trimester Framework

A model used to determine the legal status of abortion at different stages of pregnancy.

Affirmative Action

Policies that consider race, ethnicity, or sex to promote equal opportunity.

Brown v. Board of Education

A landmark Supreme Court case declaring racial segregation in public schools unconstitutional.

Equal Protection Clause

Provision in the Fourteenth Amendment ensuring individuals receive equal protection under the law.

Fair Housing Act

Legislation that prohibits discrimination in housing based on race, color, religion, sex, or national origin.

Civil Rights Acts

Laws aimed at ending discrimination and ensuring equal rights for all.

Americans with Disabilities Act

Law that prohibits discrimination based on disability.

de facto Racial Quotas

Unwritten practices or policies that segregate or limit access based on race.

Legitimate State Interest

A valid government objective that may justify certain actions and laws.