Civil Liberties in Political Science 1101

These flashcards cover key vocabulary terms related to civil liberties as discussed in the Political Science 1101 course, aimed at helping students prepare for their midterm exam.

Civil Liberties

Freedoms that are protected from government intervention.

Bill of Rights

The first ten amendments to the United States Constitution, designed to limit government powers and protect individual freedoms.

Incorporation

The process by which the Bill of Rights was applied to the states through the Fourteenth Amendment.

Selectiv Incorporation

The nationalization of certain rights over time, whereby specific protections from the Bill of Rights are applied to the states.

Clear and Present Danger Test

A legal test used to determine whether speech can be restricted based on the possibility of it causing harm or danger.

Incitement Test

A legal standard that allows the government to restrict speech that is directed to inciting or producing imminent lawless action.

Communications Decency Act

A 1996 law that criminalized the transmission of indecent material online, which was struck down for being overly vague.

Lemon Test

A three-part test used to evaluate whether a law is an unconstitutional establishment of religion.

Neutrality Test

A legal standard applied to ensure that government policies do not favor religious groups over non-religious groups.

Second Amendment

Part of the Bill of Rights that protects the right of individuals to keep and bear arms.

Miranda Rule

A rule requiring that individuals taken into police custody be informed of their rights, including the right to remain silent.

Eighth Amendment

Amendment that prohibits cruel and unusual punishment.

Right to Counsel

The constitutional right of a defendant in a criminal case to have the assistance of legal counsel.

Freedom of Speech

The right to express opinions without government restraint, subject to certain limitations.

Freedom of Religion

The right to practice any religion of one’s choosing without government interference.

Freedom of Press

The right of journalists to publish news and information without government censorship.

Privacy

The right to a private personal life free from the intrusion of government.

Reproductive Policy

Legal regulations and rights regarding family planning and reproductive health.

Civil Liberties

Freedoms that are protected from government intervention.

Bill of Rights

The first ten amendments to the United States Constitution, designed to limit government powers and protect individual freedoms.

Incorporation

The process by which the Bill of Rights was applied to the states through the Fourteenth Amendment.

Selectiv Incorporation

The nationalization of certain rights over time, whereby specific protections from the Bill of Rights are applied to the states.

Clear and Present Danger Test

A legal test used to determine whether speech can be restricted based on the possibility of it causing harm or danger.

Incitement Test

A legal standard that allows the government to restrict speech that is directed to inciting or producing imminent lawless action.

Communications Decency Act

A 1996 law that criminalized the transmission of indecent material online, which was struck down for being overly vague.

Lemon Test

A three-part test used to evaluate whether a law is an unconstitutional establishment of religion.

Neutrality Test

A legal standard applied to ensure that government policies do not favor religious groups over non-religious groups.

Second Amendment

Part of the Bill of Rights that protects the right of individuals to keep and bear arms.

Miranda Rule

A rule requiring that individuals taken into police custody be informed of their rights, including the right to remain silent.

Eighth Amendment

Amendment that prohibits cruel and unusual punishment.

Right to Counsel

The constitutional right of a defendant in a criminal case to have the assistance of legal counsel.

Freedom of Speech

The right to express opinions without government restraint, subject to certain limitations.

Freedom of Religion

The right to practice any religion of one’s choosing without government interference.

Freedom of Press

The right of journalists to publish news and information without government censorship.

Privacy

The right to a private personal life free from the intrusion of government.

Reproductive Policy

Legal regulations and rights regarding family planning and reproductive health.

How do Civil Liberties differ from Civil Rights?

Civil Liberties protect individuals FROM government interference (e.g., freedom of speech, privacy), while Civil Rights are government's positive actions to ensure equal treatment and nondiscrimination (e.g., voting rights, anti-discrimination laws).

Why was the Bill of Rights added to the U.S. Constitution?

It was added to appease Anti-Federalists who feared a strong national government would infringe on individual freedoms, serving as a safeguard against potential government overreach by explicitly listing protected rights.

Which clause of the Fourteenth Amendment facilitated the process of Selective Incorporation?

The Due Process Clause of the Fourteenth Amendment ('nor shall any State deprive any person of life, liberty, or property, without due process of law') became the legal basis for applying most fundamental protections of the Bill of Rights to state governments.

In which landmark Supreme Court case was the 'Clear and Present Danger Test' first established for free speech?

Schenck v. United States (1919), where Justice Oliver Wendell Holmes Jr. wrote that speech creating a 'clear and present danger' to public order, like shouting 'fire!' in a crowded theater, could be restricted.

What was the broader significance of the 'Incitement Test' from Brandenburg v. Ohio (1969)?

It significantly narrowed the government's ability to restrict speech, requiring that the speech be 'directed to inciting or producing imminent lawless action' and 'likely to incite or produce such action,' thereby protecting more forms of political expression.

Why did the Supreme Court strike down the 'Communications Decency Act' (1996)?

In Reno v. ACLU (1997), the Court found it unconstitutional because its provisions were overly vague and broad, infringing on protected speech by criminalizing 'indecent' content online without clear definitions, thus violating the First Amendment.

List the three prongs of the Lemon Test used to evaluate the constitutionality of laws under the Establishment Clause.

A law must: 1. Have a secular legislative purpose. 2. Have a primary effect that neither advances nor inhibits religion. 3. Not foster an excessive government entanglement with religion.

In what context is the 'Neutrality Test' primarily applied regarding religion?

It is often applied to government aid to religious institutions or religious expression in public spaces, ensuring that the government remains neutral, neither favoring nor disfavoring religion, and treats all religious and non-religious groups equally.

What major legal shift occurred in the interpretation of the 'Second Amendment' in the 21st century?

In District of Columbia v. Heller (2008), the Supreme Court affirmed that the Second Amendment protects an individual's right to possess firearms for traditionally lawful purposes, like self-defense in the home, unconnected to militia service. This right was later incorporated to the states in McDonald v. City of Chicago (2010).

What specific warnings are required under the 'Miranda Rule'?

Individuals in custody must be informed of their right to remain silent, that anything they say can be used against them in court, their right to an attorney, and that if they cannot afford an attorney, one will be appointed for them.

How does the 'Eighth Amendment' relate to capital punishment in the U.S.?

The Eighth Amendment's prohibition against 'cruel and unusual punishment' has been central to legal challenges regarding the death penalty, particularly concerning methods of execution, mental capacity of defendants, and disproportionate application, though the Supreme Court has affirmed its constitutionality under certain conditions.

Which landmark case established the 'Right to Counsel' for indigent defendants in felony cases?

Gideon v. Wainwright (1963) established that the Sixth Amendment's right to counsel requires states to provide attorneys for defendants who cannot afford one in felony cases, later extended to other serious offenses.

Name some categories of speech that are generally not protected under the 'Freedom of Speech'.

Categories include incitement to imminent lawless action, fighting words, obscenity, defamation (libel and slander), commercial speech (with less protection), and true threats.

What are the two main clauses of the 'Freedom of Religion' in the First Amendment?

1. The Establishment Clause: Prohibits the government from establishing a religion. 2. The Free Exercise Clause: Protects individuals' right to practice their religion freely without government interference.

What is 'prior restraint' and how does it relate to 'Freedom of Press'?

Prior restraint is government censorship of information before it is published. The Supreme Court has consistently held that prior restraint is almost always unconstitutional, making it very difficult for the government to prevent publication of news.

Where is the 'Right to Privacy' explicitly mentioned in the U.S. Constitution?

The Right to Privacy is not explicitly mentioned. It is an implied right derived from various amendments, including the First, Third, Fourth, Fifth, Ninth, and Fourteenth Amendments, as established by the Supreme Court in cases like Griswold v. Connecticut (1965).

Which landmark Supreme Court case first affirmed the right to abortion in the U.S.?

Roe v. Wade (1973) established a woman's constitutional right to an abortion, based on the implied right to privacy within the Fourteenth Amendment, though this ruling was later overturned by Dobbs v. Jackson Women's Health Organization (2022).