Civil Liberties & Civil Rights Vocab

Writ of Habeas Corpus

court order directing a prisoner be brought before a court where court officers explain why the prisoner should not be released; aka right to know one’s charges

Ex post facto law

A law that makes an act illegal after it has been committed, and punishes individuals for actions that were legal at the time.

Bill of attainder

it is illegal to punish someone without a court trial

Due process clause

The guarantee that all citizens are entitled to fair treatment and protection of their rights.

Selective incorporation

The process by which the Supreme Court ensures that the rights protected by the Constitution apply to the states as well.

Establishment clause

The part of the First Amendment that prohibits the government from establishing an official religion.

Vouchers

Government funds given to parents to pay for their children's education in public or private schools.

Free exercise clause

The part of the First Amendment that protects individuals' right to practice their religion freely.

Bad tendency test

A test used to determine if speech can be prohibited if it encourages illegal actions.

Clear and present danger test

A test used to determine if speech can be restricted if it presents a clear and immediate danger to society.

Preferred position doctrine

The belief that the First Amendment is of utmost importance and individuals should not be punished for their speech.

Libel

The publication of false statements that harm a person's reputation.

Slander

Spoken defamation that harms a person's reputation.

Sedition

The act of attempting to overthrow the government through force or violence.

Obscenity

Material that is considered offensive or inappropriate based on public standards.

Fighting Words

Words that are likely to provoke violence or illegal actions.

Symbolic Speech

Non-verbal forms of communication, such as wearing armbands or burning flags, that convey a message.

Prior restraint

The attempt to limit freedom of the press by preventing the publication of certain materials.

Civil disobedience

Peaceful protest or refusal to comply with certain laws or regulations.

Naturalization

The process by which an individual becomes a citizen of the United States.

Dual Citizenship

The status of being a citizen of two countries simultaneously.

Property Rights

The legal ownership and control of resources and how they can be used.

Contract Clause

The requirement that contracts must include a section that explains their contents.

Police Powers

The authority of the government to regulate behavior and maintain order for the well-being of society.

Eminent Domain

The government's power to take private property for public use, with compensation to the owner.

Regulatory Taking

When the government restricts the use of private property to the point where it becomes practically unusable.

Due Process

The right to fair treatment and protection of one's rights within the legal system.

Procedural Due Process

The requirement that certain protections must be provided before depriving a person of their life, liberty, or property.

Substantive Due Process

The principle that the Fifth and Fourteenth Amendments protect fundamental rights from government interference.

Search Warrant

A legal document that authorizes law enforcement to search a property.

Racial Profiling

The use of race or ethnicity as a basis for suspecting someone of committing a crime.

Exclusionary Rule

Evidence that is obtained illegally or in violation of a defendant's rights is not admissible in court.

Immunity

Legal protection that exempts an individual from liability or punishment.

Grand Jury

A group of people who determine if there is enough evidence to indict someone for a crime.

Indictment

The formal charging of a person with a crime.

Plea Bargain

An agreement between the defendant and prosecutor where the defendant pleads guilty to a lesser charge.

Petit Jury

A group of people who hear a trial and reach a verdict.

Double Jeopardy

The principle that a person cannot be tried twice for the same crime.

Brown v Board of Education

Supreme Court case that declared segregation in schools unconstitutional.

New York Times v United States

Supreme Court case that protected freedom of the press by ruling that the government cannot censor speech.

Gideon v Wainwright

Supreme Court case that established the right to an attorney for individuals accused of a crime.

Schenck v United States

Supreme Court case that limited free speech rights during wartime if it presents a "clear and present danger."

Wisconsin v Yoder

Supreme Court case that exempted Amish children from compulsory education beyond 8th grade due to religious beliefs.

University of California v Bakke

Supreme Court case that ruled against the use of quotas in affirmative action

Tinker v. Des Moines

black armbands; students/teachers don’t lose their freedom of expression within school unless they cause disruption 

Engel v. Vitale

school prayer; schools can’t enforce an official prayer

McDonald v. Chicago

 citizens have a right to carry a weapon for their protection (“Old McDonald had a gun…bang, bang, bang, bang” ~Mr.R) LOL

Roe v. Wade

right to an abortion was based on the constitutional right to privacy 

Dobbs v. Jackson

the right to privacy is not protected in the constitution, making abortion not protected; overturned Roe

Mapp v. Ohio

 unreasonable search and seizures; exclusionary rule

Miranda v. Arizona

Miranda was questioned for 2 hours until he confessed to the kidnapping of a girl. Miranda claimed he didn’t know he could remain silent; ruled that individuals have right against self-incrimination and right to attorney