Civil Liberties Vocab

clear & present danger

the government cannot interfere with 1st Amendment speech unless it presents a clear and present danger that will lead to harmful or illegal acts

civil liberties

freedoms from government interference

eminent domain

the power of the government to take private property for public use

Engle v. Vitale

prayers in school are unconstitutional and violate establishment clause

establishment clause

government cannot establish or endorse a specific religion

exclusionary rule

illegally obtained evidence cannot be used in a criminal trial

Due Process Clause

14th amendment

state governments must observe fair procedures before denying a person life, liberty, or property.

free exercise clause

freedom of religion

Gideon v. Wainwright

right to an attorney

Libel

written defamation (false statement)

McDonald v. Chicago

incorporated the 2nd Amendment right to bear arms into the states

NY Times v. US

Limits prior restraint (censorship) of the press

prior restraint

unconstitutional censorship before something is published

probable cause

- reasonable cause (for making a search, pressing a charge, etc.)

- not based on suspicion

Roe v. Wade

legalized abortion nationwide

Schenck v. US

founded the "clear and present danger" principle that limits free speech

selective incorporation

The application of the bill of rights to state governments

time, place, & manner restrictions

rules on speech/expression to prevent disruptions or safety threats

Tinker v. Des Moines

upheld a student's First Amendment right to engage in symbolic speech in school

Wisconsin v. Yoder

Amish children do not have to go to school until they are 16; they may stop after the 8th grade

1st Amendment

freedom of speech, press, expression, religion, assembly, and petition

2nd Amendment

right to bear arms

4th Amendment

search and seizure

5th Amendment

- right to remain silent

- no double jeopardy

- right to due process

6th Amendment

right to a fair, speedy trial

8th Amendment

no cruel or unusual punishment