Civil Liberties

Vocabulary flashcards based on lecture notes about civil liberties.

Civil Liberties

Areas of personal freedom constitutionally protected from government interference.

Bill of Rights

The first ten amendments to the Constitution, ratified in 1791, guaranteeing specific rights and liberties.

Habeas Corpus

A legal action or writ by means of which detainees can seek relief from unlawful imprisonment.

Establishment Clause

The First Amendment clause that says "Congress shall make no law respecting an establishment of religion."

Free Exercise Clause

The First Amendment clause that protects a citizen’s right to believe and practice whatever religion they choose.

Strict Scrutiny

The highest standard of review used by courts when reviewing constitutional questions.

Rational Basis Review

The lowest level of judicial review; the person challenging the law must prove it is not rationally related to a legitimate government interest.

Selective Incorporation

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

Prior Restraint

An effort by government to block publication of material it deems libelous or harmful.

Libel

A false statement made in writing that harms a person's reputation.

Slander

A false statement made verbally that harms a person's reputation.

Obscenity

Speech or writing that appeals to the "prurient interest" and lacks serious literary, artistic, political, or scientific value.

Miller Test

The test used to determine whether speech is obscene or pornographic and not deserving of constitutional protection.

Due Process of Law

The right of every individual against arbitrary action by national or state governments.

Exclusionary Rule

The ability of courts to exclude illegally obtained evidence.

Eminent Domain

The right of government to take private property for public use, with just compensation.

Miranda Rights

The rights of persons under arrest to be informed of their legal rights, including the right to remain silent and to have legal counsel.