amendments vocab

Civil Liberties

Fundamental rights and freedoms protected from government interference, such as freedom of speech and religion.

1st Amendment (Establishment/Free Exercise Clauses)

Establishment Clause: The government cannot establish an official religion or favor one religion over another.

Free Exercise Clause: Individuals can practice their religion freely, as long as it does not violate laws.

14th Amendment - Due Process Clause

Prevents states from depriving individuals of life, liberty, or property without fair legal procedures.

Prior Restraint

Government action that prevents speech or publication before it occurs, usually unconstitutional.

Obscenity

Material (such as images or texts) that violates community standards of decency and lacks serious value (legal test from Miller v. California).

Libel

False, written statements that harm a person's reputation.

Slander

False, spoken statements that harm a person's reputation.

Symbolic Speech

Nonverbal actions that express a message, like burning a flag or wearing an armband, which are often protected under the First Amendment.

Due Process Amendments (4th, 5th, 6th, 14th)

4th Amendment: Protects against unreasonable searches and seizures.

5th Amendment: Protects against self-incrimination and guarantees due process.

6th Amendment: Ensures a fair and speedy trial with legal representation.

14th Amendment: Extends due process protections to state governments.

Probable Cause

A reasonable belief, based on facts, that a person has committed a crime, required for searches and arrests.

Unreasonable Search and Seizure

Government searches or seizures without a warrant or probable cause, violating the 4th Amendment.

Exclusionary Rule

Evidence obtained illegally cannot be used in court.

Self-Incrimination

Being forced to testify against oneself, which is protected against by the 5th Amendment.

Plea Bargaining

An agreement where a defendant pleads guilty to a lesser charge in exchange for a lighter sentence.

8th Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishment.

Right to Privacy

The implied right to keep personal matters private from government interference, based on interpretations of the Constitution.

Selective Incorporation Doctrine

The process by which the Supreme Court applies parts of the Bill of Rights to state governments using the 14th Amendment