Civil Liberties & Civil Rights Vocab

Rights of Accused:

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: it is illegal to apply a law to an act committed before the law was enacted

Bill of attainder: it is illegal to punish someone without a court trial

Due process clause: all citizens are guaranteed their rights

1st Amendment:

Selective incorporation: the process by which the Supreme Court ensures citizens’ rights within the Constitution are not violated by states

Establishment clause: government involvement in religious establishment is constitutional if it meets the Lemon Test:

Secular purpose
Primary effect neither advances/inhibits religion
No excessive government entanglement

Vouchers: government money given to parents to pay their children’s tuition in a public/private school

2002: Zelman v. Simmons-Harris

Free exercise clause: no law may impose particular burdens on religious institution; prohibits abridgement of the freedom to/not to worship

Bad tendency test: permits state legislatures to prohibit speech that encourages illegal action

Clear and present danger test: created precedent that 1st Amendment guarantees to free speech are not absolute

Smith Act of 1940: forbade advocacy of violent overthrow of government
McCarthyism: during cold war, senator Joseph McCarthy accused public officials of being communist without evidence (created fear)

Preferred position doctrine: belief that 1st Amendment is so important that no person should be punished for what they say, only what they do

Non-Protected Speech:

Libel: publication of statements known to be false that tend to damage a person’s reputation

Slander: spoken defamation

Sedition: attempting to overthrow the government by force or use of violence to interrupt its activities

Obscenity: public standards vary from time to time, place to place, and person to person on what is considered inappropriate

Fighting Words: words that by nature either inflict injury or insight people to take illegal action

Symbolic Speech: forms of non-verbal communication (carrying signs, wearing armbands, burning flags, etc)

1969: Tinker v. Des Moines Independent School District

Prior restraint: attempt to limit freedom of press by presenting material from being published (censorship - illegal!)

1971: New York Times Company v. United States (Pentagon Papers)

Civil disobedience: peaceful protest

First Amendment Freedom:

Naturalization: the process where US citizenship is granted

Dual Citizenship: a person is a citizen of two countries at the same time

Rights of Expatriation: a natural and inherent right of all people

Property Rights: the theoretical and legal ownership of resources and how they can be used

Contract Clause: any contract must have a section that simply explains the contents of said contract

Police Powers: the right to enact police to regulate behavior and enforce order for the betterment of health, safety, or general welfare.

Eminent Domain: the right of the government to take private property and convert it into public lands (government must compensate property owners)

Regulatory Taking: the government limits the legal usage of private property, making it virtually impossible for the owner to use

Due Process: right to fair treatment within the judicial system

Procedural Due Process: the requirement that certain protections must be provided before depriving a person of any protested life, liberty, or property rights.

Substantive Due Process: the principle that the 5th and 14th Amendments protect fundamental rights from government intrusion

Search Warrant: legal documentation that authorizes police or other officials to enter and search a property

Racial Profiling: the usage of race or ethnicity as basis for suspecting someone of being a guilty of a certain criminal act

Exclusionary Rule: evidence that is collected or analyzed illegally (violating of a defendant's rights) is not allowed within court

Immunity: legal protection that exempts one from liability, punishment, or legal action that would apply otherwise

Grand Jury: a group of people selected to sit during hearing to decide whether the prosecution’s evidence has grounds for indictment

Indictment: the act of formally charging one with a crime

Plea Bargain: an agreement between the defendant and prosecutor where the defendant admits guilt for a lesser charge

Petit Jury: a group of people selected to sit during trial to reach a verdict

Double Jeopardy: no person can be prosecuted twice for the same crime

Court Cases:

Brown v. Board of Education: segregation within schools is illegal, violating 14th Amendment

New York Times v. United States: Government tried to stop the NYT from publishing the Pentagon Papers; ruling said government cannot curb speech

Gideon v. Wainwright: after being charged with breaking and entering a pool hall, Gideon was refused the right to attorney; ruling guaranteed accused the right to attorney

Schenck v. United States: Schenck handed out anti-draft pamphlets during wartime; 1st Amendment can be limited if they create a “clear and present danger”

Wisconsin v. Yoder: compulsory (required) education; court ruled that Amish children did not have to attend school past 8th grade due to religious beliefs

University of California v. Bakke: quote given on test; ruled colleges can’t have quota system for 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)

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