Civil Liberties
The legal constitutional protections from government actions. Formally set down in the Bill of Rights. The courts and legislatures clarify their meaning.
First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redre
Hate speech
Expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation. It is a form of speech that IS generally protected as free speech if not coupled with actions/violence.
Fourteenth Amendment
The 14th Amendment's Due Process Clause: Allows for the incorporation, or application of the rights (civil liberties) found in the Bill of Rights.
The 14th Amendment's Equal Protection Clause: Allows for the equal protection of all citizens in all states
Incorporation Doctrine
A.K.A. "selective incorporation". The legal concept under which the Supreme Court has applied the civil liberties in the Bill of Rights to the state government. It's done on a case by case basis (the Court incorporates one freedom at a time - today nearly
Second Amendment
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. Incorporated as an INDIVIDUAL right, by the Supreme Court, in McDonald v. Chicago (2010).
Free Exercise Clause
A First Amendment provision that prohibits government from interfering religious practices.
Prior Restraint
A government preventing material from being published. The Supreme Court has NOT allowed prior restraint, even of classified documents, as prior restraint would contradict the 1st Amendment's Freedom of the Press.
slander or libel
Making knowingly false and malicious oral statements (slander) or written statements (libel) about someone. Not a protected form of speech.
Symbolic Speech
Nonverbal communication, such as burning a flag or wearing an armband. Generally a protected form of free speech.
Probable Cause
The situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police
are allowed legally to search for and seize incriminating evidence.
Exclusionary Rule
The doctrine that evidence cannot be introduced into a trial if it was not legally obtained. It prevents use of evidence obtained through unreasonable search and seizure.
Fifth Amendment
This is designed to protect the rights of persons accused of crimes, including protection against:
double jeopardy,
self-
incrimination,
punishment without due process of law.
Clear and present danger
Established in Schenck v. United States (1919), the test allowed the government to restrict certain types of speech deemed dangerous (e.g. yelling fire in a crowded movie theater)
Self-incrimination
The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court.
It is forbidden by the Fifth Amendment.
Commercial speech
Advertisements and commercials for products and services. Commercial speech/press can be restricted in order to discourage false advertising.
Eighth Amendment
forbids cruel and unusual punishment, although it does not define this phrase.
Establishment Clause
Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion.
Civil Rights
Policies to protect people or grouops against arbitrary/discriminatory treatment
Equal Protection Clause
Part of the 14th amendment that prohibits states from denying equal protection under the law, and has been used by the Courts to combat discrimination and promote or support Civil Rights.
Thirteenth Amendment
Forbade slavery and involuntary servitude
Civil Rights Act of 1964
A federal law that authorized federal action against segregation in public accommodations, public facilities, and employment. The law was passed during a period of great strength for the civil rights movement, and President Lyndon Johnson persuaded many r
Suffrage
The legal right to vote; extended to African Americans by 15th amendment; women=19th; and people over age of 18 by 26th
Fifteenth Amendment
Extended suffrage to African Americans
Poll Taxes
Small taxes levied on the right to vote that often fell due at a time of year when poor African-American sharecroppers had the least cash on hand. This method was used by most Southern states to exclude African Americans from voting. Poll taxes were decla
White primary
A state primary election that restricts voting to whites only; outlawed by the Supreme Court in 1944.
Twenty-fourth amendment
Declared poll taxes illegal in federal elections
Voting Rights Act of 1965
Invalidated the use of any literacy test or device to deny the vote and authorized federal examiners to register voters in states that had disenfranchised blacks; more African Americans became politically active and elected black representatives.
Nineteenth Amendment
Granted women the right to vote in all 50 states
Equal Rights Amendment
Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex", A Constitutional amendment formally proposed by Congress but never ratified by the states. Would have banned discrimination on the b
Americans with Disabilities Act of 1990
Requires employers/public facilities with "reasonable accommodations" for disabled and prohibits work discrimination.
Affirmative Action
policy gives special attention/compensatory treatment for members a disadvantaged group. the Supreme Court has allowed affirmative action policies, but has put many limits on them, especially the use of racial quotas or percentages.
imminent lawless action test
rule used by the courts (in Brandenburg v. Ohio) that restricts speech only if it is aimed at producing or is likely to produce imminent lawless action (a higher standard to reach than "clear and present danger")
shield laws
STATE laws (not federal) that protect journalists from having to reveal their sources. There are no shield laws on a federal level.
exceptions to a warrant (why the police would likely NOT need a warrant)
if individual consents to search, searches incident to a lawful arrest, plan view doctrine, or evidence that might be destroyed if not acted on immediately
procedural due process
A provision in the Constitution that states that the law must be carried out in a fair and orderly manner.
substantive due process
Ensures government doesn't pass laws that interfere with people's life, liberty, and property or your fundamental rights. The laws themselves must be fair. Ex: No one can make any negative statements against the government. This impede's on freedom of spe
Fourth Amendment
amendment that protects the rights of people from unreasonable search and seizure.
Sixth Amendment
the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.
Grandfather clause
A device used by southern states to disenfranchise African Americans, limiting voting to those whose grandfathers had voted before 1867. Overturned by the Court in 1915.
Letter from Birmingham Jail (1963)
Written by Martin Luther King defending, and promoting, the use of non-violent protest against segregation. MLK expressed his disappointment in white pastors & Christians who didn't speak out more regarding racial discrimination. He also criticized those
prior restraint
government censorship of information before it is published or broadcast. prior restraint is NOT constitutionally protected, as demonstrated in New York Times v. U.S. (1971)
Patriot Act (2001)
Passed weeks after 9/11. Expands anti-terrorist powers, making it easier for government to engage in wiretapping & internet surveillance, among other things. Special Courts (FISA) grant warrants with a lower threshold than "probable cause". Bulk surveilla
USA Freedom Act (2015)
Updated/replaced the Patriot Act. Most of the Patriot remains in tact. But, it bans the bulk collection of internet and telephone records, previously compiled by government.
Government now needs a special warrant to receive data from private telecommunica
Forms of speech that are NOT protected
slander, libel, obscenity, incitement to lawless actions, bribery, false advertising
Restrictions on the 2nd Amendment that have been allowed
Requirements for background checks, waiting periods, bans on assault rifles. NOT allowed: ban on handguns for protection in the home, or guns for hunting.
Title IX of the 1972 Education Act
Prohibited gender discrimination in federally subsidized education programs. One of the most important results was the dramatic increase of girls involved in school sports.
time, place, and manner restrictions
regulations regarding when, where, or how expression may occur; must be content neutral (can't be restricted because of the content of the protest/expression).
4th Amendment
Freedom from unreasonable searches and seizures
United States v. Lopez (1995)
The Commerce Clause of the Constitution does NOT give Congress the power to regulate guns near state-operated schools (this is something left up to the states). Congress CAN limit guns in some cases (banning machine guns, or previously banning assault wea
Mapp v Ohio (1961)
Used the incorporation doctrine to apply the 4th Amendment to the states. The Court held that illegally obtained evidence, in state & federal cases, can't be used in court.
Brandenburg v. Ohio (1969)
Speech that calls for violence/illegal action is protected, unless it is "inciting imminent lawless action".
Wisconsin v. Yoder (1972)
Religious freedom case. The Court ruled that Amish families can use the Free Exercise Clause to refuse to send their children to school, after the eighth grade.
Tinker v. Des Moines (1965)
The case that ruled that students do not lose Constitutional rights when they entered the building but they can be limited if they cause a disruption - the case dealt with students wearing black armbands in protest of the Vietnam War.
Gideon v Wainwright (1963)
The Supreme Court decision holding that anyone (even in state courts) accused of a felony where imprisonment may be imposed, however poor
he or she might be, has a right to a lawyer.
New York Times v. United States (1971)
The Court reaffirmed its position of prior restraint, refusing to stop the publication of classified documents known as the Pentagon Papers.
Schenck v United States (1919)
Government can limit speech if the speech provides a "clear and present danger". A higher standard for limiting speech (incitement to imminent lawless action) later replaced "clear and present danger" test. The example of a clear and present danger was gi
Miranda v Arizona (1966)
The Supreme Court decision that mandated the reading of due-process rights to the suspect, for police questioning of accused persons.
Roe v Wade (1973)
The Supreme Court decision holding that a state ban on all abortions was unconstitutional. This had the effect of legalizing abortion, at least in the early part (first two trimesters, or viability) of a pregnancy, in all 50 states.
McDonald v. Chicago (2010)
Incorporated the 2nd Amendment right to bear arms, as an individual right. The states, therefore, cannot eliminate the right. However, states can still regulate and support gun-safety measures.
Texas v. Johnson
A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.
Engel v. Vitale
The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.
Lemon v. Kurtzman
The Supreme Court decision that established that aid to church-related schools must (1) have a secular purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion.
Brown v. Board of Education (1954)
school segregation was inherently unconstitutional since it violated the 14th amend guarantee of equal protection
white primary
the practice of keeping black people from voting in the southern states' primaries through arbitrary use of registration requirements and intimidation