Civil Liberties A
Communication in the form of advertising, which can be restricted more than many other types of speech:___________________________.
Commercial Speech
The constitutional amendment that protects the four great liberties: freedom of religion, of speech, of the press, and of assembly:_____________________.
First Amendment
The constitutional amendment adopted after the Civil War that declares “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States: nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”:________________.
14th Amendment
Obtaining evidence in an unlawful manner, a practice prohibited by the Fourth Amendment: _________________.
Unreasonable Search and Seizure
The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states or cities. Only covered the Federal Government.
1833 Barron v Baltimore
The 1973 Supreme Court decision holding that a Texas state ban on abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect a mother’s health in the second trimester, and permitted states to ban abortion during the third trimester.
Roe v. Wade
Nonverbal communication, such as burning a flag or weaving an armband. The Supreme Court has accorded some symbolic speech protection under the First Amendment:______________________.
Symbolic Speech
The constitutional and other legal protections against government actions. Our civil liberties are formally set down in the Bill of Rights :___________________.
Civil Liberties
Court sentences prohibited by the 8th Amendment::_________________.
Cruel and Unusual Punishment
Reasonable grounds for believing that a person is guilty of a crime:_____________________.
Probable Cause
A 1919 Supreme Court decision upholding the conviction of a socialist who had urged resistance to the draft during World War I. Justice Holmes declared that the government can limit speech if the speech provokes a “clear and present danger” of substantive evils.
Schenck v. United States
The 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed has a right to a lawyer. The decision requires the government to provide a lawyer to anyone so accused who is too poor to afford one.
Gideon v. Wainwright
The publication of false and malicious statements that may damage someone’s reputation
Libel
A First Amendment provision that prohibits the government from interfering with the practice of religion: ___________________.
Free Exercise Clause
A bargain struck between a defendant’s lawyer and a prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state’s promise not to prosecute the defendant for a more serious crime or for additional crimes: ______________.
Plea Bargaining or Plea Bargain
A written authorization from a court specifying the area to be searched and what the police may search for:______________________.
Search Warrant
A 2010 Supreme Court decision ruled that the Second Amendment to the U.S. Constitution, which guarantees “the right of the people to keep and bear Arms,” will be incorporated and restricts state and local governments as well as to the federal government from restricting this right.
McDonald v. Chicago
The 2008 supreme Court decision held that the Second Amendment guarantees an individual right to possess firearms independent of service in a state militia and to use firearms for traditionally lawful purposes, including self-defense within the home.
District of Columbia v. Heller
The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the 14th Amendment:______________________
Incorporation Doctrine
Part of the First Amendment stating that “Congress shall make no law respecting an establishment of religion.”: _______________________.
Establishment Clause
Being a witness against oneself: ________________________.
Self-incrimination
Communication in the form of advertising, which can be restricted more than many other types of speech:___________________________.
Commercial Speech
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.
Texas v. Johnson
The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, as “an extreme sanction, suitable to the most extreme of crimes.”
Gregg v. Georgia
Part of the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the U.S. or state governments without a process taking place:___________________________.
Due Process
Due Process Clause
Government actions that prevent material from being published. As confirmed in Near v. Minnesota, prior restraint is usually prohibited by the first Amendment:_______________________.
Prior Restraint
The rule that evidence cannot be introduced into a trial if it was not obtained in a constitutional manner. The rule prohibits use of evidence obtained through unreasonable search and seizure: _____________________.
Exclusionary rule
The right to a private personal life free from the intrusion from government
Right to privacy
The 1966 Supreme Court decision that set guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel (lawyer).
Miranda v. Arizona
The 1925 Supreme Court decision holding that freedom of speech and the press are fundamental personal rights and liberties protected by the due process clause of the 14th Amendment by impairment from the states as well as the federal government.
Gitlow v. New York
AKA: How Incorporation got started