Civil Liberties Vocabulary
A type of speech that is NOT protected; it has been clarified to mean anything that lacks artistic merit and is patently offensive. :___________________.
What is OBSCENITY
The publication of false and malicious statements that may damage someone’s reputation
Libel
The first ten amendments of the Constitution that provide specific freedoms to citizens and limit the power of the government
Bill of Rights
The right to bear arms is protected by this amendment: _________________.
Second Amendment
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
A 1985 Supreme Court case held that a school administrator could seize and search a student's purse for contraband.
New Jersey v. T.L.O
The constitutional amendment that protects the following liberties: freedom of religion, of speech, of the press, of assembly and of petition:_____________________.
Nonverbal communication, such as burning a flag or weaving an armband. The Supreme Court has accorded some protection of it under the First Amendment:______________________.
Symbolic Speech
The constitutional and other legal protections against government actions. Most are listed in the Bill of Rights. :___________________.
Civil Liberties
These types of court sentences or punishments are 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
What protections does the 3rd Amendment provide?
It prevents the federal government from quartering soldiers in the home of any person without consent during peacetime or, during wartime, in a manner not authorized by law.
A type of law that takes effect retroactively: _____________.
Ex post facto law
A First Amendment clause that prohibits the government from interfering with the practice of religion: ___________________.
Free Exercise Clause
Fifth Amendment protection that requires a group of citizens hear evidence BEFORE trial to deem if there is enough to indict a person accused of a serious crime.
Grand Jury
A written authorization from a court specifying the area to be searched and what the police may search for:______________________.
Search Warrant
A 1971 Supreme Court case that provides a three-pronged test for deciding how states may or may not fund religious schools.
Lemon v. Kurtzman
The Supreme Court decision that held Amish children are not required to attend public school after age 16 due to religious beliefs.
Wisconsin v. Yoder
What protections are provided under the 6th Amendment?
a speedy trial
a public trial
an impartial jury
a jury from the state where the alleged offense occurred
the right to receive notice of accusations
the right to confront witnesses & right to cross examination
the right to compel witnesses to testify
the right to the assistance of counsel; public defenders represent many persons during criminal prosecution if they are unable to pay for defense
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:______________________
Selective Incorporation (Incorporation)
Clause in the First Amendment that prevents government from requiring citizens to follow a religion: _______________________.
Establishment Clause
Being a witness against oneself; you have the right to remain silent to avoid it ________________________.
Freedom from Self-incrimination
The due process clause is repeated in which 2 Amendments?
5th Amendment and 14th Amendment
SCOTUS ruling that allowed students to wear black armbands to protest the Vietnam War at public high school as protected expression.
Tinker v. Des Moines
A 1986 Supreme Court case held that school officials have the right to limit student speech and reversed Tinker.
Bethel v. Fraser
This amendment states that powers not delegated to the federal government by the Constitution, nor prohibited to the states, are reserved to the states or to the people.
10th Amendment
Clause in the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the U.S. or state governments; it is the basis of civil liberties protections applying to states:___________________________.
Due Process Clause
Government actions that prevent material from being published. As confirmed in Near v. Minnesota and NY Times v. Sullivan.
Prior Restraint
Automobile & cell phones = gray areas (including the method of accessing the phone)
Owner/renter gives consent to search/seizure
Plainview or “Open Fields”
Exigent circumstances (reasonable expectation that evidence may be destroyed or tampered with before a warrant can be issued)
School (“reasonable suspicion”)
The right to a private personal life free from the intrusion from government; implied by the 4th, 5th and 9th Amendments
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
A 2022 Supreme Court case held that school officials do not have the right to intervene on students' social media content unless there is a direct threat to the district, students, or teachers.
Mahanoy v. B.L.
The constitutional amendment adopted after the Civil War that declares “No State shall 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