Government Vocab (Chapter 4-Civil Liberties)

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 1st amendment.

Planned Parenthood v. Casey

A 1992 case in which the Supreme Court loosened its standard for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints on a "fundamental right" to one of "undue burden" that permits considerably more regulation.

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of the law.

clear and presant danger test

A doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press or assembly. Established by Justice Oliver Wendell Holmes, Jr. in the unanimous opinion for the case Schenck v. United States, concerning the ability of the government to regulate speech against the draft during World War I.

Griswold v. Connecticut

A landmark case in which the Supreme Court of the United States ruled that the Constitution protected a right to privacy. The case involved a Connecticut law that prohibited the use of contraceptives. By a vote of 7-2, the Supreme Court invalidated the law on the grounds that it violated the "right to marital privacy".

direct incitement test

A test articulated by the Supreme Court in Brandenberg v. Ohio (1969) that holds that advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur.

search warrant

A written authorization from a court specifying the are to be searched and what the police are searching for.

prior restraint

Censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional.

commercial speech

Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection for the Supreme Court.

free exercise clause

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

substantive due process

Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

procedural due process

Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

New York Times v. Sullivan

Decided in 1964, this case established the guidelines for determining whether public officials and other public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made with "actual malice" and reckless regard for the truth.

slander

Defamation by oral utterance rather than by writing, pictures, etc.

selective incorporation

In the 1940s and 1960s the Supreme Court gradually issued a series of decisions incorporating several of the specific rights from the Bill of Rights, so as to be binding upon the States. Most people did not support the opposite of this: total incorporation.

symbolic speech

Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court says that this is protected by the 1st amendment.

unreasonable searches and seizures

Obtaining evidence in a haphazard or random manner, a practice prohibited by the 4th amendment. Probable cause and/or a search warrant are required for a legal and proper search and seizure.

due process clause:

Part of the 14th amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the U.S. or state governments without due process of law.

double jeopardy

Putting someone on trial for a crime of which he or she was previously acquitted

Barron v. Baltimore

The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.

Gitlow v. N.Y.

The 1925 Supreme Court decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the 14th amendment from impairment by the states" as well as by the federal government.

Mapp v. Ohio

The 1961 Supreme Court decision ruling that the 4th amendment's protection against unreasonable searches/seizures must be extended to the states.

Gideon v. Wainright

The 1963 Supreme Court case the clarified the sixth amendment (the right to counsel) by saying that a person had the right to counsel in all felony cases.

Miranda v. Az.

The 1966 Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel.

Lemon v. Kurzman ("Lemon Test")

The 1971 Supreme Court decision that established that aid to church-related schools must 1) have a secular and legislative purpose; 2) have a primary effect that neither advances nor inhibits religion; and 3) not foster excessive government entanglement with religion.

Roe v. Wade

The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to ban abortion during the third trimester.

Warren Court

The Supreme Court of the United States between 1953 and 1969, when Earl Warren served as Chief Justice. Warren led a liberal majority that used judicial power in dramatic fashion, to the consternation of conservative opponents. They expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways.

Fourteenth 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 U.S.; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws."

First Amendment

The constitutional amendment that establishes the first 4 great liberties: freedom of the press, of speech, or religion, and of assembly.

separation of church and state:

The distance in the relationship between organized religion and the nation state.

Bill of Rights

The first 10 amendments to the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and press and guarantee defendants' rights.

freedom of assembly

The individual right to come together and collectively express, promote, pursue and defend common interests.

incorporation doctrine

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.

civil liberties

The legal constitutional protections against government. Formally set down in the Bill of Rights but the courts, police, and legislatures define their meaning.

libel

The publication of false or malicious statements that damage someone's reputation.

freedom of speech

The right of people to express their opinions publicly without governmental interference, subject to the laws against libel, incitement to violence/rebellion, etc.

right to privacy

The right to a private personal life free from the intrusion of government.

exclusionary rule

The rule that evidence cannot be introduced into a trial if it was not constitutionally obtained.

writ of habeas corpus

The rule that states that a person must be brought before a judge and told of their alleged crime in order to avoid illegal imprisonment.

self-incrimination

The situation occurring when an individual accused of a crime is compelled to be a witness against him/herself in court.

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.

Eighth Amendment

This amendment states that "excessive bail shall not be required, nor excessive fines..., nor cruel and unusual punishment..." This amendment applies to the states through the 14th amendment.

Sixth Amendment

This constitutional amendment states the rights of a person during a criminal prosecution; the right to a speedy and public trial, the right to an impartial jury, the right to be informed of the charges against them, the right to have the trial in the correct jurisdiction, the right to confront those accusing him, and the right to counsel.

establishment clause

Together with the Free Exercise Clause it makes up what is called the "religion clause" of the First Amendment. This clause has generally been interpreted to prohibit 1) the establishment of a national religion by Congress, or 2) the preference by the U.S. government of one religion over another.