8. Civil Liberties Flashcards
civil liberties
Freedoms guaranteed to indi- viduals taking the form of restraint on government.
civil rights
Powers or privileges guaran- teed to individuals and pro- tected from arbitrary removal at the hands of government or individuals.
establishment clause
The first clause in the First Amendment, which forbids government establishment of religion.
free-exercise clause
The second clause in the First Amendment, which pre- vents the government from interfering with the exercise of religion.
free-expression clauses
The press and speech clauses of the First Amendment.
clear and present danger test
A means by which the Supreme Court has distin- guished between speech as the advocacy of ideas, which is protected by the First Amendment, and speech as incitement, which is not protected.
fighting words
Speech that is not protected by the First Amendment because it inflicts injury or tends to incite an immediate disturbance of the peace.
public figures
People who assume roles of prominence in society or thrust themselves to the forefront of public controversy.
Miranda warnings
Statements concerning rights that police are required to make to a person before he or she is subjected to in- custody questioning.
exclusionary rule
The judicial rule that states that evidence obtained in an illegal search and seizure cannot be used in trial.
good faith exception
An exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mis- takenly issued search warrant can be introduced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the time to believe that the warrant was proper.
Ninth Amendment/personal autonomy
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Griswold v. Connecticut
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Roe v. Wade
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The USA-PATRIOT Act
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