Chapter 2 Flashcards
Bill of Rights
The first ten amendments of the US constitution.
First Amendment
Freedom of religion, speech, and press.
Fourth Amendment
Prohibits unreasonable searches and seizures of persons or property.
Fifth Amendment
Guarantees the right to indictment (formal accusation) by a grand jury.
Symbolic speech
Nonverbal conduct that expresses opinions or thoughts about a subject.
The ultimate defense.
Truth
Restrictions of freedom of speech include
Fighting words, defamation, and speech that violates criminal laws.
Establishment Clause
Prohibits Congress from creating any law respecting an establishment of religion.
Free Exercise Clause
Prohibits Congress from creating any law prohibiting the free exercise of religion.
Search warrant
Order granted by a public authority that authorizes law enforcement personnel to search.
- Before searching or seizing, law enforcement must obtain a search warrant
Probable Cause
Reasonable grounds for believing that a search should be conducted or that a person should be arrested.
Due Process Clause
Provisions of fifth and fourteenth amendments guarantees that no person should be deprived of life, liberty, or property without due process of law.
Procedural Due Process
The government must give a person proper notice and an opportunity to be heard.
Substantive Due Process
Limits what the government may do in its legislative and executive capacities.
Fundamental rights include
- Interstate travel
- Privacy
- Voting
- Marriage and Family
- All First Amendment rights
Freedom of Information Act
Individuals have the right to obtain access to information about them collected in government files.
Electronic Communications Privacy Act
Prohibits the interception of information communicated by electronic means.
Health Insurance Portability and Accountability Act
Requires health-care providers/plans to inform patients of their privacy rights; medical records may not be used for purposes unrelated to healthcare.
The USA Patriot Act gives government officials increased authority to
- Monitor internet activities
- Gain access to personal financial information
- Track phone/email communications.
