Chapter 5 vocab Flashcards
Civil Liberties
Constitutional freedoms guaranteed to all citizens
civil rights
Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals.
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed due process and equal protection of the laws
Due Process Clause
14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination
selective incorporation
The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.
Gitlow v. New York
established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment
Establishment Clause
Clause in the First Amendment that says the government may not set up or endorse an official religion.
Free Exercise Clause
the First Amendment guarantee that citizens may engage in the religious activities of their choice
Wisconsin v. Yoder
individual’s interests in the free exercise of religion under the First Amendment outweighed the State’s interests in compelling school attendance beyond the eighth grade.
Oregon v. Smith
Banned the use of illegal drugs in religious ceremonies. Ruled that the government can act when religious practices violate criminal laws.
Engel v. Vitale
The state cannot hold prayers in public schools, even if it is non-denominational or participation is not required.
Lemon Test (Lemon v. Kurtzman)
used for deciding whether the government is improperly involved with religion. 1) Has a secular purpose. 2) Its primary effect neither advances nor inhibits religion. 3) It does not foster an excessive government entanglement with religion.
Schenck v. United States
congress has wartime authority; established “clear and present danger” principle that can limit free speech
Tinker v. Des Moines
Students have the right to symbolic speech at school as long as it is not disruptive
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 First Amendment.
McDonald v. Chicago
The right of an individual to “keep and bear arms” protected by the 2nd Amendment is incorporated by the 14th Amendment and applies to the states.
Defamation
Act of harming or ruining another’s reputation
Libel
A written defamation of a person’s character, reputation, business, or property rights.
New York Times v. US
Supreme Court case protecting the freedom of the press by allowing the New York Times to publish the “Pentagon Papers” despite the Justice Department’s order to restrict it
New York Times v. Sullivan
1964; established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ “actual malice” and reckless disregard for the truth
4th Amendment
Freedom from unreasonable searches and seizures
exclusionary rule
improperly gathered evidence may not be introduced in a criminal trial
Mapp v. Ohio
Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)
Gideon v. Wainwright
Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.
Miranda v. Arizona
Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.
