Civil Rights and Civil Liberties Flashcards
Civil Rights
Protections from discrimination as a member of a particular group
Civil Liberties
fundamental rights and freedoms protected from infringement by the government
Habeas Corpus
A document setting out reasons for an arrest or detention
Ex Post Facto Laws
Laws criminalizing conduct that was legal at the time it occurred
Bills of Attainder
a law passed by Congress punishing an individual without a trial
Due Process Clause
The clause in the fourteenth amendment that restricts state governments from denying citizens their life, liberty, or property without legal safeguards
Selective Incorporation
The piecemeal process through which the Supreme Court has affirmed that almost all of the protections within the Bill of Rights also apply to state governments
Establishment Clause
First Amendment Protection against the government requiring citizens to join or support a religion
Free Exercise Clause
First Amendment protection of the rights of individuals to exercise and express their religious beliefs
Prior Restraint
The suppression of material prior to publication on the grounds that it might endanger national security
Clear and Present Danger Test
Legal standard that speech posing an immediate and serious threat to national security
Libel
An untrue written statement that injures a person’s reputation
Obscenity
Words, images, or videos that depict sexual activity in an offensive manner and that lack any artistic merit
Lemon Test
A test determining if a government action violates the Establishment Clause of the constitution, cannot lack a secular purpose, its primary effect cannot promote or inhibit religion, and it cannot foster an excessive entanglement of government with religion.
Symbolic Speech
Protected expression in the form of images, signs, and other symbols