Civil Rights and Civil Liberties Vocab (Unit 3) Flashcards
Civil Liberties
Constitutional protections against infringement by the government
Civil Rights
Policies that protect people from arbitrary or discriminatory treatment by the government; ensures equal protection of the laws
Due Process Clause
14th amendment clause that protects individuals from infringements by the government and has been used to incorporate civil liberties to the states
Equal Protection Clause
14th amendment clause that declares states cannot unreasonably discriminate against individuals; has been used to incorporate civil rights
Selective Incorporation
The process of gradually applying the Bill of Rights to the states
Prior restraint
Censorship of a publication before it is printed; typically not allowed under the law
Clear-and-present danger test
This standard, set forth in Schenck v. U.S., declares that speech is not covered by the 1st amendment if it poses a public threat
Libel
Written expression that is both false and malicious
Slander
Spoken expression that is both false and malicious
Symbolic speech
Expressing a political message through an action
Free Exercise Clause
First Amendment requirement that allows people to practice whatever religion they choose
Establishment Clause
First amendment provision that declares the government may not declare a national religion or give preference to one religion over the other.
Miranda Rule
Policy that police officers must inform all suspects of their rights before questioning.
Exclusionary rule
This standard states that evidence gained without a proper warrant may not be used in a criminal trial
Double Jeopardy
This provision states that an individual may not be tried for the same crime twice
Search Warrant
A court order signed by a judge that authorizes law enforcement to conduct a search of a person, property, or location
Probable Cause
Reasonable foundation for issuing a search warrant or making an arrest; more than mere suspicion
Separate-but-equal Doctrine
Doctrine established in Plessy v. Ferguson that segregated facilities may be established for different races and still be considered equal
De jure Segregation
Racial segregation enforced by law
De facto segregation
Racial segregation that occurs not as a result of the law, but as a result of residential patterns and customs
Civil Disobedience
Opposing a law considered unjust by peacefully disregarding it and accepting the resulting punishment
Affirmative Action
Positive steps taken by the government to increase minority participation in some institutions by appointing or giving preference to more minority-group members
Civil Rights Act of 1964
Law that prohibited segregation in public accommodations and banned employment discrimination on the basis of race, color, sex, religion, or national origin
Voting Rights act of 1965
Law that aimed to limit voting barriers for African Americans, most notably the use of discriminatory literacy tests
Title IX
Law that was passed as part of the Education Amendments of 1972 that prohibited sex-based discrimination in any educational program or activity receiving federal funding
1st Amendment
This constitutional provision protects an individual’s right to free speech, press, religion, assembly, and petition
2nd Amendment
This constitutional provision protects an individual’s right to bear arms
4th Amendment
This constitutional provision protects an individual’s right against unreasonable searches and seizures
5th Amendment
This constitutional provision protects individuals from incriminating themselves or facing double jeopardy, among other protections regarding legal proceedings
6th Amendment
This constitutional provision guarantees the right to a speedy and public trial, the right to counsel, and the right to confront and present witnesses, among other legal protections
8th Amendment
This constitutional provision protects an individual from cruel and unusual punishment and excessive bail or fines
14th Amendment
This constitutional provision provides a guarantee of citizenship, as well as equal protection and due process, which have been the sources of incorporation for key protections in the Bill of Rights
