Understanding Civil Liberties Flashcards
What are civil liberties?
Legal and constitutional protections against government actions.
Where are civil liberties primarily found?
In the Bill of Rights, which consists of the first 10 amendments.
Are our freedoms absolute?
No, they can be limited when they infringe on the rights of others.
What was the original intent of the Bill of Rights?
To restrict only the federal government.
What is incorporation?
The process through the 14th Amendment that applies most protections in the Bill of Rights to state and local governments.
What was the key case regarding the original restriction of the Bill of Rights?
Barron v. Baltimore (1833) ruled that the Bill of Rights originally restricted only the federal government.
What does the Citizenship Clause of the 14th Amendment state?
All persons born or naturalized in the U.S. are citizens of both the state and the nation.
What does the Privileges or Immunities Clause prevent?
States from abridging the privileges and immunities of U.S. citizens.
What does the Due Process Clause ensure?
No state may deprive any person of life, liberty, or property without due process of law.
What is the Equal Protection Clause?
It requires states to provide equal protection under the law for all persons.
What notable case began the process of selective incorporation?
Gitlow v. New York (1925) ruled that states must respect certain First Amendment rights.
What does the Establishment Clause state?
Congress shall make no law respecting an establishment of religion.
What was the outcome of Engel v. Vitale (1962)?
It prohibited official school prayer, citing the need for separation of church and state.
What does the Free Exercise Clause protect?
The right to practice religion freely.
What limitation exists on the Free Exercise Clause?
Religious practices that conflict with important laws may be regulated.
What was the ruling in Wisconsin v. Yoder (1972)?
It exempted Amish children from compulsory high school beyond 8th grade.
What is the definition of freedom of the press?
The right to publish news and opinions without government censorship.
What is prior restraint?
A form of censorship where the government prevents material from being published.
What did Near v. Minnesota (1931) establish?
It limited the government’s ability to impose prior restraints.
What is the general principle regarding freedom of speech?
Speech is protected unless it causes a clear and present danger.
What did Schenck v. United States (1919) establish?
It allowed restrictions on speech during wartime.
What was the outcome of Tinker v. Des Moines (1969)?
It protected symbolic speech by students as long as it did not disrupt the educational process.
What does the term obscenity refer to?
Materials that appeal to prurient interests and lack serious value.
What case set the modern standard for obscenity?
Miller v. California (1973) established criteria based on community standards.
What is libel?
Written defamation.
What is slander?
Spoken defamation.
What did New York Times v. Sullivan (1964) establish?
Statements about public figures are libelous only if made with actual malice.
What does the Full Faith and Credit Clause require?
Each state to recognize the public acts, records, and judicial proceedings of all other states.
What is extradition?
A process where one state turns over an individual to another state for prosecution.
What does the Privileges and Immunities Clause guarantee?
Citizens of each state are entitled to the same privileges and immunities as citizens of other states.
First Amendment – Establishment Clause
Prohibits the government from establishing an official religion (separation of church and state).
First Amendment – Free Exercise Clause
Protects individuals’ right to practice their religion freely, as long as it does not violate laws
Barron v. Baltimore (1833)
Ruled that the Bill of Rights only applied to the federal government, not states.
Gitlow v. New York (1925)
First case to apply the Bill of Rights to states through the Fourteenth Amendment’s Due Process Clause (selective incorporation
Fourteenth Amendment – Due Process Clause
Prevents states from denying life, liberty, or property without due process of law.
Prior Restraint
Government action that prevents speech or publication before it occurs (usually unconstitutional).
Obscenity
Speech or material lacking serious literary, artistic, political, or scientific value; not protected by the First Amendment.
Libel
Written false statements that damage a person’s reputation.
Slander
Spoken false statements that damage a person’s reputation.
Symbolic Speech
Nonverbal expression, such as flag burning or wearing armbands, that is protected by the First Amendment.
Fighting Words
Speech that directly incites violence and is not protected under the First Amendment.
Due Process Amendments: 4th, 5th, 6th, 14th
4th Amendment – Protects against unreasonable searches and seizures.
5th Amendment – Protects against self-incrimination and double jeopardy; guarantees due process.
6th Amendment – Guarantees fair trial rights, including a speedy trial, legal counsel, and an impartial jury.
14th Amendment – Extends due process protections to the states
Probable Cause
Reasonable grounds for police to make an arrest or conduct a search
Unreasonable Search & Seizure
Searching property or seizing evidence without a warrant or probable cause, violating the Fourth Amendment.
Exclusionary Rule
Prevents evidence obtained illegally from being used in court (Mapp v. Ohio).
Self-Incrimination
The right to remain silent and not testify against oneself (protected by the 5th Amendment).
Plea Bargaining
An agreement where a defendant pleads guilty to a lesser charge to avoid a harsher sentence
8th Amendment – Cruel & Unusual Punishment
Prohibits torture, excessively harsh penalties, and inhumane treatment in the justice system
Right to Privacy
Implied by several amendments, protecting personal matters like birth control, abortion, and private communications (Griswold v. Connecticut, Roe v. Wade).
Selective Incorporation Doctrine
The process by which the Bill of Rights applies to states through the 14th Amendment’s Due Process Clause.
Clear and Present Danger
Speech can be limited if it presents an immediate danger (Schenck v. United States, 1919)
Texas v. Johnson (1989)
Supreme Court case that ruled flag burning is protected symbolic speech under the First Amendment.
Tinker v. Des Moines (1969)
Upheld students’ right to wear black armbands in protest of the Vietnam War as symbolic speech
U.S. v. Lopez (1995)
Ruled that Congress overstepped its power by using the Commerce Clause to ban guns in schools.
Mapp v. Ohio (1961)
Applied the Exclusionary Rule to the states, stating that illegally obtained evidence cannot be used in court.
Problems with the Articles of Confederation
Weak central government (no power to tax, regulate trade, or enforce laws).
No executive or judicial branch.
Unanimous vote required for amendments, making change difficult.
Factors Affecting Congressional Incumbency
Name recognition and media coverage.
Franking privilege (free mail to constituents).
Gerrymandering to create safe districts.
Casework & pork-barrel
spending to gain voter support.
Conservative / Liberal Ideologies (Spectrum
Conservatives: Favor limited government, free markets, and traditional social values.
Liberals: Favor government intervention in the economy and expanded civil rights protections.
Moderates: Hold a mix of conservative and liberal views
