Unit 3 Flashcards
Civil Liberties
the state of being subject only to laws established for the good of the community, especially with regard to freedom of action and speech.
Civil Rights
Civil and political rights are a class of rights that protect individuals’ freedom from infringement by governments, social organizations, and private individuals. They ensure one’s entitlement to participate in the civil and political life of society and the state.
Symbolic Speech
Symbolic speech is a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it.
Protected Speech
The First Amendment also protects expression that is written and expression that is typed and published. It protects symbolic speech or expressive conduct (like burning a flag), and it protects speech plus conduct (like peaceably assembling to engage in protests and boycotts).
Defamatory Speech
Defamation occurs if you make a false statement of fact about someone else that harms that person’s reputation. Such speech is not protected by the First Amendment and could result in criminal and civil liability.
Selective Incorporation
Selective incorporation refers to the choice of the U.S. Supreme Court to apply rights and freedoms to states as outlined in the Bill of Rights. The process is considered “selective incorporation” because these rights are applied one at a time rather than all at once.
Due Process
The Fourteenth Amendment’s Due Process Clause guarantees procedural due process, meaning that government actors must follow certain procedures before they may deprive a person of a protected life, liberty, or property interest.
Equal Protection
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides “nor shall any State … deny to any person within its jurisdiction the equal protection of the laws.”
Exclusionary Rule
Miranda Rule
Establishment Clause
Free Exercise Clause
Prior Restraint
Rights of the Accused