All Flashcards
What are civil liberties?
Basic rights and freedoms guaranteed by the Constitution, protecting individuals from government interference.
Define the Bill of Rights.
The first ten amendments to the Constitution, ratified in 1791, protecting individual liberties.
What is symbolic speech?
Nonverbal actions that express a political or social message.
What is 'clear and present danger'?
A doctrine allowing the government to restrict speech that poses an immediate threat to public safety.
Define 'double jeopardy'.
Being tried twice for the same crime, prohibited by the Fifth Amendment.
What is 'due process of law'?
Fair treatment through the normal judicial system, guaranteed by the Fifth and Fourteenth Amendments.
Define 'self-incrimination'.
The act of exposing oneself to prosecution, prohibited by the Fifth Amendment.
What is 'probable cause'?
Reasonable grounds for making a search, seizure, or arrest.
Define 'judicial review'.
The power of the judiciary to declare laws unconstitutional.
What is the exclusionary rule?
A rule preventing illegally obtained evidence from being used in a trial.
What was the significance of Tinker v. Des Moines?
Students have free speech rights in schools as long as it doesn't cause substantial disruption.
What was the significance of Engel v. Vitale?
School-sponsored prayer is unconstitutional.
What was the significance of New York Times v. US?
Established a high bar for prior restraint, protecting freedom of the press.
What was the significance of Schenck v. United States?
Speech can be restricted if it presents a “clear and present danger”.
What was the significance of Marbury v. Madison?
Established the principle of judicial review.
What is the difference between civil liberties and civil rights?
Civil liberties: protections from the government. Civil rights: protections by the government against discrimination.