Unit 3: Foundations of Civil Liberties and Constitutional Protections

Bill of Rights

The first 10 amendments to the Constitution that enumerate individual freedoms.

Civil Liberties

Constitutionally established guarantees that protect citizens against government interference.

Civil Rights

Protected rights of individuals against discriminatory treatment by governments or individuals.

Establishment Clause

Prevents the government from establishing a state religion or prioritizing one religion.

Free Exercise Clause

Protects the right of individuals to practice their religion as they please.

Symbolic Speech

Nonverbal actions that convey a political message.

Defamation

False statements that damage reputation, can be libel (written) or slander (spoken).

Obscenity

Offensive sexual material that lacks serious literary, artistic, political, or scientific value.

Clear and Present Danger

Speech that poses an immediate threat to national security or public safety.

Prior Restraint

Government censorship of material before it is published.

Selective Incorporation

The legal doctrine that nationalizes the Bill of Rights to apply to the states.

Due Process Clause

Part of the 14th Amendment used to apply most of the Bill of Rights to the states.

Fourth Amendment

Protects against unreasonable searches and seizures.

Exclusionary Rule

Evidence obtained illegally cannot be used in court.

Miranda Warning

Police must inform suspects of their rights upon arrest.

Double Jeopardy

Cannot be tried twice for the same crime.

Right to Counsel

Guaranteed right to an attorney for poor defendants in state felony cases.

Eighth Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishment.

Substantive Due Process

Protects fundamental rights from government interference.

Procedural Due Process

The government must follow correct procedures before taking away life, liberty, or property.

Engel v. Vitale (1962)

Court ruled that school-sponsored prayer violates the Establishment Clause.

Wisconsin v. Yoder (1972)

Court ruled compelling Amish students to attend school violates the Free Exercise Clause.

Tinker v. Des Moines (1969)

Court ruled that students wearing armbands to protest were exercising protected symbolic speech.

Schenck v. United States (1919)

Established the 'Clear and Present Danger' test regarding speech.

New York Times Co. v. United States (1971)

Court ruled against prior restraint, fortifying freedom of the press.

D.C. v. Heller (2008)

Established an individual's right to possess a firearm unconnected with service in a militia.

McDonald v. Chicago (2010)

Ruled that the right to keep and bear arms for self-defense is applicable to the states through the Due Process Clause.