Chapter 4 - Civil Liberties and Public Policy Flashcards
Th first ten amendments to the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and press guarantee defendants’ rights
The Bill of Rights
Individual legal and constitutional protections against government
Civil liberties
The constitutional amendment that establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly
The First Amendment
The constitutional amendment adopted after the civil war that states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Fourteenth Amendment
The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment
Incorporation doctrine
Part of the First Amendment stating that “Congress shall make no law respecting an establishment of religion”
Establishment clause
A First Amendment provision that prohibits government from interfering with the practice of religion
Free exercise clause
A government’s actions in preventing material from being published. It is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States
Prior restraint
The publication of false or malicious statements that damage someone’s reputation
Libel
Nonverbal communication, such as burning a flag or wearing an armband. Actions that do not consist of speaking or writing but express an opinion
Symbolic speech
Communication in the form of advertising. It can be restricted more that many other types of speech but has been receiving increased protection from the Supreme Court
Commercial speech
Reasonable grounds to believe that someone is guilty of a crime
Probable cause
Obtaining evidence in a haphazard or random manner, a practice prohibited by the Fourth Amendment
Unreasonable searches and seizures
A written authorization from a court specifying the area to be searched and what the police are searching for
Search warrant
The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained. Cannot introduce illegally seized evidence in court
Exclusionary rule
