Civil Liberties Flashcards
Barron V. Baltimore
Decided that only the Federal government could be restrained by the bill of rights — state/local governments can infringe on rights
Gitlow V. New York
Decided that rights protected by the 14th amendment couldn’t be infringed upon by states
Due Process Clause
14th amendment clause guaranteeing citizens the right to life, liberty, and property
Incorporation Clause
The nationalization of a Bill of Rights value by the Supreme Court — the courts use 14th amendment to validate rights based on modern applications
Prior Restraint
Censorship action by the government attempting to stop the publishing of material — prohibited by 1st amendment
Libel
The publishing of false/defamatory statements that damage reputation
Symbolic Speech
Non-verbal speech like clothing, hair, or use of symbols
Commercial Speech
Speech communicated through public advertising and promotion
Probable Cause
A valid suspicion for search and seizure, decided by law enforcement
Unreasonable Searches and Seizures
Search and seizure done without probable cause or a search warrant — prohibited by 14th amendment
Exclusionary Rule
Legal rule that evidence obtained in unconstitutional ways cannot be used in trial
Self incrimination
When an alleged criminal voluntarily acts as a witness against themselves in court
Plea bargaining
Bargain made between the defendant’s and prosecutors lawyer for the defendant to get a shorter sentence if pleading guilty
Right to privacy
Right to privacy in one’s personal life that the government can’t intrude on
