Unit 3 - Civil Liberties and Civil Rights Flashcards
(32 cards)
What is the Bill of Rights?
The first ten amendments to the U.S. Constitution, guaranteeing individual rights and protections from government overreach.
What are Civil Liberties?
Fundamental rights and freedoms protected from government interference (e.g., speech, religion).
What does the Establishment Clause prohibit?
It prohibits the government from establishing an official religion or favoring one religion over another.
What does the Free Exercise Clause protect?
It protects individuals’ rights to practice their religion freely, as long as it doesn’t violate public morals or a compelling government interest.
What is Symbolic Speech?
Nonverbal expression (e.g., wearing armbands, burning flags) protected under the First Amendment.
What are Limits on Speech?
Restrictions that are content-neutral and regulate when, where, and how expression can occur.
What are Defamatory, Offensive, and Obscene Gestures?
Categories of speech that may be restricted; defamatory speech harms reputations with false claims, obscenity lacks serious value and violates community standards.
What is the ‘Clear and Present Danger’ doctrine?
Doctrine that speech can be limited if it poses a clear and immediate threat (e.g., inciting violence).
What is Prior Restraint?
Government action that prohibits speech or publication before it occurs; generally presumed unconstitutional.
What does the Second Amendment protect?
It protects the right to keep and bear arms, interpreted differently over time with debates over individual vs. militia rights.
What does the Eighth Amendment prohibit?
It prohibits excessive bail, fines, and cruel and unusual punishment.
What is Selective Incorporation?
Process through which the Supreme Court applies portions of the Bill of Rights to the states via the Fourteenth Amendment.
What does the Due Process Clause of the Fourteenth Amendment guarantee?
It guarantees that states will not deprive any person of life, liberty, or property without due process.
What is the Miranda Rule?
Requirement that police inform suspects of their rights (e.g., to remain silent, to an attorney) when in custody.
What was established in Miranda v. Arizona (1966)?
It established the Miranda warnings.
What is the Public Safety Exception?
An exception to the Miranda Rule when public safety is at risk.
What is the Right to Legal Counsel?
Sixth Amendment guarantee of an attorney in criminal prosecutions.
What is the Right to Speedy and Public Trial?
Sixth Amendment right to be tried promptly and openly.
What is the Right to Impartial Jury?
Sixth Amendment right to a jury that is unbiased.
What does the Fourth Amendment protect against?
Protection Against Warrantless Searches unless there is probable cause or consent.
What is the Exclusionary Rule?
Prohibits use of illegally obtained evidence in court.
What does the Ninth Amendment recognize?
It recognizes that people have rights beyond those listed in the Constitution.
What is the Equal Protection Clause of the Fourteenth Amendment?
Requires states to treat all individuals equally under the law.
What are Civil Rights?
Protections from discrimination based on characteristics like race, gender, etc.
