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Unit Six Chapter 14 by Ethan Frazier

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Civil Liberties Terms
Civil Liberties Definitions
bills of attainder   legislative act that punishes an individual or group without judicial trial.  
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Bill of Rights   The first 10 amendments of the U.S. Constitution  
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Brandenberg. V. Ohio   speech would have to be judged as inciting unlawful action in order to be restricted.  
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capital punishment   issuance of death sentences to those convicted of major crimes  
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clear and present danger test   test to determine the standard to which a balance would be struck between national security and freedom of speech.  
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cruel and unusual punishment   punishment deemed cruel and unusual according to a concept from English law  
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due process clause of the 5th and 14th Amendments   No person can be deprived of life, liberty or property and everyone has the right to a fair trial.  
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eminent domain   power to claim private property for public use.  
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Engle v. Vitale   banned the use of a prayer written by the New York State Board of Regents.  
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equal protection clause   important basis of the modern civil rights movement  
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Espionage Act of 1917   forbid false statements intended to interfere with U.S. military forces or materials to be mailed if they violated the law or advocated resistance to the government.  
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establishment clause   prohibits the government from establishing an official church.  
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Everson v. Board of Education   declared busing religiously neutral, and that reimbursements were appropriate. It did declare states cannot support one religion over another.  
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ex post facto laws   laws that are banned because they affect the accused negatively.  
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exclusionary rule   evidence gathered illegally cannot be used in a trial.  
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First Amendment rights   right to freedom of religion, speech, press, petition, and assembly.  
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Fourteenth Amendment   protects violation of rights and liberties by the state governments.  
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Furman v. Georgia   Upheld the death penalty.  
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free exercise clause   does not allow any laws prohibiting the free exercise of religion.  
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Gitlow v. New York   Upheld 14th amendment by deciding that fundamental personal rights were protected from infringement by states.  
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Gideon V. Wainwright   Required states to provide a lawyer to anyone charged with a felony.  
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Griswold v. Connecticut   upheld right to privacy.  
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habeas corpus   requires cause to be introduced in the trial of a prisoner  
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imminent action   ruled in favor of Brandenburg in that speech would have to be judged as inciting imminent action in order to be restricted.  
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incorporation   Bill of Rights apply to states.  
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Mapp v. Ohio   Must have reasonable suspicion in order to undergo search and seizure, thus protecting the rights of the accused.  
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Miranda v. Arizona   Forbids self-incriminationand requires the Miranda Rights be read upon arrest.  
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Miranda Rights   to remain silent, to be warned that responses may be used in a court of law, and to have a lawyer present during questioning.  
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moment of silence   for meditation and/or voluntary prayer.  
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priveleges and immunities clause   upheld by 14th amendment under the citizenship clause.  
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right to counsel   right to a legal advisor (lawyer).  
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right to privacy   idea expressed in Griswold v. Connecticut  
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Roe v. Wade   upheld abortion as legal  
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Schenck v. U.S.   ruled any action suggested that is illegal is not protected under the 1st amendment.  
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Sedition Act of 1798   made it a crime to write, utter, or publish anti-government statements with the intent to defame.  
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Sedition Act of 1918   forbid anyone to write, print, or publish language intended to incite resistance to the US government.  
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Smith Act   punishment for advocation of the overthrow of the US government and punishment for membership in a group advocating the same thing.  
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symbolic speech   actions meant to convey a political message.  
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Texas v. Johnson   ruled flag desecration constitutional.  
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unreasonable search and seizure   guaranteed by 4th amendment.  
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wall of separation   separation of church and state.  
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