| Civil Liberties Terms |
Civil Liberties Definitions |
| bills of attainder | legislative act that punishes an individual or group without judicial trial. |
| Bill of Rights | The first 10 amendments of the U.S. Constitution |
| Brandenberg. V. Ohio | speech would have to be judged as inciting unlawful action in order to be restricted. |
| capital punishment | issuance of death sentences to those convicted of major crimes |
| clear and present danger test | test to determine the standard to which a balance would be struck between national security and freedom of speech. |
| cruel and unusual punishment | punishment deemed cruel and unusual according to a concept from English law |
| 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. |
| eminent domain | power to claim private property for public use. |
| Engle v. Vitale | banned the use of a prayer written by the New York State Board of Regents. |
| equal protection clause | important basis of the modern civil rights movement |
| 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. |
| establishment clause | prohibits the government from establishing an official church. |
| Everson v. Board of Education | declared busing religiously neutral, and that reimbursements were appropriate. It did declare states cannot support one religion over another. |
| ex post facto laws | laws that are banned because they affect the accused negatively. |
| exclusionary rule | evidence gathered illegally cannot be used in a trial. |
| First Amendment rights | right to freedom of religion, speech, press, petition, and assembly. |
| Fourteenth Amendment | protects violation of rights and liberties by the state governments. |
| Furman v. Georgia | Upheld the death penalty. |
| free exercise clause | does not allow any laws prohibiting the free exercise of religion. |
| Gitlow v. New York | Upheld 14th amendment by deciding that fundamental personal rights were protected from infringement by states. |
| Gideon V. Wainwright | Required states to provide a lawyer to anyone charged with a felony. |
| Griswold v. Connecticut | upheld right to privacy. |
| habeas corpus | requires cause to be introduced in the trial of a prisoner |
| imminent action | ruled in favor of Brandenburg in that speech would have to be judged as inciting imminent action in order to be restricted. |
| incorporation | Bill of Rights apply to states. |
| Mapp v. Ohio | Must have reasonable suspicion in order to undergo search and seizure, thus protecting the rights of the accused. |
| Miranda v. Arizona | Forbids self-incriminationand requires the Miranda Rights be read upon arrest. |
| 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. |
| moment of silence | for meditation and/or voluntary prayer. |
| priveleges and immunities clause | upheld by 14th amendment under the citizenship clause. |
| right to counsel | right to a legal advisor (lawyer). |
| right to privacy | idea expressed in Griswold v. Connecticut |
| Roe v. Wade | upheld abortion as legal |
| Schenck v. U.S. | ruled any action suggested that is illegal is not protected under the 1st amendment. |
| Sedition Act of 1798 | made it a crime to write, utter, or publish anti-government statements with the intent to defame. |
| Sedition Act of 1918 | forbid anyone to write, print, or publish language intended to incite resistance to the US government. |
| Smith Act | punishment for advocation of the overthrow of the US government and punishment for membership in a group advocating the same thing. |
| symbolic speech | actions meant to convey a political message. |
| Texas v. Johnson | ruled flag desecration constitutional. |
| unreasonable search and seizure | guaranteed by 4th amendment. |
| wall of separation | separation of church and state. |
