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Civil Liberties

Unit Six Chapter 14 by Ethan Frazier

Civil Liberties TermsCivil 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.
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