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Unit 3: Chapter 7
Civil Liberties Vocab
| Term | Definition |
|---|---|
| Civil Liberties | Personal freedoms protected from arbitrary government interference |
| Clear and Present Danger Test | Balancing act between competing demands of free expression and a government needing to protect a free society. |
| Compelling governmental interest | A purpose important enough to justify the infringement of personal liberties. |
| Establishment clause | Federal government constitutionally are prevented from establishing a national religion. |
| Fifth Amendment | "Due process" means that nobody shall be deprived of life, liberty, or property without just compensation |
| Fourteenth Amendment | This amendment strengthened due process clause, as it made all laws equally applied. |
| Free Exercise Clause | Prevents the government from stopping religious practices. |
| Libel | False statements in print that defame someone, hurting their reputation. |
| Obscene Speech | Some language and images are so offensive to the average citizen that governments ban them. |
| Prior Restraint | The right to stop spoken or printed expression in advance. |
| Public Interest | The welfare or well-being of the general public |
| Selective Incorporation | Supreme Court has ruled in landmark cases that state laws must also adhere to selective Bill of Rights provisions through the 14th amendment's due process clause |
| Symbolic Speech | Symbolic speech consists of nonverbal, non-written forms of communication, such as flag burning, wearing arm bands, and burning of draft cards. |
| Wall of Separation | Division between the church and state. |
| Engel v. Vitale | Prayer in schools does violate the establishment clause of the 1st amendment |
| Lemon v. Kurtzman | Public funding of non-nonreligious subjects in private school was a violation of the establishment clause in the 1st amendment. |
| McDonald v. Chicago | The 2nd amendment applies to states through the commerce clause and selective incorporation |
| Miller v. California | Obscene material is not constitutionally protected. |
| New York Times v. United States | To win a libel suit, the suing party must prove that the offending writer either knowingly lied or presented info with a reckless disregard for the truth, that the writer did so with malicious intent to defame and that actual damages were sustained. |
| Schenck v. United States | Established limits on free speech during wartime. |
| Tinker v. Des Moines Independent Schools | Banning the wearing of armbands is a a violation of 1st amendments rights, as it is a form of symbolic speech. |
| Wisconsin v. Yoder | Requiring Amish children to attend high school violated the basic tenets of the Amish faith because it forced children into unwanted environments. |
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jbushon1
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