- Civil liberties: the personal guarantee and freedoms that the G cannot abridge by law, constitution, or judicial interpretation- Civil rights: The G-protected rights of individuals against or discriminatory treatment by G or individuals- Bill of Rights: The 1stten amendments to the US Constitution, which largely guarantee specific rights and liberties.- Ninth Amendment: Part of the Bill of Rights that makes it clear that enumerating rights in the Constitution or Bill of Rights does not mean others do not exist- Tenth Amendment: The final part of the Bill of Rights that defines the basic principle of American federalism in stating that the powers not delegates are reserved to the states or to the ppl- Due process clause: Clause contained in the Fifth and Fourteenth Amendments; over the years, it has been construed to guarantee a variety of rights to individuals- Substantive due process: Judicial interpretation of the Fifth and Fourteen Amendments’ due process clauses that protects citizens from arbitrary or unjust state or federal laws.- Fundamental freedoms: those rights defined by the Court as essential to order, liberty, and justice and therefore entitled to the highest standard of review.- First Amendment: part of the Bill of Right that imposes a number of restriction on the federal G with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition- Establishment clause: The 1stclause of the 1 Amendment; it directs the nation G notto sanction on official religion- Free exercise clause: the 2ndclause of the 1stAmendment; it prohibits the US G frominterfering with a citizens’ right to practice his or her religionLemon test: Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues-Prior restraint: Constitutional doctrine that prevents the G from prohibiting speech or publican before the fact; generally held to be in violation of the 1stAmendment-- Clear and present danger test: test articulated by the Supreme Court in Scheck v. US (1919) to draw the line between protected and unprotected speech; the Court looks to see “whether the words used” could “create a clear and present danger that they will bring about substantive evil” that Congress seeks “to prevent”-Direct incitement test: test articulated by the Supreme Court in Brandenburg v. Ohio (1969) holding that the 1stAmendment protects advocacy of illegal action unless imminent lawless action is indented and likely to occur-Symbolic speech: symbols, signs, and other methods of expression generally considered to be protected by the 1stAmendment.-Hate speech: any communication that belittle a person or group on the basic of characteristics-Libel: false written statement that defames a person’s character-Slander: untrue spoken statement that defame that character of a person
-New york Time Co. v. Sullivan (1964): case in which the Supreme Court concluded that “actual malice” must be proven to support a finding of libel against a public figure.
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- Spring '16
- Government, Supreme Courts