Final Vocab - Chapter 4 Civil Liberties and Public Policy...

Chapter 4: Civil Liberties and Public Policy
Civil Liberties: The Constitutional and other legal protections against government actions . Our
civil liberties are formally set down in the Bill of Rights.
Bill of Rights: The first 10 amendments to the US Constitution, which define such basic liberties
as freedom of religion, speech, and the press, and they guarantee defendants’ rights.
1st Amendment: The constitutional amendment that protects the four great liberties: freedom of
religion, of speech, of press, and of assembly.
14th Amendment: Adopted after the Civil War that declares “No state shall abridge the privileges
or immunities of citizens of the US; nor shall any state deprive any person of life, liberty, or
property, without due process of law; nor deny to any person within its jurisdiction the equal
protection of the laws.”
Gitlow v. New York: 1925 SC decision holding that freedoms of press and speech are
“fundamental personal rights and liberties protected by the due process clause of the 14th
Amendment from impairment by the states” as well by the federal government.
Due process clause: Part of the 14th amendment guaranteeing that persons cannot be deprived of
life, liberty, or property by the US or state governments without due process of law.
Incorporation Doctrine: SC has nationalized the BoR by making most of its provisions applicable
to the states through the 14th amendment.
Established clause: Part of the 1st amendment stating that “Congress shall make no law
respecting an establishment of religion.”
Free exercise clause: 1st amendment provision that prohibits government from interfering with
the practice of religion.
Lemon v. Kurtzman: SC decision that established that aid to church related school must have a
secular legislative purpose, have a primary effect that neither advances nor inhibits religion, and
doesn’t foster excessive government entanglement with religion.
Zelman v. Simmons-Harris: SC decision that upheld a state program providing families with
vouchers that could be used to pay for tuition at religious schools.
Engel v. Vitale: SC decision holding that state officials violated the 1st amendment when they
required that a prayer to be recited by public schoolchildren.

School District of Abington Township, Pennsylvania v. Schempp: SC decision holding that a
Pennsylvania law requiring Bible reading in schools violated the establishment clause of the 1st
amendment.
Prior restraint: Government actions that prevent material from being published. As confirmed in
Near v. Minnesota prior restraint is usually prohibited by the 1st amendment.
Near v. Minnesota: SC decision holding that the 1st amendment protects newspapers from prior
restraint.
Schenck v. United States: SC decision upholding the conviction of a socialist who had urged
resistance to the draft during WW1. Justice Holmes declared that government can limit speech if
the speech provokes a “clear and present danger” of substantive evils.