Bill of Rights
first 10 amendments to the U.S. Constitution and the foundation for individual rights
commercial speech
business-related message in which the speaker is most likely trying to sell a product or service to an audience
due process
fair treatment through the legal system, as protected by the 5th and 14th Amendments
eminent domain
power of a government to take or appropriate land within its borders for any purpose that the government deems necessary or beneficial, as long as there is payment or compensation
equal protection
concept (included in the 14th Amendment) that no state shall deny to any person within its jurisdiction the equal protection of the laws
establishment clause
major component of the 1st Amendment that prohibits Congress from establishing an official national religion
free exercise clause
portion of the 1st Amendment that prohibits Congress from passing any law that would prohibit people from practicing their religious beliefs
freedom of expression
right to communicate ideas or opinions, as protected by the 1st Amendment
fruit of the poisonous tree
evidence that is obtained and/or that stems from primary illegal search; will be excluded
intermediate scrutiny
level of scrutiny wherein a law being challenged must further an important government objective to protect a fundamental right
obscenity
strongly offensive act, utterance, or other expression that would offend the average person using the modern standards of their community
rational basis
level of scrutiny wherein it must be proved that the government has legitimate interest in a law or that the law has a reasonable link to a government interest
search and seizure
inspections and confiscations by the government or state actors
search warrant
court order that allows police, state actors, or the government to enter and search premises
self-incrimination
when an individual is forced to testify or answer questions that would cause problems and violate their own rights; a subject of the 5th Amendment
strict scrutiny
level of scrutiny wherein a law being challenged must be shown to be necessary to serve a compelling government objective to protect a class of people
symbolic speech
words, behaviors, or actions that express an idea or message
takings clause
part of the 5th Amendment that states private property shall not be taken for public use without just compensation