Chapter 5 Civil Liberties Vocab

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Civil liberties

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The personal guarantees and freedoms that the federal government cannot abridge by law, constitution, or judicial interpretation. The guarantees of freedom place limitations on the power of the government to restrain or dictate an individual’s actions.

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Bill of Rights

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The first ten amendments to the U.S. Constitution, which largely guarantee specific rights and liberties.

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Ninth Amendment

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It reads that “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

This amendment was strongly favored by James Madison, and states that other rights exist despite not being listed by the Constitution.

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Due process clause

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The clause contained in the Fifth Amendment, regarding the federal government, and the Fourteenth Amendment, regarding state governments. It guarantees individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary governmental action. This clause in the Fourteenth Amendment helped apply various parts of the Bill of Rights to the states.

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Substantive due process

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Judicial interpretations of the Fifth and Fourteenth Amendments’ due process clauses that protects citizens from arbitrary or unjust laws. The Supreme Court held states to this standard, forcing them to prove that their laws were valid exercises of their power.

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Incorporation doctrine

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An interpretation of the Constitution that holds that the due process clause of the Fourteenth Amendment requires that state and local governments also guarantee those rights. The incorporation doctrine was first brought to development with Gitlow v. New York and began to be used to incorporate many other rights as more cases were brought to the Supreme Court.

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Selective incorporation

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A judicial doctrine whereby most, but not all, of the protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment.

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First Amendment

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This amendment imposes a number of restrictions on the federal government with respect to the civil liberties of the people, including freedom of religion, speech, press, assembly, and petition.

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Establishment clause

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A clause in the First Amendment that prohibits the national government from establishing a national religion. It also prohibits the government from favoring any one religion over another.

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Free exercise clause

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A clause in the First Amendment that prohibits the U.S. government from interfering with a citizen’s right to practice his or her religion. This guarantee is not absolute as various actions such as polygamy were not protected under this clause.

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Prior restraint

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The Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment.

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Clear and present danger test

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A test articulated by the Supreme Court in Schenck v. U.S. to draw the line between what speech is protected and what isn’t. The Court examines to see “whether the words used” could “create a clear and present danger that they will bring about substantive evils” that Congress seeks “to prevent.” It gave the Court the ability to restrict certain forms of free speech depending on the threat they posed.

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Direct incitement test

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A test articulated by the Supreme Court in Brandenburg v. Ohio that holds that advocacy of illegal is protected by the First Amendment unless imminent lawless action is intended and likely to occur. Now the government could punish advocacy of illegal action only if the advocacy is meant to incite imminent lawless action or produce such lawless action.

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Libel

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False written statements or a written statement tending to call someone’s reputation in disrepute. It must be written and it must defame the character of a person. Victims of libel must show that the statements made were untrue. Truth is considered an absolute defense against the charge of libel, no matter how painful or embarrassing the revelations.

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Slander

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Untrue spoken statements that defame the character of a person.

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New York Times Co. v. Sullivan (1964)

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The Supreme Court case that concluded that “actual malice” must be proved to support a finding of libel against a public figure. This meant that those charged with libel had to show a knowing disregard for the truth if the libel was against a public figure or official, regardless of whether or not the statements made were true.

In the case, the New York Times was initially found guilty of libel for printing a full-page advertisement that accused Alabama officials of abusing African Americans during Civil Rights protests. The Supreme Court overturned the initial ruling.

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Symbolic speech

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Signs, symbols, and other methods of expression that are also considered to be protected by the First Amendment aside from actual speech.

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Due process rights

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Procedural guarantees that protect the legal rights of all people.

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Fourth Amendment

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Part of the Bill of Rights that reads: “The rights of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

This amendment protects people from unreasonable searches and seizures by the federal government.

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Fifth Amendment

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Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the rights of persons suspected of committing a crime. It provides for indictment by a grand jury and protection against self-incrimination, and prevents the national government from denying a person life, liberty, or property without the due process of law. It also prevents the national government from taking property without just compensation.

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Miranda v. Arizona (1966)

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A landmark Supreme Court case where the justices’ ruling held that the Fifth Amendment requires that individuals arrested for a crime must be advised of their rights to remain silent and to have counsel present.

In the case, Ernesto Miranda was questioned by the police regarding the kidnapping and rape of an eighteen-year-old girl. Eventually, Miranda confessed to the crime, unaware that he had a right to counsel and did not have to answer any questions. The Supreme Court voted for Ernesto Miranda since his confession had been coerced.

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Miranda rights

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Statements that the police must make, informing a suspect of his or her constitutional rights protected by the Fifth Amendment, including the right to an attorney provided by the court if the suspect cannot afford one.

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Exclusionary rule

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A judicially created rule that prohibits police from using illegally seized evidence at a trial. Despite this rule not being stated in the Constitution, the Supreme Court justices created it to prevent constitutional violations.

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Sixth Amendment

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Part of the Bill of Rights that sets out the basic requirements of procedural due process for federal courts to follow in criminal trials. These include speedy and public trials, impartial juries, trials in the state where crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and the right to counsel. The right to counsel has previously meant that an individual has the right to hire an attorney; this provision was extended so that courts were required to provide attorneys to defendants who could not afford one.

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Eighth Amendment

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Part of the Bill of Rights that states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

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Right to privacy

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The right to be left alone; a judicially created principle encompassing a variety of individual actions protected by the penumbras or shadows cast by several constitutional amendments, including the First, Third, Fourth, Ninth, and Fourteenth Amendments. The right originates from the indications throughout the Bill of Rights, in these amendments particularly, that expect certain areas of life were off limits to governmental regulations.

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Roe v. Wade (1973)

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A Supreme Court case where the justices found that a woman’s right to abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of RIghts applied to the states through the Fourteenth Amendment.

In the case, a woman named Norma McCorvey, the mother of one toddler, found herself pregnant with another child, whom she felt unable to care for. Her desire for an abortion conflicted with the Texas law that prohibited abortions unless it was necessary to save the mother’s life. Two Texas lawyers found McCorvey, and using the pseudonym of Jane Roe, challenged the Texas law. Their case, against the district attorney of Dallas County, Texas was brought to the Supreme Court where the justices ruled that the Texas law violated her right to privacy.