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| The personal guarantees and freedoms that the federal goverment cannot abridge by law, constitution, or judicial interpretation. |
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| The government-protected rights of indivuduals against arbitrary or discriminatory treatment. |
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| The first ten amendments to the U.S. Constitution, which largely guarantee specific rights and liberties |
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| Part of the Bill of Rights that reads, "The enumeration of the Constitution, of certain rights, shall not be construed to deny or diaparage others retained by the people." |
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| Clause contained in the fifth and fourteenth amendments. Over the years, it has been construed to guarantee to individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary governmental action. |
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| Judicial interpretation of the fifth and fourteenth amendments due process clause that protects citizens from arbitrary or unjust laws. |
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| An interpretation of the Constitution that holds the due process clause of the fourteenth amendment requires that the state and local governments also guarantee those rights. |
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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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| Those rights defined by the Court to be essential to order, liberty, and justice. |
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| Part of the Bill of Rights that 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 religion. |
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| The first clause in the first amendment; it prohibits the national government from establishing a national religion. |
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| The second clause of the first amendment; it prohibits the U.S. goverment from interfering with a citizen's right to practice his or her religion. |
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| 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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| Test Articulated by the Supreme court in Schenck v. U.S. (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 will bring about substantive evils" that Congress seeks "to prevent." |
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| A test articulated by the Supreme Court in Brandenburg v. Ohio (1969) that holds the advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur. |
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| Symbols, signs, and other methods of epression generally also considered to be protected by the First Amendment. |
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| False written statements or written statements tending to call someone's reputation into disrepute. |
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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 concluded that "actual malice" must be proved to support a finding of libel against a public figure. |
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| Words that, "by their very utterance inflict injury or tend to incite an immediate breach of peace." Fighting words are not subject to the restrictions of the first amendment. |
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| Procedural guarantees provided by the Fourth, Fifth, Sixth and Eighth Amendments for those accused of crimes. |
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| Part of the Bill of Rights that reads: "the right 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 the Oath or affirmation, and particularly describing the place to be searched,and the persons or things to be seized." |
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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 the 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 fair compensation. |
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| Miranda v. Arizona (1966) |
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| A landmark supreme court ruling that held the fifth amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present. |
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| Statments that must be made by the police informing a suspect of his or her constitutinal 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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| Judicially created rule that prohibits police from using illegally seized evidence at trial. |
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| Part of the Bill of Rights that sets out the basic requirements or procedural due process for federal courts to folllow 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 winesses, and the right to counsel. |
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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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| The right to be let alone; a judicially created doctrine encompassing an individuals decision to use birth control or secure an abortion. |
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| The Supreme Court found that a woman's right to an 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. |
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