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Areas of personal freedom with which governments are constrained from interfering. |
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Legal or moral claims that citizens are entitles to make on government to protect them from the illegal actions of other citizens and government agencies. |
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Higher standard of judicial protection for speech cases and other civil liberties and rights cases, in which the burden of proof shits from the complaint to the government. |
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The ability of the court to exclude evidence obtained in violation of the fourth amendment. |
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Principles developed by the supreme court in Miranda v. Arizona requiring those under arrest to be informed of their legal rights (right to counsel before police investigation, etc.) |
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A wall of separation exists between the church and state, as outlined in the first amendment. |
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Rule developed in Lemon v. Kurtzman according to which governmental action in respect to religion is permissible if it is secular in purpose, avoids "excessive entanglement," and neither promotes nor inhibits the practice of religion. |
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A conditional form of speech under the first amendment (protest) and are subject to state or local restrictions IF properly balanced by considerations of public order. |
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An effort by a government agency to block the publication of material it deems libelous or harmful in some other way; censorship. |
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A written statement in "reckless disregard of the truth" and considered damaging to a victim because it is "malicious, scandalous, and defamatory." |
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An oral statement made in "reckless disregard of the truth" and considered damaging to a victim because it is "malicious, scandalous, and defamatory." |
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Speech that explicitly incites damaging conduct. |
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To proceed according to law and with adequate protection for individual rights. |
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A jury that determines whether sufficient evidence is available to justify a trial. Grand juries do not rule on the accused's guilt or innocence. |
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The right of the government to take private property for public use, with reasonable compensation awarded for the property. |
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The right to be let alone, which has been interpreted by the Supreme Court to entail free access to birth control and abortions. |
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A clause in the fourteenth amendment that requires that states provide citizens "equal protection of the laws." |
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Doctrine that public accommodations could be segregated by race but still be equal. |
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Racial segregation that is the direct result of law or official policy. |
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Segregation that is the result of social and cultural factors; not the direct result of law or government policy. |
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The test used by Supreme Court in gender discrimination cases; places burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional. |
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A policy or program designed to redress historic injustices against specified groups by actively promoting equal access to education and employment opportunities. |
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