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9245469829civil libertiesThe personal guarntees and freedoms that the government cannot abridge by law, constitution, or judicial interpretation0
9245469830Civil rightsThe government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals1
9245469831Bill of RightsThe first ten amendments to the Constitution, which largely guaranteed specific rights and liberties2
9245469832Ninth Amendmentenumerating rights in the Constitution or Bill of Rights does not mean that others do not exist3
9245469833Tenth Amendmentpowers not delegated to the national government are reserved to the states or to the people4
9245469834Due Process ClauseClause contained in the the fifth and fourteenth amendments; over the years, it has been constructed to guarantee to individuals a variety of rights5
9245469835substantive due processjudicial interpretation of the fifth and fourteenth amendments due process clauses that protects citizens from arbitrary or unjust state or federal laws6
9245469836incorporation doctrineAn interpretation of the constitution that holds that the due process clause of he fourteenth amendment requires that state and local governments must also guarantee the rights stated in the bill of rights7
9245469837selective incorporationA judicial doctrine whereby most but not all the protections found in the bill of rights are make applicable to states via 14 amend.8
9245469838Fundamental freedomsThose rights defined by the Court to be essential to order, liberty, and justice and therefore entitled to the highest standard of review9
9245469839First Amendment5 freedoms: speech, press, religion, assembly, petition10
9245469840Establishment ClauseThe first clause of the first amendment; it directs the national government not to sanction an official religion11
9245469841Fee exercise clauseThe second clause of the first amendment; it prohibits the u.s. government from interfering with a citizens right to practice his or her religion12
9245469842Engel v vitaleNo school prayer13
9245469843Lemon v. KurtzmanThree tests are described for deciding whether the government is improperly involved with religion14
9245469844prior restraintconstitutional doctrine that prevents the gov from prohibiting speech or publication before the fact15
9245469845Schneck v. USestablished the 'clear and present danger' test16
9245469846clear and present danger testdraws the line between protected and unprotected speech17
9245469847direct incitement testTest that holds advocacy of illegal action is protected by the first amendment.18
9245469848symbolic speechsymbols, signs, and other methods of expression generally also considered to be protected by 1st am.19
9245469849Tinker v. Des MoinesStudents have the right to symbolic speech at school as long as it is not disruptive20
9245469850LibelWritten statement that defamed a persons character21
9245469851SlanderUntrue spoken statements that defame the character of a person22
9245469852New York Times v. SullivanTo libel a public figure, there must be "actual malice"23
9245469853fighting wordsspeech that directly incites damaging conduct24
9245469854D.C. v. Hellerstruck down a Washington DC ordinance that banned handguns25
9245469855Writs of Habeas Corpusa court order which prevents unjust arrests and imprisonment26
9245469856ex post facto lawlaw that makes an act punishable as a crime even if the action was legal at the time it was commited27
9245469857bills of attaindera law declaring an act illegal without a judicial trial28
9245469858Fourth AmendmentProtects against unreasonable search and seizure29
9245469859Fifth AmendmentRights of people accused of crimes30
9245469860Miranda v. ArizonaThe accused must be notified of their rights before being questioned by the police31
9245469861double jeopardy clausePart of the Fifth Amendment that protects individuals from being tried twice for the same offense.32
9245469862exclusionary rulejudicially created rule that prohibits police from using illegally seized evidence at trial33
9245469863Mapp v. OhioEvidence illegally gathered by the police may not be used in a criminal trial34
9245469864Sixth AmendmentRight to a speedy trial35
9245469865Gideon v. WainwrightRight to an attorney36
9245469866Eigth Amendmentexcessive bail shall not be required nor excessive fines imposed nor cruel and unusual punishment inflicted37
9245469867Furman v. GeorgiaSC: The death penalty is "cruel and unusual" (1972)38
9245469868right to privacyright to be left alone39
9245469869Roe v Wadelegalized abortion40
9245469870New York Times Co v. U.S.U.S. government could not block the publication of secret department of defense documents illegally furnished to the Times by anti-war activists41

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