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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

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civil rights

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the government-protected rights of individuals against arbitrary or discriminatory treatment

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Bill of Rights

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the first ten amendments to the US Constitution, which largely guarantee specific rights and liberties

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Ninth Amendment

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part of the Bill of Rights that reads "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people"

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Tenth Amendment

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Part of the Bill of Rights that reiterates powers not delegated to the national government are reserved to the states or to the people

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due process clause

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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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substantive due process

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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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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

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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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fundamental freedoms

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Those rights defined by the Court to be essential to order, liberty, and justice and therefore entitled to the highest standard of review, strict scrutiny

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First 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 civil liberties of the people, including freedom of religion, speech, press, assembly, and petition

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establishment clause

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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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free exercise clause

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The second clause of the First Amendment; it prohibits the US government from interfering with a citizen's right to practice his or her religion. Still, some forms of actual exercise of religion can be regulated

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prior restraint

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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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writ of habeas corpus

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A court order in which a judge requires authorities to prove that a prisoner is being held lawfully and the judge is not persuaded by the government's case. Habeas corpus rights imply that prisoners have a right to know what charges are being made against them

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clear and present danger test

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Test articulated by the Supreme Court in Schenk v. US (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 they will bring about substantive evils" that Congress seeks "to prevent"

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direct incitement test

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A test articulated by the Supreme Court in Brandenburg v. Ohio (1969) that holds that advocacy of illegal action is protected by the Fist Amendment unless imminent lawless action is intended and likely to occur

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symbolic speech

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Symbols, signs, and other methods of expression generally also considered to be protected by the First Amendment

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libel

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False written statements or written statements tending to call someone's reputation into disrepute

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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 concluded that "actual malice" must be proved to support a finding of libel against a public figure

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fighting words

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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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due process rights

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procedural guarantees provided by Fourth, Fifth, Sixth, and Eighth Amendments for those accused of crimes

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Fourth Amendment

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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 probably cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

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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 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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Miranda rights

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statements that must be made by the police 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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double jeopardy clause

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Part of the Fifth Amendment that protects individuals from being tried twice for the same offence.

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exclusionary rule

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Judicially created rule that prohibits police from using illegally seized evidence at trial

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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

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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 let alone; a judicially created doctrine encompassing an individual's decision to use birth control or secure an abortion

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Roe v Wade (1973)

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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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