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| The first ten amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalist concerns. These amendments define such basic liberties as freedom of religion, speech, and press and offer protections against arbitrary searches by the police and being held without talking to a lawyer. |
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| The legal constitutional protections against government. Although our civil liberties are formally set down in the Bill of Rights, the courts, police, and legislatures define their meaning. |
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| Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court. |
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| Cruel and unusual punishment |
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| Court sentences prohibited by the Eighth Amendment. Although the Supreme Court has ruled that mandatory death sentences for certain offenses are unconstitutional, it has not held that the death penalty itself constitutes curel and unusual punishment. (See Furman v. Georgia, Gregg . Georgia, and McClesky v. Kemp) |
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| Part of the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the United States or state governments without due process of law. (See Gitlow v. New York) |
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| The constitutional amendment that forbids cruel and unusual punishment, although it does not define this phrase. Through the Fourteenth Amendment, this Bill of Rights provision applies to the states. |
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| Part of the First Amendment stating that “Congress shall make no law respecting an establishment of religion.” |
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| The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits use of evidence obtained evidence obtained through unreasonable search and seizure. |
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| The constitutional amendment that establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly. |
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| The constitutional amendment adopted after the Civil War that states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (See also due process clause) |
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| A First Amendment provision that prohibits government from interfering with the practice of religion. |
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| The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment. |
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| The publication of false or malicious statements that damage someone’s reputation. |
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| A bargain struck between the defendant’s lawyer ad the prosecutor o the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state’s promise not to prosecute the defendant for a more serious (or additional) crime. |
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| A government’s preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the First Amendment and as confirmed in the 1931 Supreme Court case of Near v Minnesota. |
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| The situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence. (Compare to unreasonable searches and seizures) |
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| The right to a private personal life free from the intrusion of government. The right to privacy is implicitly protected by the Bill of Rights. (See Privacy Act) |
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| A written authorization from a court specifying the area to be searched and what the police are searching for. |
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| The situation occurring when an individual accused of a crime is compelled to be a witness against him or herself in court. The Fifth Amendment forbids self-incrimination. (See Miranda v. Arizon) |
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| The constitutional designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial. |
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| Nonverbal communication, such as burning a flag or wearing an armband The Supreme Court has accorded some symbolic speech protection under the First Amendment. (See Texas v. Johnson) |
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| Unreasonable searches and seizures |
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| Obtaining evidence in a haphazard or random manner, a practice prohibited by the Fourth Amendment. Both probable cause and a search warrant are required for legal and proper search for and seizure of incriminating evidence. |
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