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| those rights, such as freedom of speech or religion, that are so fundamental that they are outside the authority of government to regulate |
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| First 10 amendments to the constitution |
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| natural (unalienable) rights |
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| Rights that every individual has and that government cannot legitimately take away |
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| set of rights centered around the concept of equal treatment, that government is obliged to protect |
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| Rights of individuals who have been arrested and jailed to go before a judge, who determines is if their detention is legal |
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| Laws that make something a crime after the act was committed |
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| legislative acts that declare individuals guilty of a crime |
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| process of applying provisions of the bill of rights to the states |
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| Supreme Court decision declaring the Bill of Rights was not binding on the states, slowly reversed in the 20th century |
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| prevents the federal government (5th Amendment) and the state governments (14th amendment) from denying any person due process of law |
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| doctrine used by the supreme court to make those provisions of the bill of rights that are fundamental rights binding on the states |
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| those rights deemed by the court to be essential to liberty |
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| special jury charged with determining whiter people should be put on trial |
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| standard used by courts to determine whether a law or a right has been violated across a range of cases |
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| standard frequently used by the supreme court in civil liberties cases to determine if a state has a compelling interest for infringing on a right and if the law is narrowly drawn to meet that interest |
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| laws passed in 1798 and 1918 (and later repealed) that made it a crime to criticize the government |
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| specially authorized court that determines the innocence of guilt of enemy combatants |
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| set of treaties that define lawful military combat and protect the rights of prisoners of war |
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| legal document authorizing a search or a seizure |
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| determination by a neutral official that specific evidence is likely to be found in a place to be searched or that an individual to be seized has likely committed a crime |
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| clear and present danger test |
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| first amendment test that requires the state to pros that there was a high likelihood that the speech in question would lead to a danger that congress has a right to prevent |
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| supreme court decision requiring imminent lawless action before speech can be banned |
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| doctrine allowing speech to be banned if the likely response would be a punch |
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| speech that attacks or demeans a group rather than a particular individual |
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| expressive communication, such as wearing armbands, that is not verbally communicated |
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| free speech doctrine that allows certain types of regulation of speech, as long as the restriction does not favor one side or another of a controversy |
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| government restrictions on freedom of the press that prevent material from being published |
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| restrictions on freedom of the press that occur after material is published |
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| publishing false and damaging statements about another |
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| supreme court test for libel of a public figur, in which the plaintiff must prove that the publisher knew the material was false or acted with "reckless regard" of whether it was true or false |
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| supreme court test for determining whether material is obscene |
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| right to freely associate with others and form groups, protected by the first amendment |
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| free exercise clause (first amendment) |
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| protects the free exercise of religion |
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| supreme court test that allows states to ban activities that infringe on religious practices as long as the state has a nonreligious rationale for prohibiting the behavior |
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| establishment clause (first amendment) |
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| prohibits governmental establishment of religion |
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| test for determining whether aid to religion violates the establishment clause |
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| those who believe that the Establishment Clause requires a wall of separation between church and state |
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| those who believe that as long as the government dose not favor one religion over another, it may generally support religious practices |
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| expectation of privacy test |
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| supreme court test for whether fourth amendment protections apply |
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| supreme court rule declaring that evidence found in violation of the fourth amendment cannot be used at trial |
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| limit on exclusionary rule that allows evidence to be used if the police obtain a warrant but the warrant is later found to lack probable cause |
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| fifth amendment prohibition against being forced to give testimony against oneself |
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| supreme court decision requiring that suspects be informed of their rights before questioning |
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| sixth amendment right that now includes appointed counsel if the suspect cannot afford an attorney |
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| supreme court decision creating a right to appointed counsel in exceptional causes |
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| supreme court decision creating a right to appointed counsel in all felony cases |
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| constitutional right inferred by the court that has been used to protect unlisted rights such as sexual privacy, reproductive gifts, and the right to end life-sustaining medical treatment |
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| supreme court case establishing the right to privacy |
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| supreme court case extending the right to privacy to abortion |
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| current test used by the court to determine if abortion regulations are allowable |
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| supreme court case extending the right of privacy to homosexual behavior |
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| takings clause (fifth amendment) |
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| requires just compensation when the government seizes private property to a public purpose |
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| right of the government to seize private property for public use |
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| requirement of the takings clause that once meant that the use of seized property had to e beneficial to all citizens, such as the building of roads or parks, and not just to private parties |
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| payment by the government of fair market value for seized property |
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| willingness of people to put up with ideas with which they disagree |
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