Civil+Liberties

=Civil Liberties=

Introduction
Civil liberties of the U.S. are inalienable rights possessed by citizens from the Constitution. The Supreme Court and lower courts interpret these rights. Civil liberties are basically constitutional protections against the government. The Bill Of Rights establishes many liberties we know and love today. Also, because of the Supreme Court we have many more guaranteed liberties. These liberties include: freedom of speech, freedom to have an abortion, and more.

Our list of protected liberties has grown since the inception of the Constitution because of rulings in the supreme court.

__**VERY GOOD USE OF TERMS!!!! YOU WILL SEE SEVERAL OF THESE ON THE EXAM!!!!**__ **_ DEFINITELY QUESTIONS REGARDING FIRST AMENDMENT, FOURTEENTH AMENDMENT AND INCORPORATION> A FEW COURT CASES ON THESE AS WELL.**__

Testing Restrictions on Expression
The Supreme Court has employed various standards and tests to decide whether a restriction on freedom of expression is constitutionally permissible.

1. **Preferred position** The right of free expression, though not absolute, occupies a higher, or more preferred, position than many other constitutional rights, such as property rights.

2. **Prior restraint** With scarcely any exceptions, the Court will not tolerate a prior restraint on expression, such as censorship, even when it will allow subsequent punishment of improper expressions (such as libel).

3. **Imminent danger** Punishment for uttering inflammatory sentiments will be allowed only if there is an imminent danger that the utterances will incite an unlawful act.

4. **Neutrality** Any restriction on speech, such as a requirement that parades or demonstrations not disrupt other people in the exercise of their rights, must be neutral- that is, it must not favor one group more than another.

5. **Clarity** If you must obtain a permit to hold a parade, the law must be set forth clear (as well as neutral) standards to guide administrations in issuing that permit. Similarly, a law punishing obscenity must contain a clear definition of obscenity.

6. **Least-restrictive means** If it is necessary to restrict the exercise of one right to protect the exercise of another, the restriction should employ the least-restrictive means to achieve its end.

Civil Liberties Vocab

 * Clear-and-present-danger test** Law should not punish speech unless there was a clear and present danger of producing harmful actions.


 * Due process of law** "Denies the government the right, without due process, to deprive people of life, liberty, and property."


 * Equal protection of the law** A standard of equal treatment that must be observed by the government.


 * Establishment clause** First Amendment ban on laws "respecting an establishment of religion."


 * Exclusionary rule** Improperly gathered evidence may not be introduced in a criminal trial.


 * Freedom of expression** "Right of people to speak, publish, and assemble."


 * Freedom of religion** "People shall be free to exercise their religion, and government and may not establish a religion."


 * Free-exercise clause** First Amendment requirement that law cannot prevent free exercise or religion.


 * Good-faith exception** An error in gathering evidence sufficiently minor that it may be used in a trial.


 * Incorporation** Court cases that apply Bill of Rights to states.


 * Libel** Writing that falsely injures another person.


 * Prior restraint** Censorship of a publication.


 * Probable cause** Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion.


 * Search warrant** A judge's order authorizing a search.


 * Symbolic speech** An act that conveys a political message.


 * Wall of separation** Court ruling that government cannot be involved with religion.