Unit 3

• Civil Rights- protection from discrimination (government protects us)
• Civil Liberties- Rights and freedoms guaranteed to people by the Constitution and other laws (Protect us from the government)
• Bill of Rights- First 10 amendments
• 1st Amendment- Freedom of speech, religion, press, assembly, and petition
• 2nd Amendment- Right to bear arms
• 3rd Amendment- No quartering of soldiers
• 4th Amendment- Protection against unreasonable searches and seizures
• 5th Amendment- Protects citizens being accused of crimes
• 6th Amendment- Right to fair and speedy trial, right to impartial jury, right to be informed of charges
• 7th Amendment- Right to a trial by jury
• 8th Amendment- Protection from excessive bail and fines, and cruel and unusual punishment
• 9th Amendment- Protects rights not listed in Constitution
• 10th Amendment- Powers not delegated to federal government by Constitution, or prohibited to states, are reserved for states and the people
• The Supreme Court interprets the Bill of Rights
• The continuous interpretation of the Bill of Rights by the courts changes the way these liberties are protected and evolve over time
• Freedom of religion protects the right of individuals to practice their religion, or no religion, without fear of government retribution
• Freedoms are not absolute
• Establishment Clause- The government cannot establish a religion
• Freedom of Press- Ensures individuals can access and spread information without fear of government retribution
• Freedom of Press is important in ensuring that the press can report on important issues and serve as a watchdog against government corruption and abuse of power
• Right to Peaceful Assembly- Allows individuals to gather together and express their opinions, protest government actions, and advocate for their rights
• Right to Petition the Government- Allows individuals to voice their complaints and seek resolutions
• Lemon Test- used to see if there's a violation of the establishment clause. The action violates the clause unless it:

  1. Has a significant purpose (non-religious)
  2. Does not have the effect of advancing or discouraging religion
  3. Does not have "excessive entanglement" between government and religion
• Due Process Clause- the clause in the 14th amendment that restricts state governments from denying citizens their life, liberty, or property without legal safegards
• The 14th amendment laid the foundation for extending the protections of the Bill of Rights to state laws and actions
• Selective Incorporation- Process by which the Supreme Court has affirmed that almost all of the protections in the Bill of Rights also apply to state governments
• Establishment Clause- 1st amendment protection against the government requiring citizens to join or support a religion
• Free Exercise Clause- 1st amendment protection of the rights of individuals to exercise and express their religious beliefs
• Freedom of Expression- Fundamental right affirmed in 1st amendment to speak, publish, and protest
• Courts must balance the needs of national security with free speech
• Clear and Present Danger Test- Legal standard that speech posing an immediate or serious threat to national security is not protected by the 1st amendment
• Prior Restraint- the suppression of material prior to publication on the grounds that it might endanger national security
• Symbolic Speech- protected expression in the form of images, signs, and other symbols
• Libel- an untrue written statement that injures a person's reputation
• Slander- an untrue spoken expression that injures a person's reputation
• Selective Incorporation- process by which the Supreme Court applies the provisions of the Bill of Rights to the states through the due process clause of the 14th amendment
• In selective incorporation, the Supreme Court has the power to determine whether a particular provision of the Bill of Rights should be applied to the states
• The Supreme Court has been gradually incorporating more provisions of the Bill of Rights over time
• Exclusionary Rule- evidence obtained illegally is not admissible in court
• The due process clause protects individual rights against government intrusion by requiring the government to follow certain procedures when it takes away a person's life, liberty, or property.