9 Civil Liberties Free Online FlashCards

What are civil liberties?

Civil liberties are freedoms and protections that limit government power over individuals.

How do civil liberties differ from civil rights?

Civil liberties limit government power; civil rights generally concern equal treatment and protection against discrimination. The two can overlap.

What does incorporation mean?

Incorporation is the Supreme Court’s application of most Bill of Rights protections to the states through the Fourteenth Amendment’s Due Process Clause.

Whose actions do constitutional protections generally constrain?

Constitutional protections generally constrain government action, not the independent conduct of private individuals or companies.

Which freedoms does the First Amendment protect?

It protects freedom of religion, speech, and the press, along with peaceable assembly and the right to petition the government.

How do the First Amendment’s religion clauses differ?

The Establishment Clause bars government from establishing or favoring religion; the Free Exercise Clause protects religious belief and practice.

How does viewpoint discrimination affect a speech restriction?

A rule targeting a particular viewpoint is especially suspect. A generally applicable safety rule may be valid even if it incidentally affects expression.

What does the Fourth Amendment require for warrants?

The Fourth Amendment bars unreasonable searches and seizures. Warrants require probable cause and a particular description.

What are key Fifth Amendment protections?

The Fifth Amendment protects against compelled self-incrimination and double jeopardy, and guarantees due process in federal proceedings.

Which trial rights does the Sixth Amendment protect?

It protects a speedy and public trial, an impartial jury, confrontation of adverse witnesses, and assistance of counsel in criminal prosecutions.

What does the Eighth Amendment prohibit?

The Eighth Amendment prohibits excessive bail and fines, as well as cruel and unusual punishments.

What is procedural due process?

When government deprives someone of a protected liberty or property interest, it generally must provide appropriate procedures, such as notice and an opportunity to be heard.