Vocabulary Terms

Provisions of the U.S. Constitution's Bill of Rights are continually being interpreted to balance the power of government and the civil liberties of individuals.

Bill of Rights

The first ten amendments to the US Constitution

Civil liberties

Legal protections for individuals against governments

Clear and present danger

If speech acts are likely to incite specific violence to others, they are not protected by the First Amendment

Cruel and unusual punishment

Prohibited in the Eighth Amendment; has evolved over the years to include many new forms of criminal punishment

Death penalty

Execution can take several forms, is very difficult legally speaking to administer, and is only offered in some states

Defamatory

Knowing lies about another person designed to damage their reputation

Eighth Amendment

Prohibits cruel and unusual punishment, as well as excessive bail and fines

Engel v. Vitale

Court case that ruled against mandatory school prayer as a violation of the Establishment Clause

First Amendment

Contains protections for speech, religion, press, assembly and petition

Fourth Amendment

Protects against unreasonable searches and seizures without warrants

Metadata

Data collected about human communication like phone numbers called or times and locations of messages sent and received

Non-protected speech

Some communication acts are not protected by the First Amendment

Obscenity

Not protected by the First Amendment: must be without and in the prurient interest

Schenck v. United States

Court case that determined speech constituting a clear and present danger was not protected

Second Amendment

Provides for a right to bear arms for "the people," connected with a first clause about "a well regulated militia"

Tinker v. Des Moines

Court case that ruled in favor of students using peace armbands as symbolic speech

Wisconsin v. Yoder

Court case ruling in favor of an Amish group that wanted to opt out of mandatory school