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Civil Rights and Civil Liberties Vocabulary and Court Case Study Guide

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Civil Rights and Civil Liberties Vocabulary and Court Case Study Guide
Civil Rights and Civil Liberties:

Civil liberties: the legal constitutional protections against government. Although our civil liberties are formally set down in the Bill of Rights, the courts, police, and legislature define their meaning.

Bill of Rights: the first 10 amendments to the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and press and guarantee defendants’ rights.

First Amendment: the constitutional amendment that establishes the four great liberties: freedom of press, of speech, of religion, and of assembly.

Barron v. Baltimore: the 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.

Gitlow v. New York: the 1925 Supreme Court decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states" as well as the federal government. Compare Barron v. Baltimore.

Fourteenth Amendment: the constitutional amendment adopted after the Civil War that states "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." See also due process clause.

Due process clause: part of the 14th Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the United States or state governments without due process of law. See also Giltow v. New York.

Incorporation doctrine: The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the 14th Amendment.

Establishment clause: Part of the First Amendment stating that "Congress shall make no law respecting an

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