Key Legal Terms and Constitutional Rights in the US
Posted on Jan 8, 2025 in Law & Jurisprudence
First Amendment Rights and Limitations
| Commercial Speech | A type of speech that is NOT protected by the First Amendment and must properly advertise or market a product. |
| Defamation | A type of speech that is NOT protected by the First Amendment and which damages a person’s reputation (can be written – libel – or spoken – slander). |
| Fighting Words | A type of speech that is NOT protected by the First Amendment and which immediately breaks the peace. |
| Hate Speech | A type of speech that is NOT protected by the First Amendment and is bigoted or racist. |
| Obscenity | A type of speech that is NOT protected by the First Amendment and which violates basic human decency. |
Fifth Amendment Protections
| Double Jeopardy | Being tried twice for the same crime. This is unconstitutional due to the Fifth Amendment. |
| Due Process | The idea that every person involved in a legal dispute is entitled to a fair hearing or trial. Guaranteed by the Fifth Amendment. |
| Self-Incrimination | Giving evidence and answering questions that would tend to subject one to criminal prosecution. This is unconstitutional due to the Fifth Amendment. |
Other Important Legal Concepts
| Drug Courier Profile | A description of average drug dealers in a certain area. Can be based on sex, race, age, appearance, etc. Many argue that this is racist, while others say it helps officers do their jobs more effectively. |
| Eminent Domain | The power of the government to take private property for public use. |
| Establishment Clause | Part of the First Amendment which forbids the government from setting up a state religion or endorsing/supporting religion and from preferring one religion over another. |
| Free Exercise Clause | Part of the First Amendment which protects the rights of individuals to worship or believe as they choose. |
| Grand Jury | A group of 16 to 23 people who decide whether there is reason to believe a person has committed a crime and should stand trial. They are not concerned with a person’s guilt or innocence; they only focus on whether the person should go to trial. |
| Just Compensation | Market value which is paid to the owner of private property after it is taken by the government. |
| Lemon Test | Used to determine the constitutionality of religious laws:- The challenged law or government action must have a secular purpose.
- The primary effect of the law or action must be to neither advance nor inhibit religion.
- The operation of the law or action must not foster excessive entanglement of government with religion.
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| Prior Restraint | Censorship before publication. Unconstitutional unless:- Publication would cause a certain, serious, and irreparable harm.
- No lesser means would prevent the harm.
- The censorship would be effective in avoiding the harm.
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| Probable Cause | (Minor) proof of a crime that would give an officer the right to search you or your car. |
| Procedural Due Process | The trial must run fairly and follow the law. Example: A grand jury must hear the basic facts of the case before it can go to trial. |
| Reasonable Belief/Suspicion | An officer has more than a hunch, but less than probable cause, to believe that you have broken a law. This would give them the right to perform a stop and frisk. |
| Substantive Due Process | Your basic freedoms must be protected during the trial. Example: You have the right to remain silent. |
