| A | B |
|---|
| Bill of Rights | First 10 amendments to the Constitution, written to restrict powers of the new National Government. |
| Barron v. Baltimore (1833) | Court case that decided the Bill of Rights would only apply to the national government, not to states and cities. |
| Gitlow v. New York (1925) | Court case that decided the Bill of Rights would apply to the states as well as the national government. |
| The 14th Amendment | States: Nor shall any state deprive any person of life, liberty, or property without due process of law. This amendment provides equal protection under the law. |
| Selective Incorporation Doctrine | The legal concept under which the Supreme Court has made most of the Bill of Rights applicable to the states through the 14th Amendment and Gitlow. |
| Freedom of Religion | In the 1st Amendment it states: make no law respecting an establishment of religion. You have the right to believe what you want but limits your practice. |
| Lemon v. Kurtzman (1971) | Aid to church-related schools must pass the "lemon test." |
| The Lemon Test | School must have secular legislative purposes, have a primary effect that neither advances nor inhibits religion or fosters an excessive government entaglement with religion. |
| Engel v. Vitale (1962) | States that people cannot recite prayers in school. |
| School District of Abington Township v. Schempp | States that required bible reading in schools violates the 1st amendment |
| Zelman v. Simmons-Harris (2002) | States may provide families with vouchers to pay for tution at religious schools |
| Santa Fe Independent School District v. Doe (2000) | Students cannot lead stadium crowds in prayer before football games when using school intercom. |
| Other 1st Amendment conflicts | Teaching Evolution, Ten Commandments in public buildings, Nativity scenes on public property, and Arizona tax redirected to private schools. |
| Reynolds v. U.S. (1879) | Limits free exercise of religion: outlawed polygamy. |
| Minersville School District v. Gobitis (1940) | Protects free exercise of religion: students may choose not to salute the flag. |
| Wisconsin v. Yoder (1972) | Protects free exercise of religion: Amish may remove children from school after 8th grade. |
| Freedom of Expression | The freedom of conscience is absolute. There is a balance between freedom of expression and competing values like public order, national security, right to fair trial. Obsenity and libel NOT protected. |
| Prior Restraint | Government preventing material from being published. |
| Near v. Minnesota (1931) | newspapers cannot shut down offensive press. |
| Pentagon Papers | A pentagon official stole pentagon documents about the war in Vietnam. |
| N.Y. Times v. U.S. (1971) | N.Y. Times won the right to print their story. |
| Schenck v. U.S. (1919) | First amendment may be suspended if the US is in "clear and present danger." |
| Dennis v. U.S. (1951) | First amendment rights can be taken away if you are in a conspiracy against the government. |
| Yates v. U.S. (1957) | People are allowed to advocate an overthrow in the abstract but not incite violence. |
| Free speech and Public Order | When free speech can be taken away for the sake of public order. |
| Free press and fair trial | Courts overturn laws preventing coverage of trial. Courts believe the right to a fair trial is higher than the right to protect sources. |
| Shield Laws | laws that protect reporter from having to reveal their sources. |
| Obscenity | Obscenity is not protected under the first amendment. Communities may make community standards to protect children and regarding the Internet. |
| Libel and Slander | Not protected under the 1st amendment. |
| Libel | Statements written or published that were made with malice and reckless disregard for the truth. |
| Slander | Statements that are spoken with malice and reckless disregard for the truth. |
| Public Figures under Libel and Slander | Must prove to a jury that their statements wer untrue and intended to harm. |
| Private individuals under Libel and Slander | Have lower standards than public figures: defamatory falsehood and author negligence. |
| Westmoreland v. CBS (1982) | Settled for an apology |
| Symbolic Speech | Actions that speak for individuals. |
| Tinker v. DesMoines (1969) | Right to wear armbands in protest. |
| Texas v. Johnson (1989) | Flag burning is free speech. |
| Westboro Church v. Snyder (2011) | Phelps' church may protest at funerals. |
| Commercial Speech | Far more restricted. The FTC decides what kinds of goods may be advertised and they must speak the truth. |
| Regulation of Public Airwaves | FCC regulates TV and Radio and they can fine inappropriate speech. |
| Freedom of Assembly 1 | The right to gather together in order to make a statement: it must be a reasonable time, place and manner. And Right to associate with people who share common interest. |
| Roe v. Wade (1971) | Says states cannot ban abortions in the 1st trimester of pregnancy. States can regulate abortions to protect the health of the mother in the 2nd trimester and states may ban abortions in the 3rd trimester. |
| NAACP v. Alabama (1958) | NAACP did not have to turn over membership list. |
| Search and Seizures | Police cannot arrest a citizen without probable cause. Forbids unreasonable search and seizure. |
| Probable Cause | Reasonable grounds to believe someone is guilty of a crime. Need physical evidence. |
| Search Warrant | To get a search warrant you have to have probable cause, state the area to be searched, state person to be searched and state the material to be gathered. |
| Searches without Warrant | Police can search if they feel they are in danger, if the material is in suspect's control, or through roadside checkpoints and flyovers. |
| Exclusionary Rule | Evidence obtained unconstitutionally cannot be used as evidence in trial. Exceptions: would discover it anyway and good faith. |
| Mapp v. Ohio (1961) | Made exclusionary rule part of the 14th amendment. |
| Exceptions to the Exclusionary Rule | Can't search car for small traffic violation and courts prohibit highway checkpoints to detect ordinary criminal wrongdoing. |
| Self-incrimination | 5th Amendment: can't be forced to be a witness against yourself ("pleading the 5th") |
| Immunity | Exemption from prosecution in exchange for suspects testimony. |
| Miranda v. Arizona (1966) | Right to remain silent and right to an attorney |
| Right to Counsel | 6th Amendment: ensures right to counsel in Federal courts |
| Gideon v. Wainright (1963) | Courts granted a public defender if you cannot afford an attorney. |
| Trial by Jury | Trial by your peers where the crime happened. A jury means 12 people. |
| Cruel and Unusual Punishment | The punishment must fit the crime. |
| McClesky v. Kemp (1987) | Upheld death pemalty (capital punishment). In 2002 they ruled against mentally retarded people getting capital punishment and in 2005 they ruled against 16-17 year olds getting the death penalty. |
| Right to Privacy | Nowhere in the Constitution does it state a right to privacy. |
| Griswold v. Connecticut (1965) | Says states cannot make laws concerning birth control. |
