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| Legal constitutional protections against government, although our civil liberties are formally set down in the Bill of Rights, the courts, police and legislatures define their meaning |
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| The first 10 amendments to the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and press. It guarantees defendants' rights. |
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| Establishes the four great liberties: freedom of the press, speech, religion and of assembly |
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| 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 U.S.; nor shall any state deprive any person of life, liberty, or property w/o due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” |
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| 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. |
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| Part of the First Amendment stating that “Congress shall make no law respecting an establishment of religion.” |
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| first amendment provision that prohibits gov. from interfering w/ the practice of religion. |
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| Gov. actions preventing material from being published. This is a common method of limiting the press in some nations, but it usually unconstitutional in the U.S., according to the 1st amendment and as confirmed in the 1931 S.C. Case of Near v. Minnesota. |
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| publication of false or malicious statements that damage someone's reputation. |
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| Nonverbal communication, such as burning a flag or wearing an armband. The S.C. Has accorded some symbolic protection from the S.C. |
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| Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the S.C. |
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| The situation occurring when the police have reason to believe that a person should be arrested. In making the arrested, police are allocated legally to search for and seize incrimination evidence. |
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| Unreasonable Searches and Seizures |
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| Obtaining evidence in a haphazard or random manner, a practices prohibited by the 4th amendment. Probable cause and or a search warrant are required for a legal and proper search and seizure of incrimination evidence |
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| A written authorization from a court specifying the area to be searched and what the police are searching for |
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| The rule that evidence, no matter how incriminating cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits the use of evidence obtained through unreasonable search and seizure |
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| Constitutional amendment designed to protect the rights of persons accused of crimes including protection against double jeopardy, self-incrimination, and punishment w/o due process of law. |
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| The situation occurring when an individual accused of a crime is compelled to be a witness against himself in court. The Fifth amendment forbids self-incrimination. |
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| Amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial. |
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| A bargain struck between the defendants lawyer and the prosecutor to the effect that the defendant will plea guilty to a lesser crime (or fewer crimes) in exchanged for the state's promise not to prosecute the defendant for a more serious (or additional) crime. |
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| Amendment that forbids cruel and unusual punishment, although it does not define this phrase. Through 14th amendment, this B.O.R. Provision applies to the states. |
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| Cruel and Unusual Punishment |
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| Court sentences prohibited by the 8th amendment. Although the S.C. Has ruled that mandatory death sentences for certain offenses are unconstitutional it has not held that the death penalty itself constitutes cruel and unusual punishment. |
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| The right to a private personal life free from the intrusion of government. |
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| Barron v. Baltimore (1833) |
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| That the bill of rights restrained only the nation government, not the states and cities |
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| Gitlow v. New York (1925) |
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| That the freedoms of press and speech are “fundamental personal rights and liberties protected by the due process clause of the 14th amendment from impairment by the states” as well as by the federal government. |
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| Established that aid to church – related to schools must 1)Have a secular legislative purpose, 2) have a primary effect that neither advances nor inhibits religion and, 3) not foster excessive Government entanglement w/ religion. |
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| That state officials violated the first amendment when they wrote a prayer to be recited by New York's school children |
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| Decision holding that the first amendment protects newspapers from prior restraint. |
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| Schenk v. United States (1919) |
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| Upholding the conviction of a socialist who had urged young men to resist the draft during WWI. Justice Holmes declared that government can limit speech if it provokes a “clear and present danger” of substantive evils |
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| Zurcher v. Stanford Daily (1976) |
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| A proper search warrant could be applied to a newspaper as well as to anyone else w/o necessarily violating the first amendment rights to freedom of the press. |
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| Miller v. California (1973) |
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Avoided defining obscenity by holding that community standards be used to determine whether material is obscene.
1) The work appeals “to a prudent interest in sex”
2) Work shows “patently offensive” sexual conduct
3) The work lacks “serious literary, artistic, political, or scientific value” |
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| New York Times v. Sullivan (1964) |
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| Established the guidelines for determining whether the public officials and figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made with “actual malice” and reckless disregard for the truth. |
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| The Supreme Court struck down a law banning the burning of the American Flag on the grounds that such action was symbolic speech protected by the first amendment. |
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| Red Lion Broadcasting Co. v. Federal Communications Commission (1969) |
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| The Supreme Court upheld restrictions on radio and television broadcasting. These restrictions on the broadcast media are much tighter than those on the print media because there are only a limited number of broadcasting frequencies available. |
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| The Supreme Court protected the right to assemble peaceably when it decided the NAACP didn't have to reveal its membership list and thus subject it's members to harrasment. |
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| Ruled that fourth amendments protection against unreasonable search and seizures must be exteneded to the states as well as to the federal government. |
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| Miranda v. Arizona (1966) |
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| Sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel' “Right to remain silent, you have the right to an attorney.. etc” |
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| Gideon v. Wainwright (1963) |
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| That anyone accused of a felony where imprisonment may be imposed, however poor, has a right to be a lawyer. |
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| Tinker v. Des Moines (1965) |
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| Held that suspension of tinker siblings (for wearing black armbands to school in protest of vietnam war) violated their first amendment rights. |
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| That a state ban on all abortions was unconstitutional. The decition forbade state cntrol over abortions during the first trimester, limit during the second trimester (unless of health), to protect the fetus during the third trimester |
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| Planned Parenthood v. Casey (1992) |
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| The Supreme Court loosened its standard for evaluation restrictions on abortion from one of “strict scrutiny” of any restraints on a “fundamental right” to one of “undue burden” that permits considerable more regulation |
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