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| personal guarantees and freedoms that he federal government cannot abridge by law |
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| a judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made applicable to the states via the 14th amendment |
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| second clause of the 1st amendment; prohibits the US government from interfering with a citizens right to practice his or her religion |
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| Constitutional doctrine that prevents the government from prohibiting speech or publication before the face; generally held to be in violation of the first amendment |
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| -clear and present danger test |
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| test articulated by the S>C> in Shenck vs US to draw the line between protected and unprotected speech, Court looks to see whether the words used could create a clear and present danger that they will bring about substantive evils that congress seeks to prevent |
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| Brandenbrug vs Ohio, that holds that advocacy of illegal action is protected by the 1st amendment unless imminent lawless action is intended and likely to occur |
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| symbols, signs, of expression that are protected under 1st amend. |
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| false written statement or a written statement tending to call someones reputation into disrepute |
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| untrue spoken statements that defame the character of a person |
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| right of the people to be secure in their persons, house, papers, and effects, against unreasonable search and seizure. No warrants shall be issued without cause. |
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| indictment by a gran jury and protection against self-incrimination, and prevents the national government from denying a person life, liberty, or property without due process. taking without just. |
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| Miranda v. Arizona (1966) |
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| landmark S.C. requires that individuals arrested for a crime to remain silent and to have counsel present. |
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| Process of due process. Speedy trial and public trials, impartial juries, trials in the state where the crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, the right to counsel |
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| Gideon v. Wainwright (1963) |
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| granted indigents the right to counsel |
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| Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted |
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| the right to be left alone; a judicially created principle encompassing a variety of individuals actions protected by the penumbras or shadows case by several constitutional amendments; including the first third fourth ninth and 14th amend. |
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| a women's right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the 14th amends. |
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| the states were not required to ensure the civil liberties listed in the Bill of Rights |
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| States must abide by the First Amendment's guarantee of freedom of speech and the press |
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| rohibits the adoption of an official national religion. |
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does not foster excessive government entanglement with religion.
has a secular purpose.
does not advance religion.
does not inhibit religion. |
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| According to the Lemon test, a law that involves government support of a religious activity is constitutional if it |
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| forced the District of Columbia to lift its gun ban |
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| Where secular law conflicts with religious beliefs, freedom of religion is |
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| The process by which the Supreme Court has chosen to apply the specific guarantees in the Bill of Rights to the states is called |
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| the use of hallucinogenic tea for religious purposes was permissible. |
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| The right to a court determination that you are being held lawfully |
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| During the Civil War, Lincoln suspended the writ of habeas corpus, which normally provides for what right? |
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| clear and present danger to society |
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| n Schenck v. U.S. (1919), the Supreme Court ruled that Congress could ban certain types of speech if they constituted |
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| only if that advocacy is intended and likely to lead to a criminal act |
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| Under the direct incitement test, advocacy of an illegal action can be prosecuted |
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| Which case established the precedent of "actual malice" for prosecution of libel? |
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| In __________ the Supreme Court ruled that material can only be considered obscene if it is utterly without redeeming social importance. |
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| lacks literary, artistic, political, or scientific value. |
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| In Miller v. California (1973), the Supreme Court concluded that material was obscene if it |
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| Which of the following is NOT an enumerated First Amendment freedom? |
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| The trunk and glove box of a car |
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| Without a warrant, police are allowed to search all but which of the following? |
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| A warrantless search is permissible if |
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| A warrantless search is permissible if |
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| Griswold v. Connecticut involved |
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| According to the Supreme Court, which of the following groups can be forced to undergo drug tests |
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| The standard that illegally seized evidence cannot be used at trail is known as the |
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| n which case did the Supreme Court rule that lawyers in criminal cases are necessities, not luxuries |
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| n which case did the Supreme Court rule that lawyers in criminal cases are necessities, not luxuries |
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searching library records.
II. searching medical records.
III. searching private property without notice
IV. foreign intelligence collection |
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| The USA Patriot Act allows |
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