Term
| Establishment Clause (1st) |
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Definition
| protection from religion, separation of Church and State |
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| Free Exercise Clause (1st) |
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Definition
| freedom to believe in any religion, limitations can be placed on practice |
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| Religion in Schools (1st) |
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Definition
| released time, prayer, in school, teaching of evolution, study of religious texts |
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Definition
| Purpose of state aid must be clearly non-religious, must not advance nor inhibit religion, must avoid entanglement of government and religion |
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Term
| What is not protected by speech? (1st) |
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Definition
| fighting words, offensive speech, seditious speech, obscenity, child pornography, libel, slander |
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Term
| Clear and Present Danger Test (1st) |
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Definition
| speech is not protected if it is intended to bring about immediate danger to others |
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Term
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Definition
| The average person does not feel that the work as a whole "appeals to the prurient interest" tending to excite lust, work does not describe sexual conduct in an offensive way, work has literary, artistic, political, or scientific value |
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Term
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Definition
| expression by conduct; not all conduct is considered speech |
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Term
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Definition
| government cannot ban spoken or written words before they are expressed (they can punish afterwords however) |
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| Freedom of Assembly (1st) |
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Definition
| can be done on public property, government can make rules regulating time, place, and manner. rules have to be content- neutral |
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Definition
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Definition
| protected against unlawful searches and seizures; drug testing, wiretapping, searches of cars |
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Definition
| anything obtained illegally cannot be used in court |
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Term
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Definition
| reasonable suspicion of a crime. Police need a warrant unless the evidence is in plain view |
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Definition
| rights of the accused, grand jury, self-incrimination, double jeopardy, right to privacy |
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Definition
| Speedy trial, trial by jury, public trial, right to counsel, witnesses, right to hear charges brought against you |
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Definition
| No excessive bails or fines, no cruel and unusual punishment |
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Definition
| Due Process at the state level |
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Term
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Definition
| Court struck down PA law that provided for reimbursements to private schools for teacher salaries, books, and teaching materials in non-religious courses because it created an entanglement of government and religion |
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Term
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Definition
| court ruled that an attorney must be provided to a defendant who cannot afford one |
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Term
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Definition
| convictions cannot be upheld if the suspect has not been informed of their constitutional rights |
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Definition
| Court struck down existing state laws that gave too much power to the judge or jury deciding the death penalty |
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Term
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Definition
| Court ruled that punishment of death does not violate the constitution |
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| Court upheld a PA school board's decision to require students to salute the flag |
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Term
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Definition
| Court ruled that the state violated a protester's right by prosecuting him for burning an American flag during an anti-Reagan demonstration |
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