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| Legal Constitutional protections against the government |
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| First 10 Amendments of the Constitution which define basic liberties |
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| Which branch of government handles disputes over civil liberties? |
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| Establishes 4 great liberties: press, speech, religion, assembly |
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| Upheld that the Bill of Rights restrained only the national government, not states/cities |
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| Upheld that freedoms of press and speech are fundamental human rights and are protected by the Due Process Clause of the 14th Amendment and therefore protected from state/city governments |
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| Instituted after the Civil War, this upheld that "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens" and that states shall not "deprive any person of life, liberty, or property |
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| Part of 14th Amendment guaranteeing that people cannot be deprived of life, liberty, or property without due process of law |
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| Legal concept under which the Supreme Court nationalizes the Bill of Rights by making most of it applicable to states through the 14th Amendment |
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| Who was the chief justice who applied the incorporation doctrine during the 1960s? |
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| What are the two elements in the 1st Amendment that refer to freedom of religion? |
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1. Establishment Clause
2. Free Exercise Clause |
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| States that "Congress shall make no law respecting an establishment of religion" |
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| Prohibits government from interfering with the practice of religion |
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| Established that aid to church-related schools must (1) have a secular legislative purpose; (2) neither advance nor inhibit religion; (3) not foster excessive government entanglement with religion |
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| Upheld that a state can provide families with vouchers that can be used to pay for tuition at religious schools |
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| Held that state officials violated the 1st Amendment when they wrote a prayer to be recited by schoolchildren |
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| School District of Abington v. Schempp |
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| Established that laws requiring Bible reading in schools violated the establishment clause |
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| Employment Division v. Smith |
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| Granted that state laws interfering with religious practices, but not aimed at a specific religion, are constitutional |
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| When a government prevents material from being published; is usually unconstitutional |
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| Upheld that the press is protected from prior restraint |
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| When can prior restraint be legal? |
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1. National security
2. School officials regulating newspapers |
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| Upheld the conviction of a socialist who urged men to resist the draft during WWI because it provoked "a clear and present danger" |
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| The Court has found that it is ______ to advocate the violent overthrow of the government in the ________, but not actually to incite anyone to imminent lawless action. |
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| Upheld that the Nixon administration had no right to use prior restraint as a way to prohibit the publication of important Pentagon papers |
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| Zurcher v. Stanford Daily |
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| Required that a search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the 1st Amendment |
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| The Court has _______ upheld a restriction on the press in the interest of a fair trial. |
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| Ruled that obscenity is not constitutionally protected |
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| Avoided defining obscenity by requiring that community standards be used to determine whether material is obscene or not, by judging if it appeals to a "prurient interest," is "patently offensive," and lacks value |
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| Publication of false or malicious statements with the intent of damaging someone's reputation |
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| New York Times v. Sullivan |
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| Held that public officials could win libel suits if they proved that the defamatory statements were made with actual malice and reckless disregard for the truth |
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| Clarified that symbolic speech is constitutionally protected |
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| Communication in the form of advertising; it can be restricted more than other kinds of speech |
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| Miami Herald Publishing Co. v. Tornillo |
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| Limited government's powers to restrict print media by holding that a state could not force a newspaper to print replies from candidates it criticized |
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| Red Lion Broadcasting Co. v. Federal Communications Commission (FCC) |
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| Allowed restrictions on broadcast media to be tighter than print media because there are only a limited number of broadcasting frequencies available |
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| What are some restrictions regarding peoples' right to peaceably assemble? |
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| Skokie's ordinance forbidding Nazi supporters from marching in a parade is unconstitutional |
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| Protected the right to assemble peaceably when the Court ruled that the NAACP was not required to reveal its membership list to the public |
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| What are some restrictions on the right to bear arms? |
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1. Concealed weapons can be illegal
2. Possession of firearms by felons/mentally handicapped
3. No-gun zones, such as schools |
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| Why were defendant's rights originally included in the Bill of Rights? How is this different from today? |
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| Meant to protect people from political arrests; today, they are used in criminal cases |
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| Situation that occurs when police has reason to believe that a person should be arrested |
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| Unreasonable Search and Seizure |
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| Obtaining evidence in a haphazard manner, a practice prohibited by the 4th Amendment |
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| What makes search and seizure legal? |
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1. Probable cause
2. Search warrant |
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| Written authorization from the court legalizing police searches |
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| Evidence, no matter how incriminating, cannot be used in a trial if it was illegally obtained |
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| Used the exclusionary rule and applied protection against unreasonable search and seizure to state governments |
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| Search warrants are NOT necessary if there is ______ _______. |
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| What are some exceptions to the exclusionary rule? |
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1. Police made an honest mistake
2. Result of a clerical error
3. If its discovery eventually would have happened |
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| Broadened powers of police searches and seizures on suspected terrorists |
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| Protects the rights of persons accused of crimes from self-incrimination, and punishment without due process of law |
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| When the accused is compelled to be a witness against himself in court |
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| Required that, during an arrest, the suspect is read his rights to remain silent, have counsel present, etc. |
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| What are two things the 5th Amendment prohibits? |
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1. Coerced confessions
2. Coerced crimes (entrapment) |
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| When law enforcers encourage people to commit crimes that they would otherwise not commit |
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| Protects people accused of crimes by stating their right to counsel, confront witnesses, and a speedy and public trial |
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| Held that anyone accused of a felony where imprisonment may be a punishment has the right to counsel, no matter their financial status |
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| Bargain struck between the defendant's lawyer and the prosecutor requiring that the defendant plead guilty to a lesser crime in exchange for the state's promise not to prosecute the defendant for a more serious crime |
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| Forbids cruel and unusual punishment |
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| Does the death penalty constitute as cruel and unusual punishment? |
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| Court overturned Georgia's death penalty law because it was deemed to be applied randomly |
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| Upheld the death penalty by saying it's an extreme sanction for extreme crimes |
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| Upheld that the death penalty is constitutional, even though minority defendants are more likely to receive it than White defendants |
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| What is the general trend for executions? |
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| Right to a private personal life free from intrusion of the government |
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| Is there a right to privacy in the Bill of Rights? |
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| Ruled that several amendments implied a person's right to privacy |
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| What is the biggest right to privacy issue currently? |
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| Decided that abortion was legal during the first trimester of pregnancy |
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| Planned Parenthood v. Casey |
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| Loosened standards for restricting abortion from one of "strict scrutiny" to one of "undue burden" that permits considerably more regulation |
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| Freedoms listed in the _____ Amendment are essential to American ________. |
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