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| the fundamental individual rights of a free society such as freedom of speech and the right to a jury trail which in the united states are protected by the bill of rights |
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| the first 10 amendments to the constitution. |
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| of the 14th amendment that has been used by the judiciary to apply bill of rights protections to the actions of state governments |
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| the process by which certain of the rights contained in the bill of rights become applicable through the 14th amendment to actions by the state government |
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| americans freedom to communicate their views the foundation of which is the 1st amendment rights of freedom of conscience, speech, press, assembly, and petition |
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| You are free to say almost anything except that which is obscene, slanders another person, or has high probability of inciting others to take imminent lawless action. |
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| you are free to write or publish almost anything except that which is obscene, libels another person, seriously endangers military action or national security, or has a high probability of inciting others to take imminent lawless action |
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| you are free to assemble, although government may regulate the time and place for reason of public convenience and safety, provided such regulation are applied evenhandedly to all groups |
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| you are protected from having the religious beliefs of others imposed on you, and you are free to believe what you like |
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| a test devised by the supreme court in 1919 to define the limits of free speech in the context of national security. according to the test, the government cannot abridge political expression unless it presents a clear and present danger to the nation's security |
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| government prohibition of speech or publication before the fact, which is presumed by the courts to be unconstitiutional unless the jurisdiction for it is overwhelming |
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| spoken falsehoods that damage a person's reputation |
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| the first amendment provision stating that government may not favor one religion over another or favor religion over religion, and prohibiting congress from passing laws respecting the establishment of religon |
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| a three part test to determine whether a law relating to religion is valid under the religious establishment clause. to be valid, a law must have a secure purpose, serve neither to advance nor inhibit religion, and avoid excessive government entanglement with religion |
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| a first amendment provision that prohibits the government from interfering with the practice of religion |
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| a right implied by the freedoms in the bill of rights that grants individuals a degree of personal privacy upon which government connot lawfully intrude. the right gives individuals a level of free choice in areas such as reproduction and intimate relations |
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| the constitutional requirement that government must follow proper legal procedures before a person can be legitmately punished for an alleged offense. |
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| the legal principle that government is prohibited from using in trials evidence that was obtained by unconstiutional means |
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| the legal principle that otherwise excludable evidence can be admitted in trial if police believed they were following proper procedures |
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| the legal principle that otherwise excludable evidence can be admitted in trial if discovered in plain sight in the process of arresting a suspect for another infraction |
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| inevitable discovery exeption |
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| the legal principle that otherwise excludable evidence can be admitted in trial if police would eventually have discovered the evidence by other means |
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| the national government as the power to regulate |
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| which is reserved for regulation by the states |
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| the court ruled decisively in favor of national authority. The supreme court rejected maryland's position of taxing the national bank |
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| 1824. court rejected a new york law granting one of its residents a monopoly on a ferry that operated between new york and new jersey, concluding that new york had encroached on congress power to regulate commerce among states. |
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| 1857. a slave who applied for freedom when his master died--the missouri compromise of 1820 made slavery illegal in a free state or territory. Supreme court ruled that slaves where property and where barred from citizenship |
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| 1896. adolph plessy was a black man who had been convicted of violating a louisiana law that required white and black citizens to ride in separate railroad cars. separate but equal ruling. |
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| 1918. federal law that prohibited the interstate shipment of goods produced by child labor. the law had pubic support in that factory owners were exploiting children, working them for long hours at low pay. the court invalidated the law, ruling the 10th amendment gave the states, and not the federal government, the power to regulate factory practices. |
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| 1905. the court had blocked states from regulating labor practices concluding that such action violated factory owners property rights |
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| schecter poultry corp v united states |
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| the supreme court declared the national industry recovery act to be unconstititional |
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| brown v board of education |
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| the supreme court held that states could not force black children to attend public schools separate from those for white children |
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| the court cited the 10th amendment in striking down a federal law that prohibited the possesion of guns within one thousand feet of a school. |
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| the supreme court held that age discrimination, unlike racial and sexual discrimination, is not among the rights guaranteed under the constitition and that states are not bound by federal law in deciding the age policies that apply to their own employees |
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