Incorporation of the Bill of Rights
a legal doctrine whereby parts of the bill of rights are applied to state and local laws through the 14th amendment's due process clause
due process clause
14th amendment clause stating that no state may "deprive a person of life, liberty, or property without due process of law"
equal protection clause
14th amendment clause that prohibits states from denying equal protection under the law;has been used to combat discrimination
Near v. Minnesota
the 1931 Supreme Court decision holding that the first amendment protects newspapers from prior restraint.
Those rights defined by the Court to be essential to order, liberty, and justice. This is what the court uses to determine if a right should be incorporated.
part of the first amendment stating that "congress shall make no law respecting an establishment of religion."
Engel v. Vitale
upheld establishment clause; prohibited school sponsored prayer in public schools (Warren court)
Lemon v. Kurtzman
Government money can be given to parochial schools provided it is not used in any way to purchase resources that could be used to teach religion.
the Lemon Test
1. purpose is secular 2. can't advance or inhibit religion 3. government isn't entangled in religion
Freedom of Speech
the right to engage in oral, written, and symbolic speech protected by the First Amendment
Limits on Free Speech
indecency, obscene, defamation, fighting words, hate speech, speech that incites legal action
Anti-Governmental and Hate Speech
generally protected unless imminent lawless action is intended and likely to occur
Schenck v. United States
Supreme court decides that any actions taken that present a "clear and present danger" to the public or government isn't allowed, this can limit free speech
Clear and present danger test
law should not punish speech unless there was a clear and present danger of producing harmful or illegal actions
Brandenburg v. Ohio
Court set up a two rule system for determining when the states can overrule free speech. 1) If the speech is directed toward producing imminent violent action, and 2) it is likely to incite or produce such action
Direct incitement test
advocacy of illegal action is protected by the 1st Amendment unless imminent lawless action is intended and likely to occur
New York Times Co. v. Sullivan
A public figure suing a publisher for libel must prove that the publisher published the libelous story knowing it was false
Libel and Slander
(written) (oral) you cannot make false statements in public that might damage a persons reputiation unless you can prove it
Miller v. California
1973 ruling that determined the obscenity clause to related to works that lack literary, artisitic, political or scientific value as determined by the community. (LAPS test)
Obscenity and Pornography
generally not forms of protected speech unless they have some sort of literary, artistic, political or scientific value as determined by the community.
a writ from a court commanding police to perform a specified act; need under the 4th amendment to perform most searches
a reasonable belief that a person has committed a crime, an officer must have "probable cause" to stop a suspect or conduct a warrantless search.
Stop and Frisk= must have probable cause/ Plainview= offense in plain view/ Exigent Circumstances= plain crash, bomb, fire/ Auto exception= car jacking/ National Security
"Stop and frisk"
to "pat down" or search the outer clothing of someone whom the police believe is acting suspicious
a suspicion of criminal acts based on specific facts; less strict than probable cause; allows an officer to frisk for weapons
"knock and announce"
police must knock and announce their presence before entering a house; required unless reasonable belief that doing so would be dangerous
"open fields doctrine"
the 4th amendment does not apply to (open fields) public places or abandoned property because there is no reasonable expectation of privacy.
an amendment to the Constitution of the United States that imposes restrictions on the government's prosecution of persons accused of crimes
Miranda v. Arizona
Supreme Court held that criminal suspects must be informed of their rights prior to being questioned
Good Faith Exception
an error in gathering evidence sufficiently minor that it may be used in a trial (exception to exclusionary rule)
Inevitable Discovery Exception
illegally acquired evidence can be used in court if it would have been eventually discovered through legal means
Weeks v. United States
The 1914 case that said that evidence obtained through an unreasonable search and seizure cannot be used in federal trials. (exclusionary rule)
Mapp v. Ohio
Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)
the constitutional 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.
Right to Counsel
right found in Sixth Amendment; requires criminal defendants to have access to legal representation.
Gideon v. Wainwright
A person who cannot afford an attorney may have one appointed by the government
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Furman v. Georgia
The U. S. Supreme Court ruled that the death penalty, as administered, constituted cruel and unusual punishment in which case
Right to Privacy
the right to be left alone, which has been interpreted by the Supreme Court to entail free access to birth control and abortions
Griswold v. Connecticut
Established that there is an implied right to privacy in the U.S. Constitution
Webster v. Reproductive Health Services
allowed states to ban abortions from public hospitals and permitted doctors to test to see if fetuses were viable
Planned Parenthood of Southeastern Pennsylvania v. Casey
the Court reaffirmed Roe but upheld that states can put restrictions on abortion
In 1976, the Hyde Amendment banned federal Medicaid funding for abortion unless the woman's life was in danger (now includes rape and incest).
Bowers v. Hardwick
criminalization of oral + anal sex=constitutional (overruled by lawrence v Texas)
Boy Scouts of America v. Dale
The boy scouts were allowed to dismiss a gay leader, holding that freedom of association outweighed the New Jersey anti-discrimination statute; forcing BSA to have gays would reduce BSA's ability to express their [bigoted] views