Bill of Rights (Amendments 1
8)- the first 10 amendments to the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and press and guarantee defendants' rights. They have been subject to selective incorporation, meaning that some of them apply to the states as well as the federal government.
Establishes the four great liberties: freedom of the press, of speech, of religion, of assembly
Right to bear arms
No quartering of soldiers during peacetime. In wartime, soldiers can enter homes but they must follow certain procedures.
Warrants for search and seizure may not be issuesd without probably cause
Designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.
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.
Trial by jury
Forbids cruel and unusual punishment. (The 14th Amendment makes it apply to the states)
the legal constitutional protections against government. Although they are set down in the Bill of Rights, the courts, police, and legislation define their meaning.
communication in the form of advertising. It can be restricted more than many other type of speech but has been receiving increased protection from the Supreme Court.
Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion".
the rule that evidence cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits the use of evidence obtained through unreasonable search and seizure.
Free Exercise Clause
First Amendment provision that prohibits government from interfering with the practice of religion.
test that arose from 1971 Lemon v. Kurtzman. The three part test works with Establishment Clause Cases to determine if a state is trying to establish a religion. The three parts to the test are: does the law have a secular purpose? Does the law have a neutral effect? Does the law promote excessive entanglement between the government and the religious groups? If the results are yes, yes, no, than the law is constitutional.
the publication of false or malicious statements that damage someone's reputation
a bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime.
expressions concerning politics, government, public figures, and issues of public concern. It is protected unless it is intended and likely to create imminent lawless action
government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the U.S., according to the First Amendment.
the situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence.
Right to Privacy
the right to a private personal life free from the intrusion of government
a written authorization from a court specifying the area to be searched and what the police are searching for.
a theory or doctrine of constitutional law that those rights guaranteed by the first eight amendments to the U.S. Constitution that are fundamental to and implicit in the concept of ordered liberty are incorporated into the Fourteenth Amendment's due process clause
defamation by oral utterance rather than by writing, pictures, etc.
Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some types protection under the First Amendment (e.g. Tinker).
Barron v. Baltimore
1883 decision holding that the Bill of Rights restrained only the national government, not the states and the cities.
District of Columbia v. Heller
2008 decision that held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Also, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock is unconstitutional because it makes it impossible for citizens to use arms for the core lawful purpose of self-defense.
Gideon v. Wainwright
1963 decision holding that anyone accused of a felony where imprisonment may be imposed, however poor he or she may be, as a right to a lawyer. (See 6th Amendment).
Gitlow v. New York
1925 decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the 14th Amendment from impairment by the states" as well as by the federal government. Compare with Barron v. Baltimore. Begin to discus due process.
Gregg v. Georgia
1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating, "It Is an extreme sanction, suitable to the most extreme of crimes." the Court did not, therefore, believe that the death sentences constitutes cruel and unusual punishment.
Griswold v. Connecticut
ruled that the Constitution protected a right to privacy. The case involved a Connecticut law that prohibited the use of contraceptives. The Supreme Court invalidated the law on the grounds that it violated the "right to marital privacy". Although the Bill of Rights does not explicitly mention "privacy," it was stated that the right was to be found in the "penumbras" and "emanations" of other constitutional protections. The Ninth Amendment was used to defend the ruling. A concurring opinion was written in which it was argued that privacy is protected by the due process clause of the Fourteenth Amendment.
Hazelwood School District v. Kuhlmeier
1988 case that established that school newspapers are subject to lower level protection than professional papers, and are therefore subject to prior restraint and censorship.
Lemon v. Kurtzman
1971 decision that established that aid to church-related schools must have a secular legislative purpose, have a primary effect that neither advances nor establishes religions, and does not foster excessive government entanglement with religion.
Mapp v. Ohio
1961 Supreme Court decision ruling that the Fourth Amendment's protection against unreasonable searches and seizures must be extended to the states
McDonald v. Chicago
2010 decision that extended the Second Amendment's limits on restricting an individual's right to bear arms to the state and local gun control laws.
Miller v. California
1973 decision that avoided defining obscenity by holding that community standards are used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value.
Morse v. Frederick
2007 decision in which the Supreme Court decided that schools can censor non-disruptive speech if it promotes illegal drug use. You can't say "Bong hits for Jesus" on national tv, dufus.
NAACP v. Alabama
The Supreme Court protected the right to assemble peaceably in this 1958 case when it decided the NAACP did not have to reveal its membership list and thus subject its members to harassment.
Planned Parenthood v. Casey
a 1992 case in which the Supreme Court loosened is standard for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints on a "fundamental right" to one of "undue burden" that permits considerably more regulation.
Roe v. Wade
1973 decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted the states to limit abortions to protect the mother's health in the second trimester, and permitted states to ban abortion during the third trimester.
Schenck v. United States
1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during WWI. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.
Tinker v. Des Moines Independent School District
1965 case where the resulting verdict said you can' suspend students for wearing armbands protesting war. This is symbolic speech and it is included of freedom od speech. Speech that is not disrupted is protected in schools. Also, students do not lose their constitutional rights when they enter a public school.
Wolf v. Colorado
Court held that the Fourth Amendment was applicable to the States through the Due Process Clause of the Fourteenth Amendment, however, the exclusionary rule was not. The Court specified no redressive measures for those whose rights were violated. The Court would address that in the landmark case Mapp v. Ohio (1961).