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Follow V New York
A 1925 Supreme Court case that incorporated the First Amendment, applying free speech protections to state governments.
Due Process
A constitutional guarantee (in the 5th and 14th Amendments) that the government must follow fair procedures before depriving a person of life, liberty, or property.
Incorporation Doctrine
The legal concept that applies the Bill of Rights to the states through the 14th Amendment’s Due Process Clause.
Establishment Clause
Part of the First Amendment that prohibits the government from establishing an official religion.
Free Exercise Clause
A First Amendment provision that protects individuals’ rights to practice their religion freely.
Engel v Vitale
A Supreme Court case that ruled school-sponsored prayer in public schools unconstitutional.
Prior Restraint
Government action that prevents speech or publication before it occurs, generally unconstitutional under the First Amendment.
Shenck v Us
A Supreme Court case that upheld restrictions on free speech during wartime, introducing the “clear and present danger” test.
Libel
Written false statements that damage someone’s reputation.
Right to Privacy
An implied constitutional right protecting personal autonomy, including issues like contraception and abortion.
Plea Bargining
An agreement in which a defendant pleads guilty to a lesser charge in exchange for a lighter sentence.
Symbolic Speech
Nonverbal expression (e.g., protests, flag burning) that is protected under the First Amendment.
Exclusionary Rule
A legal principle that prevents illegally obtained evidence from being used in court
Gideon V Wainwright
A 1963 Supreme Court case that ruled states must provide attorneys for defendants who cannot afford one.
Civil Liberties
fundamental rights and freedoms protected from government interference, typically outlined in the Bill of Rights. They include freedoms such as speech, religion, privacy, and due process.