Preferred Position and First Amendment Rights

Preferred Position

Certain rights hold a special and privileged status.

Prior Restraint

Government actions that prevent speech or expression before it takes place.

Imminent Danger

Speech likely to cause immediate and serious harm.

Neutrality

Government actions should not favor or disfavor any particular religious belief or viewpoint.

Clarity

Laws and regulations affecting civil liberties must be clear and precise.

Least-Restrictive Means

Government should choose the least intrusive means necessary to achieve its compelling interest.

U.S. v. O'Brien

Law prohibiting destruction of draft cards during the Vietnam War.

Texas v. Johnson

Burning the American flag as a form of symbolic speech.

Reynolds v. U.S.

Prosecution of polygamy and religious practices as a defense.

Wisconsin v. Yoder

Tension between compulsory education laws and Amish religious beliefs.

Engel v. Vitale

State-sponsored prayer in public schools violates the Establishment Clause.

Lemon v. Kurtzman

Established the 'Lemon test' for laws regarding religious establishment.

Miranda v. Arizona

Rights of individuals in police custody, Miranda Rights.

Gideon v. Wainwright

Right to legal counsel for indigent defendants in felony cases.

Dickerson v. U.S.

Reaffirmed the Miranda decision, Miranda warnings are constitutionally required.

Wolf v. Colorado

Allowed evidence obtained without informing the defendant of their rights.

Mapp v. Ohio

Applied the exclusionary rule to the states, evidence obtained illegally is inadmissible.

Bowers v. Hardwick

Constitutionality of sodomy laws (anal), no fundamental right to engage in homosexual activity.

Escobedo v. Illinois

Right to counsel during police interrogations.

Civil Liberties

Fundamental rights and freedoms protected by the Constitution.

The Patriot Act

Expanded government's surveillance powers to prevent terrorism.

FISA (Foreign Intelligence Surveillance Act)

Regulates government's surveillance activities concerning foreign intelligence.

NSA (National Security Agency) + Edward Snowden

Intelligence agency responsible for signal intelligence, Snowden leaked classified documents revealing global surveillance programs.

Probable Cause

Reasonable belief that a crime has been or will be committed.

In Plain View Laws

Allows law enforcement to seize evidence visible during a lawful observation.

Miranda Rights

Warnings police must give to suspects in custody.

Good Faith Exception

Exception to the exclusionary rule, evidence obtained through a reasonable and good-faith reliance on a defective search warrant may be admissible.

Search Warrant

Legal document authorizing law enforcement to search a specific location for evidence of a crime.

Exclusionary Rule

Prevents illegally obtained evidence from being used in court.

Sedition Acts

Criminalized false statements critical of the government.

Executive Order 9066

Authorized the internment of Japanese Americans during World War II.

Carson v. Makin

Use of public funds for religious schools.

Allen v. Milligan

Right to legal representation for military personnel during courts-martial.

U.S. v. Rahimi

Charges related to terrorism and the use of a weapon of mass destruction.

NYC Parade Drones

Use of unmanned aerial vehicles (drones) during public events.

Free-Exercise Clause

Protects the right to practice one's religion freely.

Establishment Clause

Prohibits the government from establishing an official religion or favoring one religion over others.

Amendments dealing with civil liberties

First, Fourth, Fifth, Sixth, Eighth Amendments.

Symbolic Speech

Nonverbal expression that conveys a political, social, or artistic message.

Libel

False and damaging written statements about a person.

Obscenity

Material that is offensive or indecent, lacking in socially redeeming value.

False Advertising

Deceptive or misleading statements in promotional materials.

Due-Process Clause

Ensures fair treatment and notice before being deprived of life, liberty, or property.

Freedom of Expression

Broad range of protected activities, including speech, press, assembly, and symbolic speech.

Freedom of Religion

Protects the right to practice one's religious beliefs without government interference.

Clear and Present Danger Test

Allows restrictions on speech that poses a clear and immediate danger to the public.

Wall of Separation Principle

Strict separation between government and religion to prevent the establishment of a state religion.

Erznoznik v. Jacksonville

Constitutionality of a city ordinance prohibiting the showing of films containing nudity visible from public streets.

Greer v. Spock

Restrictions on political speeches and demonstrations on a military base.

Linmark Associates v. Willingboro

Municipal ordinance prohibiting homeowners from displaying 'for sale' signs.

Cox Broadcasting Corp v. Cohn

Privacy rights and media reporting of truthful information obtained from public records.

Miami Herald v. Tornillo

State law requiring newspapers to provide equal space.