Amsco-Unit 3 Ch 8 & 9

Bill of Rights

The first ten amendments to the Constitution

Civil Liberties

freedoms to think and act without government interference or fear of unfair legal treatment

Clear & Present Danger

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.

Engel v Vitale

SCOTUS case that banned formal prayer in schools, government would not make any religion the 'official' religion.

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion

Obscene Speech

Depicts sexual conduct in a manner that is "patently offensive" to community standards, and lacks serious artistic, political, or scientific value

Schenck v. United States

1919--Case involving limits on free speech. Established the "clear and present danger" principle.

Symbolic Speech

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.

Tinker v. Des Moines (1969)

Public school students may wear armbands to class protesting against America's war in Vietnam when such display does not disrupt classes

Libel

A written defamation of a person's character, reputation, business, or property rights.

New York Times Co v United States (1971)

Bolstered the freedom of the press, establishing a "heavy presumption against prior restraint" even in cases involving national security

Prior Restraint

government censorship of information before it is published or broadcast

Wisconsin v Yoder

Amish children do not have to go to school until they are 16---they may stop after the 8th grade; ruling supported by the free exercise clause of the 1st Amendment

Free exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Civil Rights

Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals.

Malicious Intent

A person acted willfully or intentionally to cause harm, without legal justification

D.C. v Heller

the 2nd Amendment protects the right of individuals to possess a firearm for personal use; specifically, there is a constitutional right to keep a handgun in the home for self defense; Selective Inc case

Writ of Assistance

a search warrant enabling customs officers to enter any location to look for evidence of smuggling

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Fourth Amendment

Protects against unreasonable searches and seizures.

McDonald v Chicago

Incorporated the 2nd Amendment right to bear arms to the states

Wall of Separation

court ruling that government cannot be involved with religion