Constitutional Law Unit 1

Amendment

one of the provisions of the US Constitution enacted after the original Constitution became law

Due Process

the idea stated in the 5th and 14th amendments that every person involved in a legal dispute is entitled to a fair hearing or trial

equal protection

a constitutional requirement of the 14th amendment that protects individuals against unlawful discrimination by the government

balancing test

used by judges to resolve legal issues by weighing the interests in conflict and deciding which is of higher importance

obscenity

a general term applied to anything that is lewd, indecent, or immoral

defamation

written or spoken expression about a person that is false and damages that person's reputation

slander

spoken expression about a person that is false and damages that person's reputation

libel

written expression about a person that is false and damages that person's reputation

commercial speech

speech that is directed at buying or selling of goods and services

fighting words

a legal term applied to words that are spoken face to face and are so abusive that they are likely to cause a fight

clear and present danger test

a test formerly used by courts to restrict speech when the government thought the speech would create an immediate danger or serious harm

incitement test

a method used by courts to determine whether to restrict or punish expression based on its potential to cause unlawful behavior

hate speech

bigoted speech attacking or disparaging a social or ethnic group or a member of such a group

public forum

any place such as a park or street where first amendment expression rights are traditionally exercised

symbolic speech

conduct that expresses an idea

vagueness

indefiniteness, uncertainty, imprecision; not clear or specific-too broad or general

censorship

the denial of freedom of speech or expression

gag order

a court order prohibiting public reporting on a case currently before the court

prior restraint

any effort to censor a publication before it goes to press

penological

of or relating to the criminal corrections process

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

Bethel School District v. Fraser (1986)

Gave public school officials the authority to suspend students for speech considered to be lewd or indecent

School District v. Kuhlmeier (1988)

Affirmed that school administrators could censor official school publications

Texas v. Johnson (1989)

Flag-burning is symbolic speech with a political purpose and is protected by 1st Amendment.

Morse v. Frederick (2007)

Upholds the authority of public school administrators to suspend students for promoting illegal drugs at a school event (Bong Hits for Jesus)

Island Trees School District v. Pico (1982)

Limited a school board's powers to remove books from its school library

Hurley v. Irish-American GLBG of Boston 1995-EXPRESSIVE ASSOCIATION

The Court ruled that private organizations were permitted to exclude groups

Mahanoy Area School District v. B.L. (2021)

The First Amendment limits but does not entirely prohibit regulation of off-campus student speech by public school officials, and, in this case, the school district's decision to suspend B.L. from the cheerleading team for posting to social media vulgar language and gestures critical of the school violates the First Amendment.

Hazelwood School District v. Kuhlmeier (1988)

Affirmed that school administrators could censor official school publications