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Bill of Rights
The first Ten Amendments that gives rights to individuals
14th Amendment
Amendment that gives equal protection to citizens under state law
Due process clause
prevents the government from taking away individual liberties without the process of law (Legal proceedings)
designed to protect citizens from actions taken by state government, counties, towns, and cities.
equal protection clause
no state cannot deny equal protection under the law to anyone
Selective incorporation
a doctrine that ensures states cannot enact laws that deny citizens from the Bill of Rights
case-by-case approach to see what Bill of rights applies to states
1st Amendment
The amendment that protects, religion, speech, assmebly, petition, and press
Schneck vs US
Charles____ released pamphlets that told citizens to go against the draft during WWI. He was charged with violating the Espionage Act, which criminalized information that would prevent the success of the United States forces.
SCOTUS declared the Espionage Act did not violate the First Amendment. The clear and present danger test was created. Speech can be limited if it threatens substantive evil and the threat will likely happen.
A case that created the Clear and Present Danger test
Freedom of Speech
Limitations on Free Speech
incitement, defamation, fraud, obscenity, child pornography, fighting words, and threats
Tinker vs Des Moines
Students wore black armbands to show disdain over the Vietnam War.
SCOTUS ruled it did not violate the 1st Amendment. The students were not disrupting the normal operations of the school.
Gave students more rights
Freedom of Speech
NY Times vs US
New York Times and The Washington Post tried to publish the Pentagon Papers. However, the government tries to censor this based on prior restraint
SCOTUS ruled in favor of NY and said NY Times’ First Amendment rights were being violated.
Freedom of Press
Prior restraint
the government tries to restrict speech before it happens
NY Times vs Sullivan
The New York Times published an ad that criticized Alabama’s police department’s treatment of civil rights protestors. Not all statements were true and L.B. Sullivan argued that the ad had damaged his reputation and libel.
SCOTUS rules in favor of NYT. They stated NYT was protected under the 1st Amendment. Furthermore, to prove libel, there had to have been an intent of malice and disregard for the truth.
Freedom of Press
Engle vs Vitale
New York required public schools to start the day with a school prayer over the announcements. The law allowed students to absent themselves from this activity if they found it objectionable. Parents sued arguing this violated the 1st Amendment and Establishment Clause.
SCOTUS ruled in favor of the parents, that the law had violated the Establishment Clause.
Freedom of Religion
Wisconsin vs Yoder
Three Amish Families were forced to send their children until the 16. However, the three parents refused as attendance past 8th grade was against their religious beliefs of a simple life. This was brought forth under the Free Exercise Clause
SCOTUS rules in favor of the Amish parents. They had ruled that a high school education would most likely damage the religious upbringing. Furthermore, since the Amish are already well-established, the children would not harm society. The court argued that secondary schooling, which exposes children to attitudes, goals, and beliefs, would harm the children’s religious development.
Freedom of Religion
Lemon Test
A test where the government can only assist religion if:
the primary purpose of the assistance is secular
the assistance must neither promote nor inhibit religion
there is no excessive entanglement between church and state
individual religious rights
Individuals are allowed to practice their religion as long as it does not disrupt the public nor govermental interest.
2nd Amendment
Grants citizens the right to bear arms
controversial with the “a well regulated militia, being necessary to the security of a free state”
The Collective rights theory says that citizens do not have the individual right to possess a gun and possession of guns is left up to local, state, and federal.
Mcdonald vs Chicago
__________ and others challenged a Chicago law that banned new registration of handguns. This was brought under the violation of the Second Amendment. Does the Second Amendment apply to the states because it is incorporated by the Fourteenth Amendment's Privileges and Immunities or Due Process clauses and thereby made applicable to the states?
SCOTUS ruled in favor of Otis and said the Amendment applies to states based on the due process clause.
This case allowed individuals the right to bear arms
4th Amendment
protects people from unreasonable searches and seizures by the government
Mapp v Ohio
_________’s home was found to have obscene material which violated an Ohio law. However, her home was conducted under a warrantless search (the original search was for a fugitive) and therefore illegal.
The Supreme Court ruled in favor of _____. They declared that the search had violated the Fourth Amendment, and thus the evidence found could not be used in state court.
This case ensured that people’s homes were not illegally searched by the government and protected
Created Exclusionary Rule
Exclusionary Rule
prevents the government from using evidence gathered in violation of the United States Constitution or in an illegal search and seizure
Terry vs Ohio
_____and two other men were observed by a plain clothes policeman in what the officer believed to be "casing a job, a stick-up." The officer stopped and frisked the three men, and found weapons on two of them. _______was convicted of carrying a concealed weapon and sentenced to three years in jail.
SCOTUS ruled that the officer was under the Fourth Amendment and that the weapons seized could be introduced into evidence against ________
Stop and frisk
If the police reasonably suspect that the suspect is armed and dangerous, the police may frisk the suspect
Privacy vs Security
involves your right to manage your personal information, and security is the protection of this information
concerns over keeping the U.S. safe against foreign attacks and privacy
NSA and bulk metadata collection - mass wiretaps on phone calls across the control after 9/11. Concern was about terrorism
Public Safety vs Individual Rights
Main concern over gun control and gun ownership. How much control does the government have over public safety before infringing on individual rights?
Patriot Act & US Freedom Act
response to 9/11 and gave police authority to federal, state, and local governments to interdict, prosecute, and convict suspected terrorists
US Freedom Act banned it
5th Amendment
right to jury trial when charged with a crime
guarantees the right to a grand jury (jury that decides if a procedure committed a crime and should have trial)
forbids “double jeopardy” (no one can be prosecuted twice for the same crime)
protects against self-incrimination
protection from the government taking property without compensation
Miranda vs Arizona
_______ was arrested and brought to the police station where he was questioned by police officers in connection with a kidnapping and rape. The police officers admitted that they had not advised _______ of his right to have an attorney present during the interrogation. __________wrote a confession, which was used as evidence, and then found guilty.
SCOTUS found this violated the 5th Amendment. The defendant has to be warned that they have the right to remain silent and that they have the right to an attorney. Known as _________Rights
6th Amendment
gives citizens a series of rights in criminal trials
rights to a fast and public trial by an impartial jury
aware of the criminal charges
confront witnesses during the trial
to have witnesses appear in the trial
right to legal representation
Gideon v. Wainwright
Clarence Earl Gideon was charged with committing a robbery and entering and breaking. However, he could not afford a lawyer and requested that the court provide him with one. The court did not appoint him one as under Florida law, a lawyer is only provided in capital cases.
The Supreme Court ruled in Gideon’s favor. States had to provide free legal assistance in serious trials. Under the 6th Amendment and 14th Amendment, states are required to provide assistance counsel.
Sixth Amendment - Right to Counsel Clause
14th Amendment - Due Process Clause
The effects of this case was that it gave proper defense to any American citizen. It had declared that legal assistance was fundamental and essential to a fair trial.
8th Amendment
prohibits cruel, unusual punishments, “excessive fines/bail”
capital punishment
execution of an offender sentenced to death after conviction by a court of law of a criminal offense
aka Death Punishment
9th Amendment
guarantees that rights that are not specifically written in the Constitution may be retained by the people
Griswold vs Connecticuit
An executive director at Planned Parenthood handed out contraceptives, which was illegal under a Connecticuit law. This was brought forth under the 14th, 1st, 3rd, 4th, 5th, and 9th Amendment
SCOTUS ruled in favor of Griswold, stating that the law had violated the right to privacy. The decision to use contraceptives was a marital privacy. Therefore, the state could not regulate it.
Establishes “Right to Privacy”
Roe v Wade
_______ was denied an abortion under a Texas law, which made abortion illegal.
Freedom of Assembly, Secure in their persons, Elastic clause for individual rights, Due process clause
SCOTUS ruled that the privacy of a woman fell under the 14th Amendment through the Due Process Clause. It also protects a woman’s choice to have an abortion or not. The decision to have an abortion is act of privacy between the woman and her doctor.
Miranda Rights
Legal requirement for offenders to be read their 5th and 6th Amendment rights
Note
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