2026 Civil Liberties

The Incorporation Doctrine

I gave you the definition in class.

Who pushed for a Bill of Rights?

Anti-Federalists

Who were the Bill of Rights written to restrict?

The Federal Government

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

What two clauses make up the freedom of religion in the 1st amendment of the Bill of Rights?

Establishment clause and Free Exercise Clause

Establishment Clause

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

Engel v Vitale

NY violated the Establishment Clause with the daily non denomination prayer

Wallace v. Jaffree

Moments of silent prayer at school are unconstitutional---moments of silence are not.

Define the Free Exercise Clause

freedom to practice one's religion of choice without state interference

Wisconsin v. Yoder

Amish do not have to attend school after 8th grade - 1st Amendment's Free Exercise Clause

Thomas Jefferson

Argued that there is a "wall of separation" between church and state

People are free to follow their religious beliefs, but that right is not ______________.

absolute (ex polygamy not allowed, snakes, etc)

Reynolds v United States

declared that free exercise of religion does not include illegal activities like polygamy

Tinker vs. Des Moines Independent School District

Protected some forms of symbolic speech. Ruled that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." Students have conditionally protected speech rights that can be regulated in certain circumstances.

Symbolic Speech

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

Morse v. Frederick

schools can prohibit students from displaying messages that promote illegal drug use. Ex. Bong hits for Jesus (Juneau High School)

Mahanoy Area School District v Brandi Levy

Angry Cheerleader's text was okay.

Brown v. Entertainment Merchants Association

found that violent video games being sold to minors were protected under the 1st amendment's freedom of speech

Explain due process of law

I told you in class how I define it.

What does the 4th amendment guarantee?

security of citizens against unreasonable searches and seizures without a search warrant (Exclusionary Rule)

Define the exclusionary rule

ability of courts to exclude illegally obtained evidence

Miranda v. Arizona

The accused must be notified of their rights (5th Amendment right to be silent) before being questioned by the police. Incorporated to the states through the 14th Amendment's Due Process Clause.

Define the Miranda rule

requirement that prior to police interrogation, persons who are under arrest must be informed of their right to remain silent (found in the 5th Amendment)

What was the Supreme Court ruling in Gideon v. Wainwright in 1963?

people facing imprisonment have the right to an attorney found in the 6th Amendment through the 14th Amendment's Due Process Clause because proper defense is essential to a fair trial

Describe the sixth amendment

right to counsel (attorney)

Describe the 8th amendment

prohibits excessive bail, excessive fines, and cruel and unusual punishment

McDonald v. Chicago

The Court held that the right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the Due Process Clause of the 14th Amendment and applies to the states.

Mapp v. Ohio

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court) through the 14th Amendment's Due Process Clause.

Texas v. Johnson

First Amendment/Freedom of Speech/symbolic speech - flag burning is protected speech

Santa Fe ISD v. Doe (2000)

No student led prayer over speaker system before football games

Kennedy v Bremerton School District

The Supreme Court ruled that the coach's post-game prayer was protected by the First Amendment's Free Exercise Clause because it was private religious expression, not government-endorsed prayer.

Burwell v. Hobby Lobby

The Supreme Court ruled 5-4 in favor of Hobby Lobby, holding that closely held for-profit companies can claim a religious exemption from federal laws that place a substantial burden on their religious beliefs.

Wallace v. Jaffree

Moments of suggested silent prayer at school are unconstitutional---moments of silence are not.

Lindsey Lohan v Pitbull

The lyric was protected free speech under the First Amendment.

It was a non-defamatory statement.

It was considered artistic expression.

It was referencing widely known, publicly reported events.

Depp v Heard

One spouse sued the other for defamation over an op-ed about domestic abuse that he claimed damaged his reputation. A jury found that some statements were defamatory and awarded him damages

Cardi B v. Tasha K

the rapper sued the YouTuber for defamation after she posted videos making false claims about Cardi B's health and personal life. A jury found the statements were defamatory and awarded Cardi B millions of dollars in damages.

Unsworth v. Musk

Vernon Unsworth sued Elon Musk for defamation after Musk called him a "pedo guy" on social media during the Thai cave rescue controversy. A jury ultimately found that Musk's statement did not meet the legal standard for defamation.

Alabama v. White

The Court ruled that the anonymous tip, combined with police verification of predicted future behavior, created enough reasonable suspicion to justify the stop.

Collins v. Virginia

The Fourth Amendment's automobile exception does not permit a police officer without a warrant to enter private property to search a vehicle parked on driveway.

Florida v. Jardines

warrant required to employ police dog to sniff at front door of a house when police suspect drugs

Georgia v. Randolph

If one co-occupant consents but another co-occupant is physically present and expressly refuses, police cannot search.

California v. Ciraolo

It is not an unreasonable search for the police, without a warrant, to conduct surveillance of a fenced backyard from a private plane flying at 1,000 feet.