Court Cases

Schneck v. United States

Speech creating a clear and present danger was not protected by the first amendment and could be limited.

Brown v. Board Of Education

Race based school segregation violates the equal protection clause of the 14th amendment.

Engel v. Vitale

School sponsorship of religious activities violates the establishment clause of the 14th Amendment

Gideon v. Wainwright

the 6th amendment right to attourney extends procedural due process protections to felony defendants in state courts.

Tinker v. des moines independant community school district

A prohibition against public school students wearing black arm bands to protest the vietnam war violated their freedom of speech protetions in 2nd amendment

New York Times Corporation v. United States

bolstered the freedom of press protection in the first amendment, establishing a heavy presumption against prior restraint even when national security is involved

Wisconsin v. Yoder

compelling Amish students to attend school past 8th grade violates the free exercise clause of the first amendment

McDonald v. Chicago

the 2nd amendment right to keep and bear arms fro self defense is applicable to states.

1st Amendment

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

Establishment Clause

Intended to prevent government from involving itself in religion. 

Free Exercise Clause

Intended to prevent government from interfering with individuals practicing of their religion.

What is not protected speech?

• Prior restraint: censorship. The government prohibits the publication of something before it is published.

• Libel: a false written statement attacking someone’s character, with intent to cause harm. 

• Obscenity: not protected speech; hard to define (e.g., pornography) using the Miller Test.

2nd Amendment

right to bear arms

3rd amendment

quartering of soldiers

4th amendment

search and seizures

5th amendment

Grand Jury, Double Jeopardy, Self-Incrimination, Due Process, Takings

6th amendment

Right to Speedy Trial by Jury, Witnesses, Counsel

7th amendment

Jury Trial in Civil Lawsuits

8th Amendment

Excessive Fines, Cruel and Unusual Punishment

9th amendment

Non-Enumerated Rights Retained by People

10th amendment

Rights Reserved to States (or People)

commerce clause

This clause gives Congress the power to regulate commerce (the buying and selling of goods) with foreign nations, several states and Indian tribes

necessary and proper clause

This clause states that Congress isn't limited to the powers that the Constitution itself states but is able to make laws necessary to make sure that their decisions or the powers given to them by the Constitution can be carried out

equal protection clause (14th amend)

This clause is part of the 14th amendment in the US Constitution and it states that no state can deny anyone within its jurisdiction (or territory)

establishment clause (1st amend)

The clause is in the 1st Amendment in the US Constitution and prohibits the establishment of religion by congresses is part of the 14th amendment in the US Constitution and it states that no state can deny anyone within its jurisdiction (or territory)

Due process clause

In this clause the 5th and 14th amendments each contain a due process clause. This clause deals with the administration of justice and acts as a safeguard from unpredictable or random denials of life, liberty or property