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Bill of Rights
The first 10 amendments to the U.S. Constitution that protect individual liberties from government infringement.
Incorporation Doctrine (Selective Incorporation)
The process by which the Supreme Court applies parts of the Bill of Rights to the states using the 14th Amendment’s Due Process Clause.
Due Process Clause (14th Amendment)
Prevents states from depriving any person of life, liberty, or property without fair legal procedures.
Equal Protection Clause (14th Amendment)
Requires states to treat individuals equally under the law and prohibits discriminatory government actions.
Establishment Clause
Part of the 1st Amendment; prohibits the government from establishing an official religion or favoring one religion over another.
Free Exercise Clause
Part of the 1st Amendment; protects individuals’ rights to practice their religion without undue government interference.
Time, Place, and Manner Restrictions
Content-neutral limits on speech (e.g., noise limits, parade permits) that regulate how expression occurs, not what is said.
Prior Restraint
Government censorship of speech before it is published. It is generally unconstitutional.
Libel and Slander
Libel: Written false statements that harm a person’s reputation.
Slander: Spoken false statements that harm a person’s reputation.
Obscenity
Speech not protected by the First Amendment, defined by the Miller test (appeals to prurient interests, lacks artistic/political value, etc.).
Clear and Present Danger Test
Standard from Schenck v. U.S. allowing government to limit speech that poses an immediate threat.
Symbolic Speech
Nonverbal expression (e.g., flag burning, armbands) protected by the First Amendment.
Right to Privacy
Not explicitly stated but inferred from several amendments; protects personal autonomy (e.g., contraception, abortion—until Dobbs, etc.).
Miranda Rights
Rights police must inform suspects of during arrest (right to remain silent, right to an attorney), from Miranda v. Arizona.
Exclusionary Rule
Illegally obtained evidence cannot be used in court; from Mapp v. Ohio.
Civil Rights Act of 1964
Outlaws discrimination in public accommodations, employment, and education based on race, color, religion, s3x, or national origin.
Voting Rights Act of 1965
Prohibits voting discrimination; banned literacy tests and required federal oversight of areas with histories of discrimination.
Title IX
Prohibits sex discrimination in educational programs receiving federal funding (often applied to school athletics).
Affirmative Action
Policies aimed at increasing opportunities for historically underrepresented groups, particularly in education and employment.
Brown v. Board of Education (1954)
Ruled racial segregation in public schools unconstitutional; overturned Plessy v. Ferguson (“separate but equal”).
Roe v. Wade (1973)
Recognized a constitutional right to abortion based on privacy (later overturned in Dobbs v. Jackson, 2022).
Gideon v. Wainwright (1963)
States must provide attorneys to defendants who cannot afford one in felony cases.
Tinker v. Des Moines (1969)
Students have free speech rights in school; symbolic speech (black armbands) is protected.
Schenck v. United States (1919)
Established the “clear and present danger” test; upheld limits on wartime speech.
New York Times Co. v. United States (1971)
Limited prior restraint; government couldn’t block the Pentagon Papers’ publication.
McDonald v. Chicago (2010)
Applied the 2nd Amendment (right to bear arms) to the states through selective incorporation.
Engel v. Vitale (1962)
School-sponsored prayer in public schools is unconstitutional (violates the Establishment Clause).
Wisconsin v. Yoder (1972)
Amish families could remove children from school after 8th grade; Free Exercise Clause protected religious practice over compulsory schooling.