LAW

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36 Terms

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1st Amendment

Protects freedoms concerning religion, expression, assembly, and the right to petition.

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2nd Amendment

Grants the right to keep and bear arms.

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4th Amendment

Protects against unreasonable searches and seizures without probable cause or a warrant.

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5th Amendment

Protects against self-incrimination and ensures due process of law.

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6th Amendment

Guarantees the right to a fair trial and legal representation.

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8th Amendment

Prohibits excessive bail, fines, and cruel and unusual punishments.

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Establishment Clause

Prevents the government from establishing an official religion or favoring one over others.

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Free Exercise Clause

Protects individuals' rights to practice their religion without government interference.

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Everson v. Board of Ed.

Established that state-provided transportation to religious schools does not violate the Establishment Clause.

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Engel v. Vitale

Ruled that school-sponsored prayer violates the Establishment Clause.

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Lemon v. Kurtzman

Created the “excessive entanglement” test to determine if government actions improperly involve religion.

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Wisconsin v. Yoder

Held that compulsory school attendance laws violated Amish parents' rights under the Free Exercise Clause.

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Time, Place, and Manner Regulations

Allow government to regulate when, where, and how speech occurs, provided restrictions are content-neutral.

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Symbolic Speech

Nonverbal actions that express ideas, which can be protected under the First Amendment.

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Obscenity (Miller Test)

A three-part test to define obscenity, which is not protected by the First Amendment.

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U.S. v. O’Brien

Upheld a conviction for burning draft cards, ruling that the government’s interest in maintaining the draft outweighed free speech rights.

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Cohen v. California

Protected offensive speech on clothing as a form of expression under the First Amendment.

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Texas v. Johnson

Ruled that flag burning constitutes symbolic speech protected by the First Amendment.

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Tinker v. Des Moines

Affirmed that students retain First Amendment rights at school, allowing symbolic speech if it doesn’t disrupt the educational environment.

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Bethel School District v. Fraser

Limited student speech in schools if it is lewd or disruptive.

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Hazelwood School District v. Kuhlmeier

Allowed schools to regulate school-sponsored publications and speech.

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Morse v. Frederick

Held that schools can restrict student speech promoting illegal drug use.

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Schenck v. United States

Established that speech presenting a 'clear and present danger' is not protected.

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Libel

Defamation through false written statements that harm someone’s reputation.

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Prior Restraint

Government action preventing material from being published, typically presumed unconstitutional.

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New York Times Co. v. Sullivan

Protected press against libel claims unless statements were made with actual malice.

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New York Times Co. v. United States

Ruled that prior restraint could not be used to prevent publication of classified information unless it posed a direct threat to national security.

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District of Columbia v. Heller

Affirmed an individual's right to possess firearms unconnected to service in a militia.

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Gregg v. Georgia

Reaffirmed the constitutionality of the death penalty under the 8th Amendment.

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Probable Cause

Sufficient reason based on facts to believe a crime has been committed.

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Warrants

Legal documents authorizing police to conduct a search or seizure.

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Katz v. United States

Established that the Fourth Amendment protects people, not just places, regarding privacy.

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Kyllo v. United States

Held that using thermal imaging to survey a home constitutes a search under the Fourth Amendment.

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Terry v. Ohio

Allowed limited 'stop-and-frisk' searches based on reasonable suspicion.

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Mitchell v. Wisconsin

Upholds that law enforcement may take a blood sample from an unconscious driver suspected of DUI without a warrant.

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Carpenter v. United States

Held that the government generally needs a warrant to access historical cell phone location records.