bill of rights review

1st amendment

freedom of speech, press, religion, assembly and petition

spoken word

express ideas thru speech

symbolic speech

use of symbols, images and pictures to convey an idea

limits to free speech

slander, libel, hate speech, student speech

slander

a person defames/ruins a persons reputation

libel

a written/published false statement that damages a persons reputation

hate speech

abusive and discriminatory language targeting a group

why is hate speech a limit to free speech

because its language that incites violence, discrimination or threats against others

clear and present danger

a legal standard that allows limiting free speech if it poses a direct threat to public safety or national security

fraser v. bethel

a landmark supreme court case that ruled schools can limit student speech that is lewd or obscene

tinker v. des moines

a landmark supreme court case that ruled schools can limit student speech if its disruptive to the educational process

skokie v. illinois

a landmark supreme court case that allowed a neo-nazi group to march in skokie, despite the offensive nature of their message

texas v. johnson

a landmark supreme court case that ruled the protection of flag burning as free speech

wisconsin v. yoder

a landmark supreme court case that ruled the amish children couldnt be forced to attend school past 8th grade due to religious freedom

united states v. reynolds

a landmark supreme court case that ruled religious freedom doesnt protect illegal practices, such as polygamy

establishment clause

prevents the government from establishing or favoring a religion

free exercise clause

an individuals rights to practice their religion freely without government interference

4th amendment

government cant search or take a persons property without a warrant

what does a warrant need to be issued

probable cause

when a warrant is not needed

plain view, consent, hot pursuit, automobiles, airports and schools

tlo v. new jersey

a landmark supreme court case that ruled schools can search students belongings with reasonable suspicion, not needing a warrant

exclusionary rule

prevents evidence obtained through illegal searches or seizures from being used in court

double jeopardy

prevents being tried twice for the same crime

5th amendment

right to remain silent, right to not testify against self, innocent until proven guilty and a person cant be tried twice for the same crime

miranda v. arizona

the requirement of police to inform suspects of their rights before questioning them (miranda rights)

eminent domain

governments power to take private property for public use with compensation to the owner

6th amendment

a person charged with a crime has the right to a speedy/fair/public trial, right to an impartial jury, right to know accusation and right to a lawyer

gideon v. wainwright

a landmark supreme court case that ruled states must provide a lawyer to defendants who cannot afford one in criminal cases

what was gideon tried for

breaking and entering (petty larceny) into a pool hall in panama city, florida

what did gideon steal

he stole money and alcohol

where was gideon tried

in florida, intially pinellas country

why was gideons case important

it established the right to legal representation for all defendants in criminal cases, regardless of their ability to pay

14th amendment

it prohibited the states from depriving any person of “life, liberty, or property, without due process of law” and from denying anyone within a state’s jurisdiction equal protection under the law

due process

a legal principle that the government must follow fair procedures before depriving a person of life, liberty, or property (ensures that individuals have a right to a fair trial and protection from arbitrary actions)