unit 3 chap 5 GOV

Bill of Rights

First ten amendments protecting individual freedoms from government.

Civil liberties

Fundamental freedoms government cannot infringe.

First Amendment

Protects religion, speech, press, assembly, petition.

Second Amendment

Protects right to keep and bear arms.

Individual liberty

Personal freedoms free from government interference.

Establishment Clause

Government cannot establish or favor a religion.

Free Exercise Clause

People may practice any religion freely.

Wall Of Separation

Strict division between church and government.

Secular

Nonreligious; unrelated to religion.

Majoritarian

Follows the majority's will or preferences.

Engel v. Vitale (1962)

School-sponsored prayer unconstitutional.

Wisconsin v. Yoder (1972)

Amish exempt from schooling laws for religion.

Tinker v. Des Moines

(1969)

Student armbands are protected symbolic speech.

Symbolic speech

Nonverbal expression protected as speech.

Social Order

Public safety and stability in society.

Defamation

False statements harming reputation

Libel

Written defamation

Slander

Spoken defamation

Obscenity

Offensive sexual content unprotected by First Amendment.

Hate speech

Hostile expression targeting protected groups.

Schenck v. United States (1919)

Speech limited during wartime danger.

"Clear and Present “Danger" test

Speech restricted if causing immediate harm.

New York Times Co. v. United States (1971)

Limited government prior restraint.

Prior restraint

Government blocking publication before release.

National security

Protecting nation from threats.

Eighth Amendment

Bans cruel and unusual punishment.

Cruel and unusual punishment

Excessive, barbaric penalties

Death penalty

Government-allowed execution for serious crimes.

Fourth Amendment

Protects against unreasonable searches and seizures.

Telecommunication metadata

Data about communications, not content.

Selective incorporation

Applying Bill of Rights to states via Fourteenth.

Fourteenth Amendment

Provides due process and equal protection.

Infringement

Violation of rights.

McDonald v. Chicago (2010)

Incorporated right to bear arms to states.

Right to keep and bear arms

Right to own and carry weapons.

Miranda rule

Police must inform rights before questioning.

Fifth Amendment

Protects against self-incrimination, double jeopardy.

Sixth Amendment

Right to counsel, jury, speedy trial.

Writ of Habeas Corpus

Challenge Unlawful detention

Public safety exception

Miranda not required during urgent danger.

Good faith exception

Evidence allowed if police acted reasonably.

Inevitable discovery

Evidence allowed if found anyway.

Civil forfeiture

Government seizes property tied to crime.

Unreasonable search and seizure

Government search without valid

cause.

Probable cause

Reasonable belief crime occurred.

Right to counsel

Right to attorney in criminal cases.

Speedy and public trial

Trial without delay, open to public.

Impartial jury

Unbiased group deciding guilt.

Search warrant

Judge-approved permission to search.

Patriot Act

Expanded surveillance powers

after 9/11.

USA Freedom Act

Limited bulk data collection.

Due Process Clause

Government must follow fair procedures.

Equal Protection Clause

Government must treat people equally.

Gideon v. Wainwright (1963)

States must provide attorneys.

Exclusionary rule

Illegally obtained evidence excluded.

Right to privacy

Implied protection of personal autonomy.

Roe v. Wade (1973)

Protected abortion under privacy rights.