Civil LIberties

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1st Amendment

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30 Terms

1

1st Amendment

Freedom of speech, press and religion

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2

Civil Liberties

Protections of people from government

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3

Free exercise Clause

The government can’t impede a citizen’s freedom to worship (or not worship)

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4

Constitutional (Selective) Incorporation

Doctrine saying that the Bill of Rights is applicable to state, as well as federal, government

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5

9th Amendment

Protects rights that aren’t explicitly stated in the constitution

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6

4th Amendment

Forbids unreasonable search and seizure, requires warrants

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7

Probable Cause

Needed to obtain a search warrant

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8

Exclusionary Rule

Says that illegally obtained evidence can’t be admitted and used in trial

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9

Establishment Clause

The government can’t establish a national or official religion, or prioritize one over another

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10

Endorsement and Coercion

Concerns in establishment clause about school prayers

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11

Political Speech

Type of speech given the most constitutional protection

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12

Schenck v Us (1919)

Established need for clear + present danger (can’t yell “fire” in a crowded theater)

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13

NYT Company V US (1971)

Limits government ability to exercise prior restraint when censoring press releases

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14

Wisconsin v Yoder (1971)

Struck down law forcing Amish kids to attend school past 9th grade (free exercise clause)

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15

Engel v Vitale (1962)

Court outlawed prayer in public school classrooms

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16

Tinker v Des Moines (1969)

Set precedent that student symbolic speech can only be restricted if it causes material and substantial disruption

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17

McDonald v Chicago (2010)

Decided that the right to bear arms applies to states as well (selective incorporation)

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18

Hazelwood v Kuhlmeier (1988)

School can limit student speech if legitimately concerned about student safety/ privacy

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19

Lee v Weisman (1992)

Clergy-led prayer at student ceremonies (graduation) is unconstitutional

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20

Vernonia v Acton (1995)

Random student athlete drug testing isn’t a violation of the 4th amendment because government interest in student safety trumps a minimal intrusion of student privacy

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21

New Jersey v TLO (1985)

School officials only need reasonable suspicion (not probable cause) to search a student

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22

Morse v Frederick (2007)

Restricted student speech encouraging drug use

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23

Santa fe v Doe

Outlawed student-led prayer before Football games (over PA speaker)

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24

Stafford v Redding (2009)

Fourth amendment prohibits strip-searching of middle school students

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25

Miranda v Arizona (1966)

Police must inform suspects of their constitutional rights against self-incrimination (miranda rights) during custodial interrogation

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26

Gideon v Wainright (1963)

6th Amendment right to counsel is extended to people accused of felony

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27

Bethel v Fraser (1986)

Lewd, profane, explicit and vulgar student speech can be restricted

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28

West Virginia v Barnette (1943)

Schools cannot force a student to recite the pledge of allegiance

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29

Griswold v Connecticut (1965)

Couples have the right to marital privacy thought the 9th amendment

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30

Barron v Baltimore (1833)

Said the Bill of Rights only applied to national government (no longer true)

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