Civil LIberties

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1st Amendment

1st Amendment

Freedom of speech, press and religion

Civil Liberties

Protections of people from government

Free exercise Clause

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

Constitutional (Selective) Incorporation

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

9th Amendment

Protects rights that aren’t explicitly stated in the constitution

4th Amendment

Forbids unreasonable search and seizure, requires warrants

Probable Cause

Needed to obtain a search warrant

Exclusionary Rule

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

Establishment Clause

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

Endorsement and Coercion

Concerns in establishment clause about school prayers

Political Speech

Type of speech given the most constitutional protection

Schenck v Us (1919)

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

NYT Company V US (1971)

Limits government ability to exercise prior restraint when censoring press releases

Wisconsin v Yoder (1971)

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

Engel v Vitale (1962)

Court outlawed prayer in public school classrooms

Tinker v Des Moines (1969)

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

McDonald v Chicago (2010)

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

Hazelwood v Kuhlmeier (1988)

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

Lee v Weisman (1992)

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

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

New Jersey v TLO (1985)

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

Morse v Frederick (2007)

Restricted student speech encouraging drug use

Santa fe v Doe

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

Stafford v Redding (2009)

Fourth amendment prohibits strip-searching of middle school students

Miranda v Arizona (1966)

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

Gideon v Wainright (1963)

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

Bethel v Fraser (1986)

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

West Virginia v Barnette (1943)

Schools cannot force a student to recite the pledge of allegiance

Griswold v Connecticut (1965)

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

Barron v Baltimore (1833)

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