Chapter FOUR

The First Amendment

Protects freedom of religion, speech, press, assembly, and petition.

Establishment clause

First Amendment clause stating the government cannot create or favor an official religion.

Free exercise clause

First Amendment clause protecting your right to practice any religion you choose.

Civil liberties

Individual freedoms protected from government interference, like free speech or religion.

Due process clause

Constitutional requirement that the government follow fair laws before taking life, liberty, or property.

Selective incorporation

Process applying parts of the Bill of Rights to state governments through the 14th Amendment.

Lemon v. Kurtzman (1971)

Established the three-part "Lemon Test" to check for establishment clause violations.

Schenck v. United States (1919)

Established the "clear and present danger" test for restricting speech.

Symbolic speech

Non-verbal actions that express a political or social message.

Texas v. Johnson (1989)

Ruled that burning the American flag is protected symbolic speech.

Prior restraint

Government censorship of speech or publication before it actually happens.

New York Times v. Sullivan (1964)

Ruled public officials must prove "actual malice" to win a libel case.

Obscenity

Unprotected content that lacks serious literary, artistic, political, or scientific value.

Tinker v. Des Moines (1969)

Ruled symbolic student speech is protected at school unless it disrupts learning.

Search warrant

Judge-signed legal document allowing police to search a specific place.

Reasonable expectation of privacy

The right to privacy in situations where one expects not to be watched or searched.

Probable cause

Reasonable grounds or evidence needed to get a warrant or make an arrest.

When can government restrict religious practices?

When the practice violates a law protecting public safety, health, morals, or order.

Permitted religious activities in public schools

Student-led prayer groups, religious clothing, and academic study of religion.

Prohibited religious activities in public schools

School-sponsored prayer, teacher-led prayer, or forced student participation.

Exclusionary rule

Rule preventing illegally obtained evidence from being used in court.

Double jeopardy

Fifth Amendment protection against being tried twice for the same crime.

Pre-trial rights

Right to know charges, right to a lawyer, and protection from unreasonable searches.

Trial rights

Right to a speedy, public trial by jury and to confront witnesses.

Post-trial rights

Protection from cruel and unusual punishment, and the right to appeal.

Self-incrimination

Being forced to testify against yourself, protected by the 5th Amendment.

Eminent domain

Government power to take private property for public use with fair compensation.

Gideon v. Wainwright (1963)

Ruled that states must provide a free lawyer to defendants who cannot afford one.

The right to privacy

An implied constitutional right protecting personal choices from government intrusion.

When can the government restrict speech?

When speech causes clear danger, incites violence, is obscene, defamatory, or a true threat.

Libel

Written false statements that damage someone's reputation.

Slander

Spoken false statements that damage someone's reputation.