Aadi's WE THE PEOPLE QUIZ ON LANDMARK COURT CASES AND BILL OF RIGHTS

1st Amendment

Protects five freedoms—speech, religion, press, assembly, petition. Bans laws establishing religion or blocking free exercise. Rights apply to everyone in the U.S. from birth.

Primary Free Speech Limits

Speech not protected: obscenity (Miller Test), incitement, true threats, child pornography, fighting words.

Hate Speech

Protected unless it incites violence or crime; hate crime penalties are separate.

Strict Scrutiny

Government restrictions must clear 'strict scrutiny' if fundamental rights involved.

Lemon v. Kurtzman (Lemon Test)

The law must have a secular purpose, its effect must neither advance nor inhibit religion, and avoid excessive government-religion entanglement.

Miller v. California (Miller Test)

Must appeal to prurient interests, depict sexual conduct offensively, and lack serious value.

Tinker v. Des Moines (1969)

Students wore black armbands protesting the Vietnam War. The Court sided with students: they have free speech at school unless it causes 'substantial disruption' to learning.

Engel v. Vitale

Court ruled this violates Establishment—schools can't organize official prayers.

Wisconsin v. Yoder

The Court said Wisconsin couldn't force Amish parents to send kids to public school past 8th grade—the right to free exercise outweighed the state's interest in schooling.

Compelling State Interest

The government needs a truly important reason—like public safety—to restrict fundamental rights.

2nd Amendment

Protects individual right to keep and bear arms. Government may regulate (for safety), but not ban private gun ownership.

McDonald v. Chicago

Court ruled that the right to bear arms also applies to states (via the 14th Amendment Due Process), so Chicago's ban was unconstitutional.

3rd Amendment

No soldiers quartered in homes without consent—especially in peacetime.

4th Amendment

Bans unreasonable searches/seizures. Police need probable cause and a specific warrant—except in limited circumstances.

Probable Cause

Strong evidence of a crime needed for most searches.

Reasonable Suspicion

Lower standard than probable cause, applies in schools.

Exclusionary Rule

Illegally obtained evidence cannot be used in court (established in Mapp v. Ohio).

New Jersey v. T.L.O. (1985)

Court ruled schools only need 'reasonable suspicion,' not full probable cause, for searches—schools act as 'in loco parentis' (like parents).

5th Amendment

Right against self-incrimination ('plead the Fifth'). No double jeopardy. Right to due process. Government can't take property for public use without compensation. Federal cases require grand jury indictment.

6th Amendment

Right to speedy and public trial. Impartial jury, know charges, confront witnesses, compel witnesses, have a lawyer—even if you can't afford one (see Gideon v. Wainwright).

7th Amendment

Guarantees jury trial in federal civil cases (over $20); preserves distinction between judge (law) and jury (facts). Courts rarely overturn jury fact-finding.

8th Amendment

Bans excessive bail and cruel/unusual punishment. Limited some death penalty practices and abusive fines.

9th Amendment

Clarifies that rights not listed are still protected. Invoked for privacy (Griswold v. Connecticut), travel, voting, personal decisions.

10th Amendment

Powers not given to federal government or banned from states stay with states/people. Vital to debates about federal vs. state laws today (medical marijuana, education, etc.).

Miranda v. Arizona

Supreme Court ruled police must inform suspects of their rights before questioning—Miranda Rights (right to remain silent, have an attorney).

Due Process

'Procedural' (fair legal steps) vs. 'Substantive' (protection of fundamental rights from unfair laws). Present throughout Bill of Rights.

Privacy

Not explicitly mentioned but implied by 3rd, 4th, 5th, and 9th Amendments. Griswold v. Connecticut recognized privacy for marital decisions.

School Rights and SCOTUS

Courts found students' rights are limited at school due to need for order and safety (Tinker, New Jersey v. TLO, Bethel v. Fraser).