gov unit 5 official

freedom of assembly

the right to hold meetings, sit-ins, strikes, rallies, events or protests, both offline and online.

 *NYT v. US* (1971)

elsberg secretly published the pentagon papers and court ruled that the prior restraint to release the papers was unconstit. 

espionage act 1917

forbade conduct undermining the war effort

8th amm

cruel and unusual punishments.

slander

an untrue spoken expression that injures a person’s representation. 

prior restraint

the suppression of material prior to publication on the grounds that it is harmful or might endanger national security.

bill of rights

a list of fundamental rights and freedoms that individuals posses. The first 10 amendments to the US constitution are referred to as the bill of rights.

enumerated rights

powers explicitly granted to the national government through the constitution; also called expressed. 

civil liberties

fundamental rights and freedoms protected from infringement by the government. 

federalism

the sharing of power between the national government and the states.

RAPPS

Religion, assembly, press, preittion, speech

selective incorporation

the process through which the supreme court applies fundamental rights in the bill of rights to the states on a case by case basis.

due process clause

clause in the 14th ammendment that restricts state govs from denying citizens their life, liberty, or property without legal safeguards. 

14th amendments

nor shall any State deprive any person of life, liberty, or property, without due process of law

free exercise

 1st amendment protection for the rights of individuals to exercise and express their religious beliefs. 

establishment clause

1st amendment protection against the government requiring citizens to join or support a religion. 

freedom of expression

a fundamental right affirmed in the 1st amendment to speak, publish, and protest. 

symbolic speech

protected expression in the form of images, signs, and other symbols. 

libel

an untrue written statement that injured a person's representation.

hate speech

Expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation

Obscenity and pornography

words, images, or videos that depict sexual activity in an offensive manner and that lack any artistic merit. 

procedural due process

a judicial standard requiring that fairness be applied to all individuals equally. 

warrant

a document issued by a judge authorizing a search. 

Probable cause

reasonable belief that a crime has been committed or that there is evidence indicating so.

exclusionary rule

a rule that evidence obtained without a warrant is inadmissible in court.

grand jury

a group of citizens who, based on the evidence presented to them, decide whether a person should be indicted and subsequently tried in a court of law. 

double jeopardy

protests an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction. 

miranda rights

the right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals in custody suspected of criminal activity. 

bail 

an amount of money posted as a security to allow the charged individual to be freed while awaiting trial.

unenumerated rights

rights not listed in the Constitution or constitutional amendments are implied. (9 and 10)

1st ammendment

Freedom of religion, assembly, petition, press, speech.

2nd amm

 Right to keep and bear arms in order to maintain a well regulated militia.

3rd amm

No quartering of soldiers

4th amm

Freedom from unreasonable searches and seizures.

5th amm

Right to due process of law, freedom from self-incrimination, double jeopardy.

6th amm

Rights of accused persons, e.g., right to a speedy and public trial.

7th amm

Right of trial by jury in civil cases.

9th amm

individuals have rights in addition to those expressed in 1-8

10th amm

basis for federalism, reserved powers for the states.

*Gitlow v. New York* (1925)

writing and protesting against American involvements in WW1. arrested during the police raids. Argued the NY law had violated his rights of due process under the 14th amendment but lost. 

*Lemon v. Kurtzman* (1971)

diff salaries for religious subject teachers vs non religious subject teachers. 

*Engel v. Vitale* (1962)

court ruled that a school sponsored prayer violated the 1st amm establishment clause.

*Wisconsin v. Yoder* (1972)

amish only sent kids to school until 14 but Wisconsin's age limit is 16. Violated the free exercise clause. 

Schenk v. US (1919)

espionage act forbade conduct undermining the war effort and he publish 7,000 documents undermining war. SC ruled that he didnt have 1st amm free speech rights bc he violated the espionage act. 

*Brandenburg v. Ohio* (1969)

KKK hosted speech and threatened ohio but it was ok bc his words didn’t result in immediate action. 

*Tinker v. Des Moines Independent Community School District* (1969)

court ruled that students could wear wristbands bc didn’t interfere with learning. 

*Morse v. Frederick*  (2007)

 First Amendment does not prevent school administrators from restricting student expression

DC V Heller (2008)

SC overturned DC ban on indiv handgun ownership

Mcdonald V Chicago (2010)

 sc overturned chicago ban on indiv handgun ownership

*Gideon v. Wainwright* (1963)

created law that any case, not just capital crimes, have the right to an attorney.

*Griswold v. Connecticut* (1969)

the Court ruled that the Constitution did in fact protect the right of marital privacy against state restrictions on contraception.

Penumbra theory

the constitution shines a light on our enumerated rights.