Studied by 76 peopleMiranda v. Arizona
5th Amendment: miranda rights; police reading your rights before you are taken into custody
Gideon v. Wainwright
6th Amendment: right to a lawyer, state courts appoint attorneys for defendants who cannot afford
Texas v. Johnson
1st Amendment (speech): burning the flag (American) is protected expression under the 1st Amendment
Roe v. Wade
14th Amendment: guarantee of “liberty” (due process of law) and how it protects individual privacy which in this case is having the right to an abortion
Nebraska Press v. Stuart
1st Amendment (press): a trial court judge (Stuart) did NOT have the authority to place gag orders on reporting about a specific crime before jury impanelment. freedom of the press extends to criminals as well.
Santa Fe Independent School District v. Doe
1st Amendment (religion): Students in Texas delivered a prayer over the speaker before every home football game. The prayers were described as extremely Christian and made some students uncomfortable which is a violation of the 1st Amendment as it doesn’t practice freedom of religion.
Schenck v. US
1st Amendment (speech): The Court ruled that freedom of speech and freedom of the press under the First Amendment could be limited only if the words in the circumstances created "a clear and present danger."
Furman v. Georgia
8th Amendment: Prohibits cruel and unusual punishments. The use of the death penalty only with approval from the Supreme Court
Gregg v. Georgia
8th and 14th Amendments: The death penalty for murder was not in and of itself a cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments.
Plyler v. Doe
Equal Protection Clause of 14th Amendment: States cannot deny students a free public education on account of their immigration status. 14th Amendment - "No state shall... deprive to any person within its jurisdiction the equal protection of the laws
Snyder v. Phelps
1st Amendment (assembly): freedom of speech cannot be the reason for emotional distress. You can be very offensive as much as you want as long as nobody is harmed and is on public property. During his funeral, followers of the Westboro Baptist Church were yelling, “God Hates The U.S.”, “Thank God For 9/11”. Snyder’s family accused the Westboro Baptist Church for defamation, privacy invasion, and deliberately inflicting emotional distress.
Engel v. Vitale
1st Amendment (religion): established a precedence that was used to significantly limit government-directed prayer in public school systems. The state cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion.
Tinker v. Des Moines
1st Amendment (speech): set the precedent that students have 1st Amendment rights, too! Stepping into school properly doesn't mean that students give up their right to free expression.
Brown v. Board of Education
14th Amendment (Equal Protection Clause): The court came to a unanimous decision. The court ruled that segregated schools deprived people of equal protection of the laws. The court found that segregation was unconstitutional
Lemon v. Kurtzman
1st Amendment (religion): It established that if a law doesn't have a secular purpose, inhibits or advances religion, or results in excessive government entanglement with religion, then it violates the establishment clause and is unconstitutional.
Brandenburg v. Ohio
1st Amendment (speech): the Supreme Court established that speech advocating illegal conduct is protected under the First Amendment unless the speech is likely to incite “imminent lawless action.” Meaning you are allowed to stay harmful words as long no one is hurt
Griswold v. Connecticut
14th Amendment: A right to privacy can be inferred from several amendments in the Bill of Rights, and this right prevents states from making the use of contraception by married couples illegal. It struck down Connecticut's state law against contraceptives and protected people’s privacy.
Protected vs. Unprotected Speech
Free speech is protected unless
creates a “clear and present danger” that would lead to serious harm
causes “imminent lawless action”
Unprotected Speech
Obscenity: depicts something in an offensive/sexual way
hate speech that leads to violence or language that offends and insults groups based on race, color, religion, national origin, or other traits
slander: spoken statement that defames someone
Concurring
are issues by justices who opposed the ruling decision and favored the losing party in a case.
Majority
are issues by justices who agree with the winning side but disagree with the legal reasoning
Dissenting
are issued when at least five justices agree with the legal reasoning behind the decision
Writ of Certiorari
formal request for the Supreme Court to hear the case
Exclusionary Rule
prevents the government from using most evidence gathered in violation of the United States Constitution
Where privacy is implied in the Constitution
The Court used the personal protections expressly stated in the 1st (SARP), 3rd (right to not house a soldier), 4th (right to not be searched or to be searched without reason), 5th (The right to life, liberty, property, and no double jeopardy or self-incrimination), and 9th (The rights not listed in the Constitution) Amendments to find that there is an implied right to privacy in the Constitution.
Process for Adding a Constitutional Amendment
An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification.
Precedent
a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues.
Eminent Domain
gives the government the power to take your property, even if you don't want to sell, with compensation
Due Process Clause
similar provision in the Fifth Amendment, which only restricts the federal government. It states that no person shall be “deprived of life, liberty, or property without due process of law.” Usually, “due process” refers to fair procedures.
Prior Restraint
A form of censorship; is judicial suppression of material that would be published or broadcast, because it is libelous or harmful. In US law, the First Amendment severely limits the ability of the government to do this.
Civil Liberties
Protections against government action (protections from the gov’t)
EXAMPLES:
right to privacy
fair court trial
1st Amendment
Civil Rights
Protections against discriminatory treatment by the gov or individual, meant to ensure equal opportunity (gov’t protects you)
EXAMPLES:
right to education
equal protection clause
protections against unfair treatment in housing, employment
Supreme Court Justice Length of Service
A total of 116 people have served on the Supreme Court of the United States, the highest judicial body in the United States, since it was established in 1789. Supreme Court justices have life tenure, meaning that they serve until they die, resign, retire, or are impeached and removed from office.
1st Amendment
SARP; guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from both promoting one religion over others and also restricting an individual's religious practices.
2nd Amendment
right to bear arms; protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home
4th Amendment
need a warrant to be searched or be taken away; protects people from unreasonable searches and seizures by the government. however, it is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
5th Amendment
The right to life, liberty, property, and no double jeopardy or self-incrimination; In criminal cases, guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination. protects criminal defendants from having to testify if they may incriminate themselves through the testimony. A witness may "plead the Fifth" and not answer if the witness believes answering the question may be self-incriminatory. (Miranda Rights)
6th Amendment
The right to a speedy trial, public trial, and with a jury of your peers; gives citizens a series of rights in criminal trials. They include the right to a fast and public trial by an impartial jury, to be aware of the criminal charges, to confront witnesses during the trial, to have witnesses appear in the trial, and the right to legal representation.
7th Amendment
The right to a jury trial in a civil case; protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value.
8th Amendment
Protection from excessive bail, and cruel and unusual punishments; Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
14th Amendment
Equal protection under the Constitution for all United States citizens; Equal protection clause due process clause, and citizenship clause. grants everyone equal rights/protection under the law. (anyone born in the US or become naturalized) “no state shall deprive any person of life, liberty, or property without the due process of law”
Note
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