Court cases

Selective Incorporation

The process by which the Bill of Rights is applied to the states through the 14th Amendment.

Gitlow v. New York (1925)

The case that began selective incorporation by ruling states could not deny the 1st Amendment right to free speech.

McDonald v. Chicago (2010)

A major incorporation case that applied the 2nd Amendment right to bear arms to state and local governments.

Clear and Present Danger Test

A standard established in Schenck v. United States to determine if speech is protected.

Direct Incitement Test

A test from Brandenburg v. Ohio determining that speech can only be punished if it incites imminent lawless action.

Prior Restraint

Censorship before publication; ruled against in New York Times v. United States.

Symbolic Speech

Nonverbal expression protected by the First Amendment, such as flag burning as established in Texas v. Johnson.

Establishment Clause

The clause in the First Amendment prohibiting the establishment of a state religion.

Free Exercise Clause

The clause in the First Amendment that protects the right to practice one's religion.

Lemon Test

A standard from Lemon v. Kurtzman for Establishment Clause cases, assessing secular purpose, non-advancement, and no excessive entanglement.

Exclusionary Rule

A legal rule established in Mapp v. Ohio that excludes evidence obtained through illegal searches.

Miranda Rights

Rights that must be read to suspects by police to protect against self-incrimination, established in Miranda v. Arizona.

Right to Privacy

A concept established in Griswold v. Connecticut, inferred from penumbras of other amendments, protecting certain personal choices.

Roe v. Wade (1973)

The landmark case that recognized the right to abortion under the right to privacy.

Dobbs v. Jackson (2022)

The ruling that overturned Roe v. Wade, stating the Constitution does not confer a right to abortion.

Separate but Equal Doctrine

The legal basis for segregation established by Plessy v. Ferguson, allowing segregation as long as facilities were equal.

Sweatt v. Painter (1950)

A case ruling that the 'Black Law School' in Texas was unequal, marking a shift against segregation.

Brown v. Board of Education (1954)

The case that struck down the 'Separate but Equal' doctrine, declaring that separate educational facilities are inherently unequal.