Mapp v. Ohio
Evidence obtained by an illegal search & seizure is inadmissible in court
Libel
Written defamation
Abington School District v. Schempp
Prayer in classrooms determined to violate 1st Amend
Affirmative Action
Policy in education admissions or job hiring that gives attention to disadvantaged groups to overcome past discrimination
Argersinger v. Hamlin
No person imprisoned for any offense (petty, misdemeanor, felony) unless represented by counsel at trial
Bad Tendency
Test which permits restriction of speech by gov if believed that a form of speech has reason to cause illegal activity
Bethel School District v. Fraser
School officials decide what manner speech is appropriate for school sponsored activity
Bill of Rights
First 10 Amends
Brown v. Board of Edu
Segregation violates âEqual Protectionâ Clause of the 14th Amend
Clear & Present Danger
Gov. can interfere w/ speech if it will lead to evil or illegal acts
Censorship
Restricting access to ideas and information
Civil Liberties
Constitutionally guarantees freedoms that protects citizens, opinions, and property against arbitrary gov interference
Defamatory Speech
False speech outside 1st Amend protection that damage a personâs character or reputation (unprotected by Constitution)
Discrimination
Unequal treatment of equals
District of Columbia v. Heller
Individuals have right to own and possess firearms
Civil Rights
Individuals rights as a citizen to participate free from discrimination or persecution
Due Process Clause
14th Amend clause- no state may deprive a person of life, liberty, or property w/o due process of law
8th Amend
No cruel or unusual punishment
Eminent Domain
Power of gov to take private property for public use
Engel v. Vitale
Banned formal prayer in schools, gov wouldnât make any religion the âofficialâ religion
Equal Protection Clause
14th Amend clause- prohibits states from denying equal protection under the law
Escobedo v. Illinois
Ruled that right of lawyer exists at time of questioning
Espionage Act
Gave gov new ways to combat spying
Establishment Clause
1st Amend ban on laws ârespecting an establishment of religionâ
Exclusionary Rule
Prevents evidence obtained by illegal search from being used against the accused
5th Amend
Right to remain silent/double jeopardy, right to due process
Fighting Words
Speech intended to incite violence
1st Amend
Freedom of Speech
4th Amend
Protection against unreasonable searches and seizures
14th Amend
All people born in US are citizens and guaranteed equal protection of the law
Free-Exercise Clause
1st Amend requirement that law canât prevent free excercise of religion
Gideon v. Wainwright
Ruled guarantee the right to counsel allows poor defendants access to state-paid attorneys
Gitlow v. NY
Speech restricted if possessed a âbad tendencyâ or a sole tendency to incite or cause illegal activity
Griswold v. Connecticut
Prohibiting contraceptives use or have advice on their use by a 3rd party invades privacy and is unconstitutional
Hate Speech
Form of profanity meant to degrade, intimidate, or dehumanize groups of people
Incorporated Rights
All aspects of the amend are applicable to states (1st, 2nd, 4th)
Intermediate Scrutiny Test
Equal protection test used by SC that requires gov to prove that use of classifications (age, gender, race) is related to an important gov objective
Kuhlmeier v. Hazelwood
Public officials control editorial content of school newspaper as an education tool
Lemon Test
3-pronged rule used by courts to determine whether establishment clause is violated
MLK Jr letter from Birmingham Jail
Any law that uplifts human personality is just.
Any law that degrades human personality is unjust.
Liberal Position on Affirmative Action
Believe gov should use affirmative action to help
Conservative Position on Affirmative Action
Believe affirmative action doesnât help combat disadvantaged groups overcome past discrimination
Liberal Perspective on Gun Control
Want strict regulation
Conservative on Gun Control
Want lenient regulation
Libertarians on Security & Liberty
Believe gov only be involved when it comes to national security and maximizing political freedom
Statists on Security & Liberty
Believe gov should have most control to protect nations security at cost of peopleâs liberty
McDonald v. Chicago
Incorporated 2nd Amend right to bear arms to the states
Morse v. Frederick
School officials can prohibit students from displaying messages that undermine the schoolâs mission
NAACP v. Alabama
Organizations donât have to give a list of members to the gov
Near v. Minnesota
Gov canât censor content before its publication regardless of how scandalous they might be
New Jersey v. TLO
School officials may conduct warrantless searches of students w/ reasonable suspicions
New York Times v. US
SC dealt w/ issue about stateâs power to prohibit publication of official documents
9th Amend
Citizens entitled to rights not listed in Constitution
Plessy v. Ferguson
âSeparate but equalâ doctrine SC upheld the constitutionality of jim crow laws
Post Restraint
Holding people accountable for published works
Presser v. Illinois
States may forbid private armies
Prior Restraint
Allowing gov to review content of printed materials and prevent their publication
Probable Cause
Reasonable grounds for making a search, pressing a charge, etc.
Rational Basis Test
Lowest-level standard by SC to determine whether a law is compatible w/ the Constitution
Reasonable Suspicion
Evidence that justifies an officer in stopping and questioning an individual believed to be involved in criminal activity
Right to Privacy
Protection from interference w/ private sphere of a personâs affair
Roe v. Wade
Legalized Abortion
Judiciary Branch & Minority Rights
Insulation or protection makes the judiciary branch the primary guardian of minority rights
Legislative Branch on Civil Rights
Enacts laws to overcome local and state obstructions
Civil Rights Act of 1964
Prohibited discrimination in employment and established the Equal Employment Opportunity Commission
2nd Amend
Right to bear arms
Seditious Speech
Speech directing an overthrow of gov
Segregation
Separation of people based on racial, ethic, or other differences
7th Amend
Right to a trial by jury in civil cases
6th Amend
Right to a speedy trial by jury, representation by an attorney for an accused person
Slander
Spoken falsehood
Strict Scrutiny Test
Test applied by court when a classification is based on race; gov must show a compelling reason for the law and no other less restrictive way to meet the interest
Symbolic Speech
Nonverbal communication protected by 1st Amend
10th Amend
Power not given to fed. gov belong to people and states
Tinker v. Des Moines
Students have right to symbolic speech at school as long as it isnât disruptive
US v. Miller
States can restrict type of weapons that wouldnât be used by an person in a militia
USA Patriot Act
Lowered probable cause threshold for obtaining intelligence warrants
Wisconsin v. Yoder
Amish donât have to attend school after 8th grade (right to freedom of religion)