Studied by 22 people
First Amendment
This amendment was originally the third, but the first two got cut.
This limits to government and government agents and outlines the freedoms granted with citizenship
Freedom of Religion
First Amendment.
A person is free to follow whichever religion they choose
Establishment Clause
First Amendment.
This prohibits the federal government from creating an established church or favoring one over another
Engel v Vitale
First Amendment
This court case forbids prayer in schools (even if it is optional)
“Separation of church and state” (Thomas Jefferson)
Allegheny v ACLU
First Amendment
(1989 Courtcase): Anything displayed on government property that “clearly expressed official endorsement” of a religion is not allowed (nativity + menorah situation)
Free Exercise Clause
First Amendment
This prohibits the government from interfering with any expression of religious belief
Compelling Interest
First Amendment
The government can interfere with free exercise if it has “__________” (if it is essential/necessary rather than a choice (ie public safety))
Freedom of Speech
First Amendment
This Freedom is something uniquely American and is thought to be the “lifeblood of self government” as it allows for the free exchange of ideas.
Pure Speech
First Amendment
using one’s voice to speak
Speech-plus
First Amendment
Holding up a sign or billboard with a message (not newspaper or verbal)
Symbolic Speech
First Amendment
An act that represents a position or idea
Buckley v Moleo
First Amendment
(1976 Courtcase): Political speech is free speech and can have limitless funding (political campaigns)
Public Forum
First Amendment
if you have a _______, it has to be open to everyone regardless of their ideas
Time, Place, and Manner
_____________ of demonstrations or actions needs to be reasonable. (You cannot march through a residential neighborhood at 3am or block public streets)
Right not to speak
First Amendment
You don’t have to answer or speak your ideas in any given setting. This does not apply to a classroom.
Obscenity
First Amendment.
This limit on free speech concerns whether it is “appropriate” or not. It concerns books, TV, and varies from place to place
Defamaition
First Amendment.
Hurting someone’s reputation by false accusation
Libel
First Amendment
Defamation by writing
Slander
First Amendment
Verbal Defamation
Actual Malice
First Amendment.
The standard for proving defamation: The knowledge that a statement was false or else had reckless disregard for the fact
NYT v Sullivan
First Amendment
This courtcase decided that the standard for proving defamation is actual malice
Fighting Words
First Amendment
Comments that are abusive/insulting and are delivered face to face
Comments provoking a fight to an individual
Hate Speech
First Amendment
A type of fighting word that targets a protected minority with the intent to threaten or intimidate
Clear and Present Danger
First Amendment
Speech that incites illegal action is speech that creates a ________________
Schenk v US
First Amendment
A 1919 court case that decided that In wartime, speech that poses a “clear and present danger of inciting imminent, lawless action” can be restricted, comparing it to “falsely shouting fire in a theater and causing panic. → cannot distribute anti war leaflets that violated the Espionage Act
Tinker v Des Moines
First Amendment,
This court case decided that The suspension of students wearing armbands protesting the Vietnam War was unconstitutional.
Is it disrupting the class physically or otherwise?
Freedom of the Press
First Amendment
This freedom protects the newspapers, radio, and internet
Seditious Libel
First Amendment.
Words against the government. (Zenger Case)
Prior Restraint
First Amendment (Freedom of the Press)
The government can censor a word before publication if it is of importance (if the country is at risk or there is a national danger).
Right to Peaceably Assemble
First Amendment.
Although you have the right to assemble peacefully, you cannot:
Go into public streets or trespass after hours
Discriminate
You may be restricted for time, place, and manner
Right to Petition
This right has its roots in the Magna Carta and the English Bill of Rights.
You may petition without penalty
Second Amendment
The Right to Bear Arms
DC v Hiller
Second Amendment.
2008, First case with individual right to self-defense
A 1975 law restricted handguns for people in DC (federal district)
It required firearms to be unloaded, disassembled
However, the court ruled that a firearm may be kept in federal enclave in a residence
“ a fundamental right”
McDonald v Chicago
Second Amendment
The same ruling from DC v Hiller was applied for states (cannot ban self defense firearms)
Third Amendment
Quartering
Protects owners right to property without government interference
Has never been subjected to a SCOTUS Decision
Rarely discussed
Fourth Amendment
“Search and Seizure” (Amendment)
Warrant
Fourth Amendment.
Neither search nor seizure may happen without a _______
These limit the government’s ability to harass people and protect against arbitrary arrest
Needed from a court judge to conduct a search. You have to prove probable cause
Search
Fourth Amendment.
This action includes frisking, blood tests, or home/car being searched
Seizure
Fourth Amendment.
This term means the government takes control of something in individual possession (including person)
Probable Cause
Fourth Amendment.
The standard for getting a search warrant. The probability of evidence of a crime being found
Mapp v Ohio
Fourth Amendment.
This court case creates the Exclusionary Rule
Excludes illegally gathered evidence
Cannot be collected before a warrant
Cannot be used in court
Exclusionary Rule
Fourth Amendment.
This rule Excludes illegally gathered evidence
Cannot be collected before a warrant
Cannot be used in court
Plain view exception
Fourth Amendment
This allows an officer to sieze something nearby that is in ¨Plain view” without a warrantE
Exigent Circumstances
Fourth Amendment
If you run, it is grounds for a search
Terry v Ohio
Fourth Amendment.
This court case decides that you can pat down a person if there is reasonable suspicion or to secure an area
Reasonable Suspicion
Fourth Amendment.
Schools have a lower requirement to search.
Who is doing the search
What is the suspicion
Where is it taking place
Degree of invasiveness and degree of danger are to be considered
Federal Communications Act
Fourth Amendment.
(1934): You cannot wire tap a phone or telegraph without a warrant
“Right to privacy”
Katz v US
Fourth Amendment
This case decides that Individuals have a general right to have their private affairs be conducted without government involvement (reasonable expectation of privacy)→ cannot wiretap a phone
GPS, Tracking is implied
Fifth Amendment
Fairness Addressed (Amendment)
Creates a fair balance between individual right and government resources
A fair method to try people accused of a crime
Roots in English tradition: Magna Carta + Bill of Rights
Right to a Grand Jury
Fifth Amendment.
The right to have serious charges “screened” to check if it is enough evidence for a trial
Indictment
Formal charge of a crime
No Double Jeopardy
Fifth Amendment
Cannot try to defendants more than once for the same crime
Limits the government's unlimited resources
If acquitted, a person cannot be persecuted again
This does not apply in the cases of:
Mistrial (if the jury is hung) (does not agree)
Civil and criminal court
Appeals trials
Multiple trials on different charges at the same time
US v Lanza
Fifth Case
This case decides that concurrent jurisdiction (state,federal) does not count as double jeopardy
Right Against Self Incrimination
Fifth Amendment.
This protects people from saying anything to police or judge that could incriminate them
Miranda v Arizona
Fifth Amendment.
The “right to stay silent” and the Miranda Rights come from ________.
Confession must be voluntary
Need to know rights before waiving them
No longer limited to in-court testimony
Includes custody (when you are being arrested)
Immunity
Fifth Amendment
Testimony can be coerced if _____ is granted (do not serve if give up someone else)
Due Process Clause
Fifth Amendment
Protects the accused from being in prison without standard procedure
This safeguards an individual from the power of the state
Eminent Domain
Fifth Amendment.
“The Takings Clause”
This attempts to balance the government’s need for property for public good with individual property rights. The government may take your property for public good and pay you market price.
Just Comensation
Fifth Amendment
The government needs to give market value when taking property for the public good (schools, malls, etc.)
Kelo v New London, CT
Fifth Amendment.
2005: A family owned a property that was empty. A developer wanted to turn it into a strip mall, and had the town seize it. This was possible because the value from taxes from the mall would have been greater than the value of the empty home. This is significant because a private property was given to a private developer.
Sixth Amendment
Right to a Fair Trial (Amendment),
Descriptors of a fair criminal trial
Speedy Trial
Sixth Amendment.
You cannot wait too long to try someone
Public Trial
Sixth Amendment
Prevents abuses to the judicial system by opening the trial to the community. However, cameras and attendees may be limited
Waiver
Sixth Amendment
A person may waive their right to a trial by jury and choose to go before a judge only
Right to face their accusers
Sixth Amendment
A person has the right to face the accuser, with exceptions for small children
Right to an Attorney
Sixth Amendment
A person gets an attorney no matter their ability to pay
Gideon v Wainright
Sixth Amendment
1963: This court case says that If a person cannot pay for an attorney, the government must provide one
Seventh Amendment
Right to a Trial by Jury (Amendment)
Civil Cases
Seventh Amendment
A person may sue to obtain money → no one is sent to jail but they can have a restraining order placed upon them
State Exception
Seventh Amendment
states may choose not to have a jury for civil trials
Eighth Amendment
Cruel and Unusual Punishment (Amendment)
Bail
Eighth Amendment
Money paid by the defendant to be free until their trial. They get the money back at trial
No excessive bail
Eighth Amendment
Bail has to be fair for all
Flight risk, harm, financial circumstances
Bail may be refused if risk of harm or flight
Cruel and Unusual Punishment
This restriction is intended to outlaw gruesome punishments like torture
27 states have the death penalty, and it is also an option and the federal level
Roper v Simmons
Eighth Amendment
2005: This court case outlaws the death penalty for those under 18 at the federal level
Atkins v Virginia
Eighth Amendment
2002: Any defendant that is mentally ill is ineligible for the death penalty because they cannot understand the consequences of their actions. (What happens when people go insane on death row?)
Death Penalty
At the federal level, you can only be sentenced to this for murder. However, states have no such restriction
Ninth Amendment
This amendment is a sort of safety net. Americans have other unlisted rights
Tenth Amendment
Federalism Preserved (Amendment)
Preserves state-government balance
Education / Schools are left to the states
A check on the federal government
Note
Flashcard