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Miller v. California
States can prohibit obscene speech that lacks literary, artistic, political, or scientific value.
McDonald v. Chicago
The right to keep and bear arms for self-defense in one's home applies to the states.
Tinker v. Des Moines Independent Schools
Students in public schools are allowed to wear armbands as symbolic speech.
Due Process
Ensures fair procedures when the government burdens or deprives an individual.
Lemon v. Kurtzman
States cannot have excessive entanglement of church and state.
Clear and Present Danger Test
Was a doctrine adopted by the Supreme Court of the United States in Schenck v. United States used to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly.
Engel v. Vitale
School-sponsored religious activities violate the establishment clause.
Civil Liberties
Those personal freedoms protected from arbitrary governmental interference or deprivations.
Establishment Clause
Prevents the U.S. government from establishing a national religion.
Schenck v. United States
Speech representing "a clear and present danger" is not protected.
Compelling Government Interest
A purpose important enough to justify the infringement of personal liberties.
New York Times v. United States
The government cannot exercise prior restraint.
Free Exercise Clause
Prevents governments from stopping religious practices unless an unusual religious act is illegal or deeply opposes the interests of the community.
5th Amendment
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury..."
Wisconsin v. Yoder
Requirements that Amish students attend school past the eighth grade violate the free exercise clause.
14th Amendment
"All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States..."
Obscene Speech
Although difficult to define, the 15th Amendment does not protect it, and no national standard defines what it is.
Public Interest
The well-being of the general public.
Prior Restraint
The government's right to stop spoken or printed expression in advance.
Selective Incorporation
The Supreme Court has ruled in landmark cases that state laws must adhere to selective Bill of Rights provisions through the 14th Amendment's due process clause.
Libel
Refers to false statements in print that defame someone, hurting their reputation.
Symbolic Speech
Conduct that expresses an idea. Examples would include sit-ins, flag waving, demonstrations, or the wearing of protest buttons.
Wall of Separation
Thomas Jefferson called for this when it came to the relationship between church and state.