March 7th vocab
Tinker V Des Moines: The court found that the First Amendment applied to public schools, and school officials could not censor student speech unless it disrupted the educational process
Obscenity – Quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value.
Clear and present danger test – Interpretation of the First Amendment that holds that the
government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.
Schneck v US: Schenck was charged with conspiracy to violate the Espionage Act of 1917 by attempting to cause insubordination in the military and to obstruct recruitment.
NY Times v US - The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government
Prior restraint – Censorship imposed before a speech is made or a newspaper is published;
usually presumed to be unconstitutional.
2nd amendment - A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
8th ammendment - Freedom from excessive bail, fines, and cruel punishments
4th amendment - protects people from unreasonable searches and seizures by the government.
Selective incorporation – The process by which provisions of the bill of rights are brought
within the scope of the Fourteenth Amendment and so applied to state and local governments.
Mcdonald v chicago - incorporated an individual's right to bear arms for self-defense and applied it to state and local governments.
14th amendment - No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States
Due process – Established rules and regulations that restrain government officials.
Miranda rule - police must inform a suspect of their right to remain silent and their right to an attorney before questioning them during a custodial interrogation
5th amendment - ensures the protection against self-incrimination