freedom of expression

• 1st amendment

  • RAPPS —> religion, assembly, petition, press, speech

    • R: can practice religion freely

    • A: right to gather and assemble

    • Pe: ask for change

    • Pr: publishing without censorship

    • S: speak freely (includes hate speech)

  • cases:

    • press:

      • hazelwood v. kuhlmeier (school newspaper)

    • speech:

      • tinker v. des moines (symbolic)

      • morse v. frederick (“bong hits 4 jesus”)

      • bethel v. fraser (restrictions in school)

free exercise clause

• 1st amendment

  • one can practice religion freely, but cannot endanger others

    *religion that allows those to carry snakes in public areas is a violation

establishment clause

• 1st amendment

  • separation of church and state

    • government cannot interfere in religion

  • cases:

    • lemon v. kurtzman (applies to schools)

probable cause

• 4th amendment

  • the government cannot interfere with the rights to life, liberty, and property without a good and fair reason

  • cases:

    • new jersey v. tlo (smoking marijuana)

    • mapp v. ohio

warrant

• 4th amendment

  • document that states what is going to be searched

    • cannot be searched if one is not provided (unless you give permission)

  • cases:

    • new jersey v. tlo (in school)

    • mapp v. ohio (unreasonable search and seizure)

exclusionary rule

• 4th amendment

  • evidence obtained without a warrant cannot be used in court

    • not in constitution (created by the courts —> application of the 4th amendment)

  • cases:

    • new jersey v. tlo (in schools)

    • mapp v. ohio (adopted the rule as a federal standard)

the patriot act

• 4th amendment

  • warrants are necessary if suspected of terrorism

    • result of 9/11

      *matters of national security —> government does not need a warrant

due process

• 5th amendment

  • fair procedures at the time you’re accused of a crime

    • the only rights students have in schools

      *rights against self-incrimination and double jeopardy

  • cases:

    • due process: in re gault (how far that right extends)

    • self-incrimination: miranda v. arizona

miranda rights

• 5th amendment

  • right to have your rights read out loud to you

    • an application

  • cases:

    • miranda v. arizona (precedent of the case)

double jeopardy

• 5th amendment

  • cannot be tried for the same crime twice

eminent domain

• 5th amendment

  • the government can take private property with compensation for the good of the general public

impartial jury

• 6th amendment

  • right to an unbiased jury

    *jurors willing to consider evidence at trial

cruel and unusual punishment

• 8th amendment

  • punishment given to the criminal that is excessive and does not fit the extent of the crime

    • often interpreted with the death penalty

  • cases:

    • gregg v. georgia

    • roper v. simmons

    • thompson v. oklahoma

capital punishment

• 8th amendment

  • the death penalty: highest and most brutal punishment

    • lots of controversy today —> 23 states have abolished it

  • cases:

    • gregg v. georgia

    • roper v. simmons

    • thompson v. oklahoma