LAW

Certainly! Here are concise definitions for each bullet point:

Amendments to the Constitution

  • 1st Amendment – Expression: Protects freedoms concerning religion, expression, assembly, and the right to petition.

  • 2nd Amendment – Arms: Grants the right to keep and bear arms.

  • 4th Amendment – Searches/Seizures: Protects against unreasonable searches and seizures without probable cause or a warrant.

  • 5th Amendment – Self-Incrimination / Due Process: Protects against self-incrimination and ensures due process of law.

  • 6th Amendment – Right to Counsel: Guarantees the right to a fair trial and legal representation.

  • 8th Amendment – Cruel and Unusual Punishment: Prohibits excessive bail, fines, and cruel and unusual punishments.

Freedom of Religion

  • Establishment Clause: Prevents the government from establishing an official religion or favoring one over others.

  • Free Exercise Clause: Protects individuals' rights to practice their religion without government interference.

  • Everson v. Board of Ed.: Established that state-provided transportation to religious schools does not violate the Establishment Clause.

  • Engel v. Vitale: Ruled that school-sponsored prayer violates the Establishment Clause.

  • Lemon v. Kurtzman: Created the “excessive entanglement” test to determine if government actions improperly involve religion.

  • Wisconsin v. Yoder: Held that compulsory school attendance laws violated Amish parents' rights under the Free Exercise Clause.

Freedom of Speech

  • Time, Place, and Manner Regulations: Allow government to regulate when, where, and how speech occurs, provided restrictions are content-neutral.

  • Symbolic Speech: Nonverbal actions that express ideas, which can be protected under the First Amendment.

  • Obscenity (Miller Test): A three-part test to define obscenity, which is not protected by the First Amendment.

  • U.S. v. O’Brien: Upheld a conviction for burning draft cards, ruling that the government’s interest in maintaining the draft outweighed free speech rights.

  • Cohen v. California: Protected offensive speech on clothing as a form of expression under the First Amendment.

  • Texas v. Johnson: Ruled that flag burning constitutes symbolic speech protected by the First Amendment.

  • Tinker v. Des Moines: Affirmed that students retain First Amendment rights at school, allowing symbolic speech if it doesn’t disrupt the educational environment.

  • Bethel School District v. Fraser: Limited student speech in schools if it is lewd or disruptive.

  • Hazelwood School District v. Kuhlmeier: Allowed schools to regulate school-sponsored publications and speech.

  • Morse v. Frederick: Held that schools can restrict student speech promoting illegal drug use.

  • Schenck v. United States: Established that speech presenting a "clear and present danger" is not protected.

Freedom of Press

  • Libel: Defamation through false written statements that harm someone’s reputation.

  • Prior Restraint: Government action preventing material from being published, typically presumed unconstitutional.

  • New York Times Co. v. Sullivan: Protected press against libel claims unless statements were made with actual malice.

  • New York Times Co. v. United States: Ruled that prior restraint could not be used to prevent publication of classified information unless it posed a direct threat to national security.

Balancing Liberty and Safety

  • District of Columbia v. Heller: Affirmed an individual's right to possess firearms unconnected to service in a militia.

8th Amendment

  • “Cruel and Unusual Punishment”: Prohibits punishment deemed inhumane or excessively severe.

  • Gregg v. Georgia: Reaffirmed the constitutionality of the death penalty under the 8th Amendment.

4th Amendment

  • “Unreasonable Searches or Seizures”: Protects against searches and seizures without probable cause or a warrant.

  • Probable Cause: Sufficient reason based on facts to believe a crime has been committed.

  • Warrants: Legal documents authorizing police to conduct a search or seizure.

  • Katz v. United States: Established that the Fourth Amendment protects people, not just places, regarding privacy.

  • Kyllo v. United States: Held that using thermal imaging to survey a home constitutes a search under the Fourth Amendment.

  • Terry v. Ohio: Allowed limited "stop-and-frisk" searches based on reasonable suspicion.

  • Mitchell v. Wisconsin: Upheld that law enforcement may take a blood sample from an unconscious driver suspected of DUI without a warrant.

Carpenter v. United States: Held that the government generally needs a warrant to access historical cell phone location records.

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