First Amendment
This clause in the first amendment states people can believe what they want as long as that practice is not harmful to the public welfare.
What is the free exercise clause?
This is the protection of citizens from abuses by the government.
What are civil liberties?
A constitutional guarantee that all people are treated equally under the law, as long as they are in similar circumstances.
What is the Equal Protection Clause?
Originally, the Bill of Rights limited only the power of what?
What is the federal government?
This prohibits the national government from supporting an official religion.
What is the establishment clause?
A form of defamation, specifically a false statement in writing or other permanent form that injures a person's reputation, exposing them to public hatred, contempt, or ridicule, or harming their business or profession.
What is libel?
This case in 1833 held that the Bill of Rights did not apply to the states.
Barron v. Baltimore Bonus: What court case overturned this decision using the 14th amendment.
The Supreme Court ruled that the Sixth Amendment's guarantee of the right to counsel applies to state courts through the Fourteenth Amendment, meaning states must provide legal representation to indigent defendants facing felony charges.
What is Gideon v Wainwright?
A landmark 1969 Supreme Court case that established students' First Amendment right to free speech in schools. The case involved students who wore black armbands to protest the Vietnam War.
What is Tinker v Des Moines?
This test is used to determine when speech can be restricted under the First Amendment, allowing the government to limit speech if it poses an immediate and severe threat to public safety or national security.
What is the "clear and present danger" Test?
This is the view that most of the liberties and rights guaranteed in the Bill of Rights are protected from state government actions
What is the Selective Incorporation Theory?
The 14th Amendment, ratified in 1868, directly nullified this Supreme Court decision by guaranteeing citizenship to all persons born or naturalized in the United States, including African Americans, thus overturning the court's ruling that they were not citizens.
What is Dred Scott v Sandford?
Found in both the Fifth and Fourteenth Amendments, ensures that the government cannot deprive individuals of "life, liberty, or property" meaning fair procedures and fundamental fairness.
What is the Due Process Clause?
The Supreme Court established the a test to determine if a law violates the Establishment Clause of the First Amendment, ruling that state funding for nonpublic and nonsecular schools violated the Constitution.
What is Lemon v Kurtzman?
The Supreme Court ruled that school-sponsored prayer in public schools violates the Establishment Clause of the First Amendment, prohibiting government-led religious activities.
What is Engel v Vitale?
Refers to nonverbal actions that convey a message, such as flag burning or wearing armbands, and is considered a form of communication.
What is symbolic speech?
This Supreme Court established the "imminent lawless action" test, which limits government restrictions on speech to cases where it incites or is likely to incite imminent violence or unlawful action.
What is Brandenburg v Ohio?
The Supreme Court ruled that law enforcement must inform suspects of their constitutional rights, including the right to remain silent and the right to an attorney, before questioning them in custody, or else any statements obtained cannot be used against them in court.
The Supreme Court ruled that the Second Amendment protects an individual's right to possess firearms for lawful purposes, including self-defense in the home, and is not limited to militia service.
What is D.C. v Heller?
The Supreme Court, in a 6-3 decision, ruled against the government's attempt to restrain publication of the Pentagon Papers, establishing a "heavy presumption against prior restraint" and upholding the First Amendment right of a free press.
What is the NY Times v U.S.?
This limits the government's power to interfere with fundamental rights, ensuring that laws and governmental actions are not arbitrary or unreasonable, even if proper procedures are followed.
What is substantive due process?
A United States Supreme Court case that held that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote even though the use of the drug was part of a religious ritual.
What is Employment Division, Department of Human Resources of Oregon v. Smith?
Requires government officials to follow fair procedures before depriving a person of life, liberty, or property, ensuring notice, an opportunity to be heard, and a neutral decision-maker.
What is Procedural Due Process?
A set of policies and procedures designed to address past and present discrimination by promoting equal opportunities for historically underrepresented groups, including racial and ethnic minorities, women, and people with disabilities.
What is Affirmative Action?