Name that First Amendment Case
In the Supreme Court case of Tinker vs. Des Moines School District, how did the Supreme Court rule in regards to students freedom of speech rights at school?
Students have freedom of speech at school such as being able to wear armbands to protest the Vietnam War unless this speech would substantially disrupt school activities
What is preventing written or spoken expression ahead of time?
Prior restraint
Which Constitutional amendment states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”?
8th Amendment
In the Supreme Court case of Gideon vs. Wainwright, how did the Supreme Court rule in regards when a person accused of a crime has a lawyer to represent them in court?
A person must be granted an attorney in state criminal cases, in addition to federal criminal cases, if they cannot afford an attorney due to the 6th and 14th Amendments
What allows people to gather with one another in order to express views on public matters in the First Amendment?
Freedom to Assemble
Which topic was listed in the Bill of Rights that the national government could not deny someone under the 5th Amendment, but was extended to the states under the 14th Amendment?
Due process of the law
What is the money that a person accused of a crime may be required to post to ensure the person will appear at their scheduled court date to be out of jail until that date?
Bail
In the Supreme Court case of Engle vs. Vitale, how did the Supreme Court rule in regards to religion in schools?
Having a prayer read each day at a public school is unconstitutional under the Establishment Clause.
What prevents the government from establishing a national religion?
Establishment clause in the 1st Amendment
no one shall be compelled in any criminal case to be a witness against himself
the Federal Government cannot deprive any person of life, liberty, or property, without due process of the law
a person cannot be tried again for the same crime if found not guilty by a jury
5th Amendment
How did the Supreme Court rule in the case of Miranda vs. Arizona regarding the rights of suspects when being brought into custody?
A suspect of a crime must be told their rights when being brought into custody and before questioning occur
What means that the government must act fairly and follow established rules in all that it does and cannot act unfairly, arbitrarily, or unreasonably?
Due process
What is eminent domain and how is it used in the United States?
For the government to take private property for public use, the government must pay the property owner the fair market value of the property
What is a form of protest where someone deliberately, but nonviolently breaks a law to express opposition to it.
Civil disobedience
How did the Supreme Court rule in the case of Citizens United vs. FEC regarding how corporations and labor unions can use the airwaves to express their political views?
Corporations and labor unions can use their general funds to express political views on the airwaves as long this not coordinated with any political campaigns
What prevents the government from interfering with the exercise of religion?
Free-exercise clause in the 1st Amendment
Which Constitutional amendment states that “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.”?
2nd Amendment
How did the Supreme Court rule in the cases of District of Columbia vs. Heller and McDonald vs. Chicago regarding whether communities can make gun bans?
It ruled against banning law-abiding citizens from keeping handguns in their homes for the purpose of self defense
What requires that if a person is imprisoned, they have to be brought before a court and told of the charges?
Writ of habeas corpus
What is a court order to authorize a search of someone’s home?
Search warrant
What is reasonable suspicion that a crime was committed?
Probable cause
In the case of Schenck vs. United States, how did the Supreme Court rule in regards to writing pamphlets to encourage people to disobey the military draft during World War I?
It was not protected speech under the Clear and Present Danger test
What is the name of people expressing themselves without using spoken words such as facial expressions, body language, or written signs?
Symbolic speech
Which Amendment states “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed”?
6th Amendment
How did the Supreme Court rule in the case of Mapp vs. Ohio searches for someone's home?
Police must have a valid search warrant to search someone’s home, which must specifically state what they are looking for
What is not allowed that as the Constitution states that a person must be found guilty of the crime he/she is accused of in a court trial to receive a legal consequence?
Bill of attainder
What is double jeopardy, which is not allowed under the 5th Amendment?
A person cannot be tried again for the same crime if found not guilty by a jury
What is a group of people who decide whether there is enough evidence to formally accuse a person of a federal crime?
Grand jury
How did the Supreme Court rule in the case of Wisconsin vs. Yoder regarding whether states can make laws requiring students to attend high school?
Requiring Amish children to attend public school by law after the 8th grade is unconstitutional under the Free Exercise Clause
Is speech, either written or spoken, that creates lies to intentionally damage someone’s reputation protected?
No. This is called libel or slander and is not protected by the First Amendment.
Which Amendment says people have additional rights than the ones listed in other amendments to the Constitution, which could include a right to privacy?
9th Amendment
How did the Supreme Court rule in the case of Texas vs. Johnson about freedom of expression?
Burning an American flag as a means of political protest is allowed
What can neither Congress or states pass that would give someone a legal consequence for something that was legal when the person did it and the law was passed afterwards?
Ex post facto law
Is Capital punishment, the death penalty, constitutional under the 8th Amendment?
Yes, but can only be used as punishment for the most serious crimes, typically which result in death of at least one victim.
Under what is evidence gained as the result of an illegal act by police cannot be used in the trial of the person of whom the items were seized?
Exclusionary rule
How did the Supreme Court rule in the case of New York Times vs. United States regarding when the government can stop newspapers from publishing information?
Newspapers can publish any information unless the government can prove an actual threat to national security
What is advocating for or urging overthrowing the government?
Seditious speech, which is not protected under the First Amendment
Which Amendment prevents a person’s home from being searched without a search warrant, which can only be obtained with probable cause?
4th Amendment
How did the Supreme Court rule in the case of New York Times vs. Sullivan about information published by newspapers?
public figures cannot sue for libel for honest mistakes made by a newspaper unless it could be proven that these statements were knowingly false
What allows a citizen’s right to bring his or her view to the attention of public officials by such means as written letters, an actual petition, lobbying, and marches in the First Amendment?
Freedom to Petition
What is a formal complaint before a grand jury that charges the accused with one or more crimes?
Indictment
Freedom of the Press
Freedom to Assemble
Freedom to Petition
First Amendment
Which of the following can the government NOT make and enforce rules regarding the Freedom to Assemble?
Content
What is the right to create and join groups to promote political, economic, and social causes, which is implied in the 1st Amendment?
Freedom of Association