Bill of Rights
What is the 4th amendment?
Freedom from unreasonable searches and seizures
What is the Establishment Clause?
No official religion or preferential treatment for a religion
What would be considered unprotected speech?
Libel, slander, obscenity, speech intended to incite "imminent illegal action" and "likely to produce such a result". Speech that create a "Clear and Present Danger"
What court case Selectively incorporated the 2nd Amendment?
Mcdonald V. Chicago
What is the Miranda rule?
Suspects in custody must be informed of their 5th and 6th amendment rights
What are the 9th and 10th amendments
9th amendment - Unenumerated rights are reserved for the people
10th - All powers not granted to Fed Gov and denied to the states are reserved for the states
What is the Free Exercise Clause?
The right to practice the religion of your choice
What were the facts and impact of Tinker V. Des Moines?
Students have free speech; symbolic speech is pure speech; schools can only limit speech if it interferes with the operation of the school
What court case incorporated the right to an attorney?
Gideon V. Wainwright
What is the Exclusionary rule?
Illegally obtained evidence may not be used in a trial
What are two rights given in the 5th amendment?
Freedom from self-incrimination and double jeopardy
Explain the facts and impact of Engel V. Vitale
States cannot hold prayers in public schools, even if participation is voluntary and the prayer isn't tied to a specific religion
What was the facts and impact of Schenck v. U.S. (1919)?
Speech can be limited if it creates a clear and present danger. Upheld the Espionage Act.
What is Selective Incorporation?
Bill of Rights has been applied to states on a case-by-case basis through the 14th amendment
What amendment "shadows" (Prenumbras) the right to privacy the most?
4th amendment
What amendment provides defendants of trial by jury in Civil Cases?
7th amendment
Explain the facts and impact of Wisconsin v. Yoder (1972)
Compelling Amish students to attend public school beyond 8th grade violates the free exercise clause
What is prior restraint?
A government preventing material from being published.
What is Due process? And what is the Due Process clause?
14th Amendment..nor shall any state deprive any person of life, liberty, or property, without due process of law.
Due process is: Fair legal proceedings before life, liberty or property can be denied
Explain the facts and impact of Roe v. Wade (1973). What constitutional principle supported the decision?
Established and incorporated a right to an abortion (right of privacy and the 14th amendment's due process clause)
What are the five freedoms given in the 1st amendment ?
Freedom of Religion, Speech, Press, Petition and Assembly
What religion does Mr. Varian follow?
Catholicism
What are the facts and impact of New York Times v. U.S. (1971)?
Because of the First Amendment's freedom of press there is a heavy presumption against prior restraint; government couldn't block publication of the Pentagon Papers
What is the Equal Protection Clause? Why is it the basis of Civil Rights/Social Movements?
14th amendment "...nor deny to any person within its jurisdiction the equal protection of the laws."
It supports social movements because they often arise when injustices are committed against a certain people group. And the 14th gives American citizens the legal and constitutional ability to combat those injustices
What is the Public safety exception?
If a question is asked to neutralize a dangerous situation and a suspect responds voluntarily, the statement can be used even though it was made before the Miranda rights were read