Amendments
These first ten amendments protect individual liberties from government power.
The Bill of Rights
This clause prevents the government from sanctioning, recognizing, favoring or disregarding any religion
The Establishment Clause
This type of speech uses actions rather than words to express ideas
Symbolic Speech
Government censorship before publication is called
Prior restraint
This amendment protects the right to bear arms
2nd Amendment
This term describes applying the Bill of Rights protections to states one at a time
Selective incorporation
This clause protects the rights to practice religion freely
The Free Exercise Clause
This case protected student symbolic speech in schools
Tinker v. Des Moines
This amendment protects freedom of the press
1st Amendment
This case incorporated the right to bear arms to the states
McDonald v. Chicago
Selective incorporation uses this clause of the Constitution to apply most of the Bill of Rights to the states
the 14th Amendments Due Process Clause
This case struck down school sponsored prayer in public schools
Engel v. Vitale
This test from Schenck v. US allowed the government to restrict speech during wartime
The "clear and present danger" test
This case limited governmental power to block publication of classified information
New York Times v. United States
Court decisions on gun laws must balance individual liberty with this government goal
Maintaining public order/safety
Name two rights that have been incorporated to the states
Freedom of Speech, Freedom of Press, Right to bear arms, right to counsel, protection from unreasonable search, right to due process, protection against cruel and unusual punishments, and more
This case allowed Amish students to leave school after 8th grade
Wisconsin v. Yoder
What must school prove to restrict student speech under Tinker?
That is causes substantial disruption to the learning environment
In NYT v US the Court said the government must prove this to justify censorship
Immediate, inevitable, and direct harm to national security
Give an example of a government action where public order is prioritized over liberty
Curfews, protest permits, banning weapons in certain areas, death penalty, gun regulations etc
Name a right that has not been incorporated to the states
Third Amendment rights, Right to a jury trial in civil cases
This test is used by the courts to determine if the establishment clause is being violated
The Lemon Test
The government may restrict speech using these three kinds of regulations
Time, place and manner
This test is used by courts to determine if something is obscene
The Miller Test
Which case first recognized an individual right to own a gun?
District of Columbia v. Heller (not required case)