Freedom of Speech
This is a limit to the freedom of speech in which you cannot make a false statement (in writing), with malice, that is damaging to someone's reputation.
What is libel?
The 1962 Supreme Court case which prohibited state-sponsored recitation of prayer in public schools.
What is Engel v. Vitale?
This is a clause in the Bill of Rights which indicates that the government cannot create (or show unfair preference to) a religion.
What is the Establishment Clause?
This is a law that prohibits the use of illegally obtained evidence in a criminal trial.
What is an exclusionary rule?
This is the clause in the 14th Amendment that ensures fair judicial procedures to citizens.
What is the "Due Process Clause"?
The 1919 Supreme Court case which established that speech which evokes a "clear and present danger" is not permissible. This case also had to do with the encouragement of evasion of the draft during WWI.
What is Schneck v. United States?
The acronym RAPPS signifies these five things.
What are the five 1st Amendment freedoms? (Religion, Assembly, Petition, Press, and Speech)
This judicial philosophy (exemplified in the Warren court) views the court as an actor in shaping public policy and creating social change.
What is judicial activism?
The 1966 Supreme Court case in which the court found that all defendants must be informed of all their legal rights before they are arrested.
What is Miranda v. Arizona?
This 2008 landmark Supreme Court case established individual gun ownership rights.
What is the District of Columbia v. Heller?
These are the restrictions on speech that regulate the accompanying conduct of the message, as opposed to the message itself.
What are time, place, and manner restrictions?
This is the 1972 landmark case which established the supremacy of religious freedoms over compulsory education.
What is Wisconsin v. Yoder?
This is someone who adheres to the theory of constitutional interpretation that relies on the original meaning and intent of the words written in the Constitution.
What is an originalist? Or, what is a strict constructionist?
The 1963 Supreme Court case in which the court held that all state governments must provide an attorney in all cases for those who can't afford one.
What is Gideon v. Wainwright?
This is the clause in the 14th Amendment that has formed the basis of racial gerrymandering court cases as well as civil rights movements.
What is the "Equal Protection Clause"?
The 1969 Supreme Court case which determined that the suspension of students in an Iowa school for wearing black armbands to protest the Vietnam War was unconstitutional.
What is Tinker v. Des Moines?
The 1971 Supreme Court case which the government tried to prevent the publication of the "Pentagon Papers" with prior restraint although this was found to be a violation of the First Amendment.
What is New York Times v. United States?
This part in the body of the Constitution outlines the structure and proceedings of the judicial branch.
What is Article 3?
The 1976 Supreme Court case in which the death penalty did not, in fact, constitute cruel and unusual punishment. it allowed the resumption of the death penalty in America.
What is Gregg v. Georgia?
What is selective incorporation?
The 2010 Supreme Court case which established that corporations have a First Amendment right to expressly support political candidates for Congress and the White House through financial contributions.
What is Citizens United v. Federal Election Commission?
This is what the government has to prove in order to limit someone's First Amendment freedoms.
What is a compelling government interest?
This was the landmark Supreme Court case that established the principle of judicial review.
What is Marbury v. Madison?
In a civil case, this responsibility lies with the plaintiff. In a criminal case, this responsibility lies with the prosecutor.
What is the burden of proof?
The controversial law passed after the September 11th terrorist attacks most closely infringes upon this amendment's provisions.
What is the 4th Amendment?