Basic Info
Constitutionally guaranteed personal freedoms protected from arbitrary governmental interference
What are civil liberties?
An Amish Family contested the state public schools. Decision was that individual's interests in the free exercise of religion under the First Amendment outweighed the State's interests in compelling school attendance beyond the eighth grade.
What was Wisconsin V. Yoder?
Non-verbal actions that express a viewpoint, sometimes on controversial issues. This is protected speech.
People have the right to give and receive published information without government interference.
What is Free Press?
National Firearms Act (1934). Why: Prohibition-Era related crime. Gun Control Act (1968). Why: an increase in assassinations & urban crime.
What were modern attempts at gun control?
Guarantees the protection of liberties and rights by explicitly listing them.
What is the Bill of Rights?
Federal, State, and Local governments cannot establish, recognize, nor disregard any religion.
What is the Establishment Clause?
A defense of free speech rights for students, also emphasized the limits of free speech rights in schools; schools may limit student speech when it “materially or substantially interferes” with a school’s operations and teaching students.
What was Tinker V. Des Moines?
False statements that damage a person’s reputation (Defamation).
What is Libel?
An attempted assassination on Reagan led to background checks and a five-day waiting period.
What was the Brady Bill?
Created at the suggestions of states where gun ownership and gun regulations were common.
What is the 2nd Amendment?
Prevents the government from stopping religious practices.
What is the Free Exercise Clause?
Difficult to define; usually sexual in nature. This is unprotected speech.
What is Obscene Speech?
Allows published information to have unintended inaccuracies without being sued for libel.
What is "Breathing Space"?
Set the stage for lifting gov. regulations on private gun ownership.
What was District of Columbia V. Heller (2008)?
Protects against cruel & unusual punishment and excessive fines.
Tested state violations of the Establishment Clause. State funding of private schools = "Excessive Entanglement"
What is the Lemon Test?
False statements that cause harm or violence. (However-Defamation can be protected if no measurable harm is done). This is unprotected speech.
What is Defamatory Speech?
The right to stop printed and spoken expression in advance (ex- if it can expose a military or national security secret).
What is Prior Restraint?
National hold on the death penalty; guidelines were restructured & limits were created.
What was Furman V. Georgia?
Protects against unreasonable and unwarranted searches & seizures. Probable Clause- A crime in plain view does not need a warrant.
What is the 4th Amendment?
The decision meant that states cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion.
What is Engel V. Vitale?
The Court held that the Espionage Act did not violate the First Amendment and was an appropriate exercise of Congress’ wartime authority. Created the “clear and present danger test.” The First Amendment does not protect speech that approaches creating a clear and present danger of a significant evil that Congress has power to prevent.
What was Schneck V. United States?
Often referred to as the “Pentagon Papers” case, the landmark Supreme Court decision in 1971 defended the First Amendment right of free press against prior restraint by the government.
What was New York Times V. United States?
Telephone data minus the actual conversation; can be collected without a warrant.
What is Metadata?