Free Speech
In a case decided under the Espionage Act of 1917, the Supreme Court used this test, now disregarded, in determining when a government can intervene or censor speech
What is "clear and present danger"?
Clause in the First Amendment that creates a wall of separation between church and state
What is the "establishment clause"?
In 1833, John Barron claimed that the city of Baltimore had done this to his property and violated what Amendment to the Constitution
Taken it without compensation in violation of the Fifth Amendment
This Supreme Court case "incorporated" the Sixth Amendment's right to counsel to defendants in State criminal cases
What is Gideon v. Wainwright (1963)?
State that did not allow the sale of contraceptives to married couples until 1965
What is Connecticut?
The standard now applied by the Supreme Court when reviewing any attempt by government to restrict fundamental freedoms
What is "strict scrutiny"?
This phrase was inserted into the Pledge of Allegiance in 1954 in the midst of the Cold War
What is "under God"?
The constitutional issue in Palko v. Connecticut (1937)
What is "double jeopardy" - the protection against being tried twice for the same offense?
Landmark Supreme Court case that required suspects to be advised of their constitutional rights before questioning
What is Miranda v. Arizona (1966)?
The ruling in Brandenburg vs. Ohio (1969) protects speech as long as it fall short of this standard
What is "inciting or producing imminently lawless action"?
The Supreme Court case of United States vs. O'Brien (1968) upheld a federal law making this symbolic act a crime
What is burning a draft card?
The Supreme Court has ruled, somewhat inconsistently, on the display of these Biblical "rules"
What are the Ten Commandments?
Constitutional amendment ratified in 1868 that provides for a single, national citizenship
What is the 14th Amendment?
This rule was established in the Supreme Court case of Mapp vs. Ohio (1961)
What is the "exclusionary rule" that prohibits evidence seized in violation of the Fourth Amendment from being used in State criminal cases?
"Actual malice" or "reckless disregard for the truth"
Requirement imposed in New York Times vs. Sullivan (1964) that public officials must show in order to successfully sue for libel
A political protester's right to burn the American flag was upheld by this Supreme Court case
What is Texas vs. Johnson (1989)?
Secular in nature, neither advances nor inhibits religion, does not foster excessive government entanglement with religion
What is the "Lemon Test"?
The legal doctrine used by the Supreme Court that provided for "one by one" application of the Bill of Rights to the citizens of the states
What is "selective incorporation"?
The case of Palko vs. Connecticute (1937) held that this 5th Amendment right was protected against violation by state action
What is"double jeopardy"?
In the 1972 case of Gregg vs. Georgia, the Supreme Court used this Amendment to overturn death penalty statutes in several states
What is the Eighth Amendment?
The legal doctrine that prohibits the government from interfering to block publication of material it deems harmful
What is "prior restraint"?
Between 1940 and 1943, the Supreme Court reversed itself to allow students with religious objections to do this
What is refuse to stand and salute the flag?
The Supreme Court case that held that freedom of speech was a "fundamental personal right" and protected against state action
What is Gitlow vs. New York (1925)?
The tactic used by police to confront an individual they believe is acting "suspiciously" and then question the individual and conduct a search for weapons
What is "stop and frisk"?
This controversial 2008 Supreme Court case ruled that the federal government could not prohibit individuals from owning a handgun for self-defense in their home
What is District of Columbia vs. Heller (2008)?