1st Amendment
Provides protection from government retaliation for your words, writings, art, etc.
Consequences or sentences that are disproportionate to your crime. Protected against by the 8th amendment.
What is cruel and unusual punishment?
Speech that could endanger others (whether true or false). Example: Can't scream fire in a crowded movie theater
What is clear and present danger?
The protection from being tried twice for the same crime.
What is double jeopardy? (5th)
A law that gives reporters protection against being forced to disclose confidential information or sources in state court.
What is a shield law?
Forbids the government from establishing a state religion
What is freedom of religion?
An amount of money disproportionate to your crime that you would need to pay to be free before your trial. Protected against by 8th amendment
What is excessive bail?
Indecent expression in the form of words, actions, gestures, or more.
Obscenity
Requirement that legal matters be resolved according to established rules and principles and that individuals be treated fairly.
What is due process?
Evidence that might otherwise be not included (was obtained illegally) in a court case can be included if the State can show that the evidence would have been inevitably and legally discovered.
What is the inevitable discovery rule?
Permits the sharing of information, ideas, and opinions without prosecution from the government, even if the information was meant to be kept secret.
Freedom of the press
Your court cases needs to be fast (proportional to how complex the case is).
What is the right to a speedy trial?
The action of making knowingly false SPOKEN statement about a person or group with the intent of damaging their reputation
What is slander?
When you give up evidence that gets you in trouble or gives evidence against yourself in a court case. Protected against by the 5th.
What is self-incrimination?
What is de jure segregation?
Ability to gather together and stage protests against the government without fear of retaliation.
What is freedom of assembly?
A judicial order permitting police or federal officers to search your property.
What is a search warrant?
The action of making knowingly false WRITTEN statement about a person or group with the intent of damaging their reputation.
What is libel?
A group of people presented with evidence who make the determination for whether or not a person should be charged with a crime.
What is a grand jury? (5th)
What is de facto segregation?
Right to ask for the government to take action on a need or concern.
What is the freedom to petition the government?
The justification needed to get a search warrant issued or search a person or property. Needs to be based on objective circumstances and evidence.
What is probable cause?
The idea that any limits on free speech must be because of severe threats to the nation; the speech cannot just be offensive, it needs to be damaging or dangerous.
What is the preferred position doctrine?
The government power to take your property for "public use," even if you don't want to sell it.
What is eminent domain?
A report made to a court in the event of unlawful detention or imprisonment that requests the person be brought to court to determine whether their detention is lawful.
What is habeas corpus?