The First Amendment
This case established the "imminent lawless action" test, protecting speech unless it is intended to and likely to incite immediate violence
What is Brandenburg v. Ohio?
This is the process by which the Bill of Rights is made applicable to the states through the 14th Amendment's Due Process Clause
What is Selective Incorporation?
This case held that "neutral laws of general applicability" do not get strict scrutiny, even if they burden religious practices like using peyote
What is Employment Division v. Smith?
This 1833 case originally held that the Bill of Rights only applied to the Federal Government, not the states
What is Barron v. Baltimore?
This case struck down a city ordinance because it targeted a specific religious group (Santeria) for its animal sacrifice rituals
What is Church of Lukumi Babalu Aye v. Hialeah?
This doctrine protects fundamental rights not explicitly listed in the Constitution, such as the right to marry or raise children
What is Substantive Due Process?
This 2022 case replaced the long-standing "Lemon Test" with a standard based on "history and tradition" regarding school prayer on a football field
What is Kennedy v. Bremerton?
This three-part balancing test is used to determine what procedures the government must provide before depriving someone of life, liberty, or property
What is the Mathews v. Eldridge Test?
This "True Threats" case recently ruled that the government must prove a speaker had a "reckless" subjective awareness of the threat's impact
What is Counterman v. Colorado?
This 2022 case overruled Roe v. Wade, stating that the Constitution does not protect a right to abortion and returning the issue to the states
What is Dobbs v. Jackson?