Religion (1st Amend)
This First Amendment clause prevents the government from establishing an official state religion or favoring one over another.
(What is the Establishment Clause?)
Wearing an armband or burning a flag are examples of this type of non-verbal communication.
(What is symbolic speech?)
This 14th Amendment clause is the "bridge" used to apply the Bill of Rights to the states.
(What is the Due Process Clause?)
This 14th Amendment clause was the basis for the ruling in Brown v. Board of Education.
(What is the Equal Protection Clause?)
This Latin term means "let the decision stand," referring to the Court's reliance on precedent.
(What is stare decisis?)
In Engel v. Vitale, the Court ruled that this voluntary activity in public schools was unconstitutional.
(What is school-sponsored prayer?)
In Tinker v. Des Moines, the Court said students have rights as long as their speech doesn’t cause this.
(What is a substantial disruption?)
This 1963 case ensured that even those who cannot afford an attorney are provided one by the state.
(What is Gideon v. Wainwright?)
This 1896 case established the "separate but equal" doctrine that Brown eventually overturned.
(What is Plessy v. Ferguson?)
A "friend of the court" brief filed by an outside group to influence the Court’s decision.
(What is an amicus curiae brief?)
This 1972 case ruled that a state’s interest in compulsory education must yield to the "Free Exercise" rights of the Amish.
(What is Wisconsin v. Yoder?)
This 1919 case established the "Clear and Present Danger" test for limiting speech.
(What is Schenck v. U.S.?)
The Court found a "Right to Privacy" in the "shadows," or these, of several amendments.
(What are penumbras?)
In Brown, the Court argued that segregation was "inherently unequal" because it created a sense of this in minority children.
(What is inferiority?)
The highest level of judicial review, used for cases involving race or fundamental liberties.
(What is strict scrutiny?)
While the Establishment Clause stops government "pushing" religion, this clause stops government from "crushing" your practice.
(What is the Free Exercise Clause?)
The government’s attempt to block the New York Times from publishing the Pentagon Papers was a failed attempt at this legal tactic.
(What is prior restraint?)
This 2010 case used the 14th Amendment to apply the 2nd Amendment's right to bear arms to the states.
(What is McDonald v. Chicago?)
This landmark law passed by Congress in 1964 banned discrimination in public accommodations and employment.
(What is the Civil Rights Act of 1964?)
This rule prevents evidence gathered in an unconstitutional search from being used in trial.
(What is the Exclusionary Rule?)
To survive an Establishment Clause challenge, a law must have a secular purpose and not result in "excessive entanglement," a logic known as this (named after a 1971 case).
(What is the Lemon Test?)
To win a libel suit, a public official must prove this—that the publisher knew the info was false or showed "reckless disregard" for the truth.
(What is actual malice?)
This legal doctrine allows the Supreme Court to apply only some of the Bill of Rights to the states on a case-by-case basis.
(What is selective incorporation?)
This type of segregation occurs by "law," whereas de facto segregation occurs by custom or personal choice.
(What is de jure segregation?)
This 1966 case established that police must inform suspects of their 5th and 6th Amendment rights before questioning.
(What is Miranda v. Arizona?)