Personal freedoms that government may not legitimately infringe, such as practicing one’s religion, speaking freely, communicating opinions through print and electronic media, and being secure in one’s person and property from arbitrary or oppressive government action
Civil liberties
The rights to live one’s life and engage in the political process free from discrimination on such grounds as race, sex, religion, age, or disability
Civil rights
Procedural protections that the fifth and fourteenth amendments require government to follow before depriving anyone of life, liberty, an property. These include at least fair notice and an opportunity to contest charges before a neutral tribunal
Due process of law
The judicial doctrine that the due process clause of the fourteenth amendment in effect incorporates most of the specific rights in the Bill of Rights against the states.
Incorporation doctrine
Refers to the incorporation of the bill of rights against the states as a result of Supreme Court decisions in the twentieth century
Nationalization of the Bill of Rights
The doctrine that much, but not all, of the Bill of Rights applies to the states
Selective incorporation
Provision of the first amendment that prohibits Congress from making a law “respecting an establishment of religion.”
Establishment clause
Provision of the first amendment that prohibits Congress from “prohibiting the free exercise” of religion
Free exercise clause
Document written by James Madison in 1785 opposing the use of tax money to support Christian religious instructions and making the case for freedom of religion
Memorial and Remonstrance
Thomas Jefferson’s phrase for the meaning of the establishment clause of the First Amendment; later accepted by the Supreme Court as indicating the original meaning of the establishment clause
Wall of separation
Prohibiting the publication of materials because of their harmful effects. Under English common law, government could not prevent the publication of materials but could punish the publisher after the fact
Prior restraint
Speech that government may not prohibit or punish under the first amendment guarantee of “freedom of speech”
Protected speech
Speech that the government may prohibit or punish because not included in the first amendment guarantee “freedom of speech” such as obscenity, libelous speech, and “fighting words”
Unprotected speech
Words that according to the Supreme Court (1942) “tend to incite an immediate breach of the peace” and thus are not protected by the First Amendment
Fighting words
A doctrine promulgated by the Supreme Court in 1919 according to which the government may restrict speech when the words “create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.”
Clear and present danger test
A doctrine promulgated by the Supreme Court in the twentieth century according to which the government may suppress political speech that directly incites violence, but not the “advocacy of forcible overthrow as an abstract doctrine.”
Direct incitement test
A broad term to characterize what many believe the First Amendment was designed to protect, incorporating freedom of speech and press as well as expressive conduct
Freedom of expression
Conduct by which people sometimes express their political feelings without using speech as such, such as burning the American flag as a sign of protest.
Symbolic speech
Also called expressive conduct
Symbolic speech
A defamatory statement made through speech
Slander
A defamatory statement made in writing
Libel
Sexually explicit and patently offensive materials that may be suppressed by public authorities as defined by the Supreme Court
Obscenity
The case in 1973 where the Supreme Court deemed what is obscene
Miller vs. California
The rule imposed by the Supreme Court that prohibits the use in court of evidence improperly obtained, no matter how relevant to demonstrating guilt
Exclusionary rule
The warnings required by the Supreme Court that police must give when arresting a suspect; particularly the right to remain silent and to have the assistance of an attorney
Miranda warnings
The legal test promulgated by the Supreme Court in 1971 that held that a law that raises establishment clause issues may withstand challenge only if it has a secular legislative purpose, it’s main effect neither advances nor inhibits religion, and it does not foster an excessive government entanglement with religion
Lemon test
Prohibiting the publication of materials because of their harmful effects. Under English common law, government could not prevent the publication of materials but could punish the publisher after the fact
Prior restraint
Speech that government may not prohibit or punish under the first amendment guarantee of “freedom of speech”
Protected speech
Speech that the government may prohibit or punish because not included in the first amendment guarantee “freedom of speech” such as obscenity, libelous speech, and “fighting words”
Unprotected speech
Words that according to the Supreme Court (1942) “tend to incite an immediate breach of the peace” and thus are not protected by the First Amendment
Fighting words
A doctrine promulgated by the Supreme Court in 1919 according to which the government may restrict speech when the words “create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.”
Clear and present danger test
A doctrine promulgated by the Supreme Court in the twentieth century according to which the government may suppress political speech that directly incites violence, but not the “advocacy of forcible overthrow as an abstract doctrine.”
Direct incitement test
A broad term to characterize what many believe the First Amendment was designed to protect, incorporating freedom of speech and press as well as expressive conduct
Freedom of expression
Conduct by which people sometimes express their political feelings without using speech as such, such as burning the American flag as a sign of protest.
Symbolic speech
Also called expressive conduct
Symbolic speech
A defamatory statement made through speech
Slander
A defamatory statement made in writing
Libel
Sexually explicit and patently offensive materials that may be suppressed by public authorities as defined by the Supreme Court
Obscenity
The case in 1973 where the Supreme Court deemed what is obscene
Miller vs. California
The rule imposed by the Supreme Court that prohibits the use in court of evidence improperly obtained, no matter how relevant to demonstrating guilt
Exclusionary rule
The warnings required by the Supreme Court that police must give when arresting a suspect; particularly the right to remain silent and to have the assistance of an attorney
Miranda warnings
Prohibiting the publication of materials because of their harmful effects. Under English common law, government could not prevent the publication of materials but could punish the publisher after the fact
Prior restraint
Speech that government may not prohibit or punish under the first amendment guarantee of “freedom of speech”
Protected speech
Speech that the government may prohibit or punish because not included in the first amendment guarantee “freedom of speech” such as obscenity, libelous speech, and “fighting words”
Unprotected speech
Words that according to the Supreme Court (1942) “tend to incite an immediate breach of the peace” and thus are not protected by the First Amendment
Fighting words
A doctrine promulgated by the Supreme Court in 1919 according to which the government may restrict speech when the words “create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.”
Clear and present danger test
A doctrine promulgated by the Supreme Court in the twentieth century according to which the government may suppress political speech that directly incites violence, but not the “advocacy of forcible overthrow as an abstract doctrine.”
Direct incitement test
A broad term to characterize what many believe the First Amendment was designed to protect, incorporating freedom of speech and press as well as expressive conduct
Freedom of expression
Conduct by which people sometimes express their political feelings without using speech as such, such as burning the American flag as a sign of protest.
Symbolic speech
Also called expressive conduct
Symbolic speech
A defamatory statement made through speech
Slander
A defamatory statement made in writing
Libel
Sexually explicit and patently offensive materials that may be suppressed by public authorities as defined by the Supreme Court
Obscenity
The case in 1973 where the Supreme Court deemed what is obscene
Miller vs. California
The rule imposed by the Supreme Court that prohibits the use in court of evidence improperly obtained, no matter how relevant to demonstrating guilt
Exclusionary rule
The warnings required by the Supreme Court that police must give when arresting a suspect; particularly the right to remain silent and to have the assistance of an attorney
Miranda warnings
the crime under British law that made it illegal to criticize the government in a way that undermined public support and respect; the truth of the charges was not a defense
Seditious libel
Rule by military authorities (in place of civilian officials) in time of war or civil disorder
Martial law
a term referring to the separation of the races in housing, the use of public accommodations, employment, or education.
Segregation
in the modern understanding (and as distinguished from civil liberties), a term that refers to the freedom to live one’s life and engage in the political process free from discrimination, especially because of race, ethnicity, or gender
Civil rights
treating individuals differently and unfairly because of characteristics over which they have no control, such as race, ethnically, or gender.
Discrimination
An informal network of secret routes, safe houses, and transportation run by abolitionists to help slaves escape from the South to Canada in the period before the Civil War
Underground railroad
seven debates held throughout Illinois in the Senate contest of 1858 between Democratic incumbent Stephen Douglas and Republican challenger Abraham Lincoln
Lincoln-Douglas debates
An angency in the Department of War created by Congress in 1865 to promote the welfare and legal rights of the newly freed slaves
Freedman’s Bureau
a tax assessed before someone can vote
poll tax
the doctrine promulgated by the Supreme Court in plessy v. ferguson that under the equal protection clause of the fourteenth amendment, state governments could separate the races as long as they had access to equal facilities
separate but equal doctrine
The right to vote
Suffrage
1st Amendment
protects freedom from an established church, freedom to worship, freedom of speech and press
2nd Amendment
Right to bear arms
3rd amendment
No Soldier shall be quartered in any house, without the consent of the Owner
4th amendment
protects against unreasonable search and seizer.
5th amendment
People have the right to not incriminate themselves. Prohibits being tried twice for the same crime, and right to jury
6th amendment
speedy and public trial in the district the crime was committed. have the right to know what and who the accusation is and right to lawyer
7th amendment
right to a jury trial in civil suits for more than $20
8th amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
9th amendment
the rights in the original Constitution and bill of rights is not a complete list
10th amendment
addresses powers reserved to the states and the people, not rights
Everson v. Board of education
parents for the cost of transporting of transporting their children to parochial schools. neither a state or fed. gov. can aid 1 religion, or one over another. The 1st amendment erected a high wall of separation
A state-composed prayer cannot be said in public schools according to _____
Engel v. Vitale
Lemon v. Kurtzman
3 part rule of thumb to govern Establishment Clause cases.
Abington Township v. Schemp
forbade all prayer and devotional Bible reading in public schools.
Stone v. Graham
Public schools may not display copies of the 10 commandments even if they were donated by a private person
Edwards v. Aquillaid
states may not require teaching of creation science along with evolution in public schools. Only evolution may be taught
Wallace v. Jaffree
States may not encourage silent prayer in public schools
Rosenburg v. University of Virginia
state universities may not discriminate against Christian student group
Good News Club v. Milford Central school
student led religious clubs must get some access to facilitate after school as non-religious groups
Walz v. Tax commission
court held that tax exemption for churches do NOT violate the 1st amendment
Texas v. Johnson
burning the US flag is symbolic speech protected by 1st amendment
Roth v. US
obscenity is NOT protected by the 1st amendment
Miller v. California
test including contemporary community standards
New York Times v. Sullivan
private persons charging libel must show that statement was false
Mapp v. Ohio
extended the exclusionary rule to the state courts to deter improper police behavior
Miranda v. Arizona
the court replaced “totality of circumstances” with a standard of required specific rights given to criminals by the police.
Roe v. Wade
right to privacy
Provisions of Roe
.
1st trimester
no state regulation of abortion. Privacy of mother is only consideration
2nd trimester
reasonable regulation of means of abortion permitted. State’s concern for health of the mother
3rd trimester
states may regulate or forbid abortion UNLESS the life/health of the mother is threatened. State’s concern for the life of the potential citizen
Barron v. Baltimore
claimed violation of the 5th amendment because he did not receive “just compensation”. Held that Bill of Rights applies only to national government
Gitlow v. New York
Gitlow was convicted of violating legislation that outlawed anti-government speech that is spread to the general public in newspaper, magazine or other print. In response to these charges, Benjamin Gitlow appealed claiming the State of New York violated his constitutional right. he court also found that the individual state governments were not allowed to deny their residents the civil and human rights expressed within the United States Constitution
Which amendment has not been incorporated against the states?
7th amendment
Reynolds v. US
court held that free exercise of religion is NOT absolute. Freedom to believe IS absolute, but freedom to practice is not.
Pierce v. Society of the sisters
Students cannot be required to attend public school
Sherbert v. Vernen
unemployment compensation for 7th day adventists who refused to work on Saturday.
Wisconsin v. Yoder
Amish children cannot be placed under compulsory education past the 8th grade, for it violated their parents’ basic right to freedom of religion.
Which of the Bill of Rights have not been incorporated so far?
3,5,7, and 8
Which amendment has NOT been incorporated into the fourteenth amendment due process of law clause?
.