Due Process
Denies the government the right (without this) to deprive people of life, liberty, and property
Equal protection of the law
A standard of equal treatment that must be observed by the government
Selective Incorporation
The process whereby the Court has applied many parts of the Bill of Rights to the states.
Freedom of Expression
Right of the people to speak, publish and assemble
Freedom of Religion
People shall be free to exercise their religion, and government may not establish a religion
Prior Restrain
Censorship of a publication
Clear and present danger test
Law should not punish speech unless there was a clear and present danger of producing harmful actions
Libel
Writing that falsely injures another person
Symbolic Speech
An act that conveys a political message
Free-exercise clause
First Amendment requirement that law cannot prevent free exercise of religion
Establishment clause
First Amendment ban on laws establishing a religion
Schenck v United States
Speech may be punished if it creates a clear and present danger of illegal acts
Chaplinsky v New Hampshire
Fighting words are not protected by the First Amendment
New York Times v Sullivan
To libel a public figure, there must be "actual malice
Tinker v Des Moines
Students do not loose their freedom of speech at the schoolhouse gates
Miller v California
Obscenity defined as appealing to prurient interests of an average person with materials that lack literary, artistic, political or scientific value
Texas v Johnson
There may not be a law to ban flag-burning
Reno v ACLU
A law that bans sending "indecent" materials to minors over the internet is unconstitutional because "indecent" is to vague and broad a term
FEC v Wisconsin Right to Life
Prohibits campaign finance reform law from banning political adocacy
Citizens United v FEC
The part of the McCain-Feingold campaign finance reform law that prevents corporations and labor unions from spending money on advertisements, independent of political candidates or parties, in political campaigns is unconstitutional
Wall of Separation
Court ruling that government cannot be involved with religion
Pierce v Society of Sisters
Though states may require public education, they may not require that students attend only public schools
Everson v Board of Education
The wall of separation principle is announced
Zorauch v Clauson
States may allow students to be released from public schools to attend religious instruction
Engel v Vitale
There may not be a prayer, even a nondenominational one, in public schools
Lemon v Kurtzman
Laws must a) have a strictly secular purpose, b) neither advance nor inhibit a religion and c) not foster an excessive government entanglement with religion
Santa Fe Independent School District v Doe
Students may not lead prayers before the start of a football game at a public school
Zelman v Simmons-Harris
Voucher plan to pay school bills is upheld
Exclusionary Rule
Improperly gathered evidence may not be introduced in a criminal trial
Search Warrent
A judge's order authorizing a search
Probable Cause
Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion
Good-faith exception
An error in gathering evidence sufficiently minor that it may be used in a tril
Public safety exception
The police can question an un-Mirandized suspect if there is an urgent concern for public safety
Inevitable discovery
The police can use evidence if it would inevitably have been discovered
Mapp v Ohio
Evidence illegally gathered by the police may not be used in a criminal trial
Gideon v Wainwright
Persons charged with a crime have a right to an attorney even if they cannot afford one
Miranda v Arizona
Court describes warning that police must give to arrested persons
United States v Leon
Illegally obtained evidence may be used in a trial if it was gathered in good faith without violating the principles of the Mapp decision
Dickerson v United States
The Mapp decision is based on the Constitution and cannot be altered by Congress passing a law
Rasul v Bush
Terrorist detainees must have access to a neutral court to decide if they are legally held