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The legal consitutional protections against government |
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The first 10 amendments to the Constitution, which define such liberties as freedom of religion, speech, and press and guarantee defendants' rights |
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Establishes freedom of the press, speech, religion, and assembly |
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The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities |
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The 1925 Supreme Court decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the 14th Amendment from impairment by the states" and by the federal government |
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Adopted after the Civil War that states, "No State shall make any law which shall abridge the privileges of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws" |
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Part of the 14th Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the United States without due process of law |
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The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the 14th Amendment |
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Part of the 1st Amendment stating that "Congress shall make no law respecting an establishment of religion" |
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A 1st Amendment provision that prohibits government from interfering with the practice of religion |
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The 1971 Supreme Court decision that established that aid to church-related schools must have a secular legislative purpose; have a primary effect that neither advances nor inhibits religion; and not foster excessive government entanglement with religion |
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The 2002 Supreme Court decision that upheld a state providing families with vouchers that could be used to pay for tuition at religious schools |
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The 1962 Supreme Court decision holding that state officials violated the 1st Amendment when they wrote a prayer to be recited by New York's schoolchildren |
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School District of Abington Township, Pennsylvania v. Schempp |
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A 1963 Supreme Court decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the 1st Amendment |
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A government preventing material from being published. Unconstitutional in the United States, according to the 1st Amendment. |
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The 1931 Supreme Court decision holding that the 1st Amendment protects newspapers from prior restraint |
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A 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I |
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Zurcher v. Stanford Daily |
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A 1978 Supreme Court decision holding that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the 1st Amendment rights to freedom of the press |
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A 1957 Supreme Court decision ruling that “obscenity is not within the area of constitutionally protected speech or press” |
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A 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a “prurient interest” and being “patently offensive” and lacking in value |
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The publication of false or malicious statements that damage someone’s reputation |
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New York Times v. Sullivan |
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Decided in 1964, it established the guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made with “actual malice” and reckless disregard for the truth. |
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A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the 1st Amendment |
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Nonverbal communication, such as burning a flag or wearing an armband |
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Communication in the form of advertising |
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Miami Herald Publishing Company v. Tornillo |
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A 1974 case, in which the Supreme Court held that a state could not force a newspaper to print replies from candidates it had criticized, illustrating the limited power of government to restrict the print media |
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Red Lion Broadcasting Company v. Federal Communications Commission |
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A 1969 case in which the Supreme Court upheld restrictions on radio and television broadcasting. These restrictions on the broadcast media are much tighter because there are a limited number of broadcasting frequencies available. |
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The Supreme Court protected the right to assemble peaceably when it decided the NAACP did not have to reveal its membership list and subject its members to harassment |
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The situation occurring when the police have reason to believe that a person should be arrested |
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Unreasonable Searches and Seizures |
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Obtaining evidence in a haphazard or random manner, a practice prohibited by the 4th Amendment |
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A written authorization from a court specifying the area to be searched and what the police are searching for |
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The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained |
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The 1961 Supreme Court decision ruling that the 4th Amendment’s protection against unreasonable searches and seizures must be extended to the states and to the federal government |
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Designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law |
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The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The 5th Amendment forbids it. |
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The 1966 Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination and their right to counsel |
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Designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial. |
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The 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed, however poor he or she might be, has a right to a lawyer |
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A bargain struck between the defendant’s lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime in exchange for the state’s promise not to prosecute the defendant for a more serious crime |
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Forbids cruel and unusual punishment |
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Cruel and Unusual Punishment |
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Court sentences prohibited by the 8th Amendment |
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The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating, “It is an extreme sanction, suitable to the most extreme of crimes” |
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The 1987 Supreme Court decision that upheld the constitutionality of the death penalty against charges that it violated the 14th Amendment because minority defendants were more likely to receive the death penalty than were White defendants |
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The right to a private personal life free from the intrusion of government |
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The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional |
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Planned Parenthood v. Casey |
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A 1992 case in which the Supreme Court loosened its standard for evaluating restrictions on abortion from one of “strict scrutiny” of any restraints on a “fundamental right” to one of “undue burden” that permits considerably more regulation |
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