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Court Cases GOV
| Term | Definition |
|---|---|
| Civil liberties | The constitutional and other legal protections against government actions. Our civil liberties are formally set down in the Bill of Rights |
| Bill of Rights | The first 10 amendments to the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and press and guarantee defendants rights |
| First amendment | The constitutional amendment that establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly |
| Barron v. Baltimore | The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities |
| Fourteenth Amendment | The constitutional amendment adopted after the Civil War that declares that no state can deprive life, liberty, or property without due process. No denying equal protection. |
| Gitlow v. New York | 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 of the states” as well as by the federal government |
| Incorporation doctrine | 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 |
| Establishment clause | Part of the First Amendment stating that “Congress shall make no law respecting an establishment of religion.” |
| Free exercise clause | A first amendment provision that prohibits government from interfering with the practice of religion |
| Lemon v. Kurtzman | The 1971 decision that said aid to church-related schools must 1) have secular legislative purpose; 2) have a primary effect that neither advances nor inhibits its religion; and 3) not foster excessive government entanglement with religion |
| Zelman v. Simmons-Harris | The 2002 Supreme Court decision that upheld a state program providing families with vouchers that could be used to pay for tuition at religious schools |
| Engel v. Vitale | The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York’s schoolchildren |
| School district of Abington Township, Pennsylvania v. Schempp | The 1963 Supreme Court decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the First amendment |
| Prior restraint | Government actions preventing material from being published. Prior restraint is usually prohibited by the First amendment, as confirmed in Near v. Minnesota |
| Near v. Minnesota | The 1931 Supreme Court decision holding that the First Amendment protects newspapers from prior restraint |
| Schenck v. United States | A 1919 decision upholding the conviction of a socialist who had urged resistance to the draft during World War 1. Justice Holmes declared that government can limit speech if the speech provokes a “clear and present danger" of substantive evils |
| Roth v. United States | A 1957 Supreme Court decision ruling that “obscenity is not within the area of constitutionally protected speech or press.” |
| Miller v. California | A 1973 Supreme Court decision holding that community standards be used to determine whether material is obscene in terms of appealing to a “prurient interest” and being “potentially offensive” and lacking in value. |
| Libel | The publication of false and malicious statements that damage someone’s reputation |
| New York Times v. Sullivan | A 1964 Supreme Court decision establishing that, to win damage suits for libel, public figures must prove that the defamatory statements were made with :actual malice” and reckless disregard for the truth |
| Texas v. Johnson | 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 first amendment |
| Symbolic speech | Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the First Amendment |
| Zurcher v. Stanford Daily | A 1978 Supreme Court decision holding that a search warrant could be applied to a newspaper without necessarily violating the First Amendment rights to freedom of the press |
| Commercial speech | Communication in the form of advertising, which can be restricted more than many other types of speech. |
| Miami Herald Publishing Company v. Tornillo | 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 |
| Red Lion Broadcasting Company v. Federal Communications Commission | A 1969 case where SC upheld restrictions on radio/television broadcasting similar to those it had overturned in Miami Herald Publishing Company v. Tornillo. Such regulations r justified because they're limited number of broadcasting outlets available. |
| NAACP v. Alabama | The 1958 Supreme Court decision that the right to assemble meant Alabama could not require the state chapter of NAACP to reveal its membership list |
| D.C. v. Heller 2008 | 2ndam protects right to possess a firearm unconnected with service in a militia/to use that arm for lawful purposes, like self-defense @home. The restriction that a gun be locked @home is unconstitutional bcuz then it cannot be used 4selfdefense. |
| McDonald v. Chicago | 2010 case where the Court extended the 2nd amendment limits on restricting an individual's right to bear arms to state and local gun control laws |
| Probable cause | The situation in which the police have reasonable grounds to believe that person should be arrested |
| Unreasonable search and seizures | Obtaining evidence in a haphazard or random manner, practice prohibited by the 14th Amendment. Probable cause and/or a search warrant are required for a legal and proper search for and seizure of incriminating evidence |
| Search warrant | A written authorization from a court specifying the area to be searched and what the police are searching for |
| Exclusionary rule | The rule that evidence cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits use of evidence obtained through unreasonable search and seize. |
| Mapp v. Ohio | The 1961 Supreme Court decision ruling that the Fourth Amendment’s protection against unreasonable searches and seizures must be extended to the states |
| 5th amendment | A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law |
| Self-incimination | The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The fifth Amendment forbids involuntary self-incrimination |
| Miranda v. Arizona | The 1966 Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their rights to counsel |
| Sixth Amendment | A constitutional amendment 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 |
| Gideon v. Wainwright | The 1963 Supreme Court decision holding that anyone, however poor, accused of a felony where imprisonment may be imposed has a right to a lawyer |
| Plea bargaining | 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 for the defendant for a more serious ( or additional) crime |
| Eighth amendment | The constitutional amendment that forbids cruel and unusual punishment |
| Cruel and unusual punishment | Court sentences prohibited by the eighth amendment |
| Gregg v. Georgia | The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, as “an extreme sanction, suitable to the most extreme of crimes.” |
| McCleskey v. Kemp | 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 |
| Right to privacy | The right to a private personal life free from the intrusion of government |
| Roe v. Wade | The 1973 decision that a state ban on abortions was not ok. The decision forbade state control on abortions fo 1st trimester, permitted states to limit abortions to protect the mother’s health in 2nd trimester/permitted states to ban ab in 3rd trimester |
| Planned Parenthood v. Casey | 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 |
| Obergefell v. Hodges | 2015 court case which stated that gay marriage is legal and should not be discriminated against |
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