Chapter 4 Terms and Cases
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| Civil Liberties | The legal constitutional protections against government.
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| Bill of Rights | The first 10 Amendments to the Constitution, which define such basic liberties such as freedom of religion, freedom of speech, and press and guarantee defendants' rights.
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| Barron V. Baltimore | The 1833 SCOTUS decision holding that the Bill of Rights restrained only the national government, not the states and cities.
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| Gitlow V. New York | The 1925 SCOTUS decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states," as well as by the federal government.
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| Fourteenth Amendent | States can't make or enforce a law abridging the privileges or immunities of citizens of the United States; nor shall any state deprive anyone of life, liberty or property without due process; or deny anyone in jurisdiction equal protections of the laws.
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| Doctrine of Incorporation | Legal concept under which the SCOTUS has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment.
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| Establishment Clause of Freedom of Religion | Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion."
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| Free Exercise Clause of Freedom of Religion | A First Amendment provision that prohibits government from interfering with the practice of religion.
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| Lemon V. Kurtzman | SCOTUS decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances of prohibits religion; and (3) not foster excessive government entanglement with religion.
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| Zelman V. Simmons-Harris | The 2002 SCOTUS decision that upheld a state providing families with vouchers that could be used to pay for tuition at religious schools.
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| Engel V. Vitale | The 1962 SCOTUS decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.
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| Abington V. Schempp | A 1963 SCOTUS decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the First Amendment.
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| Employment Division V. Smith | SCOTUS case where the court discarded its previous requirement for a compelling interest before a government could even indirectly limit or prohibit religious practices.
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| Prior Restraint | A government preventing material form being published.
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| Near v Minnesota | The 1931 Supreme Court decision hold that the 1st Ammendment protects newspapers from prior restraint
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| Schenck v US | 1919 decision upholding the conviction of a socialist ho had urged young men to resist the draft during WWI. Just. Holmes declared that government can limit speech if the speech provokes a "clear and present danger' of substantive evils
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| Smith Act | It forbade advocating the violent overthrow of the American government. McCarthy used this to persecute people they thought were subversive.
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| Yates V. US and Brandonburg v. Ohio | Smith Act got a more narrow interpretation and in later years these acts actually made it permissible to advocate for the violent overthrow of the government in the abstract but not to actually incite anyone to lawless action
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| Branzburg v. Hayes | Some states have passed shield laws to protect reporters from having to give up their notes or sources. In the absence of shield laws the right of a fair trial preempts the reporter's right to protect sources according to this case.
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| Zurcher V. Stanford Daily | A 1978 SC decision holding that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the 1st Ammendment right to freedom of the press. case involved a student government newspaper at Stanford beli
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| Roth v US | 1957 SC decision ruling that obscenity is not within the area of constitutionally protected speech or press
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| Miller v California | 1973 SC decision that avoided defining obscenity community standards (average people) should be used to determine if something is obscene such as appealed to a prurient interest in sex or is patently offensive and lacking in value.
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| Libel and Slander | libel-publication of false or malicious statements that damage someone's reputation
slander-spoken defamation whereas libel is written
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| New York Times v Sullivan | 1964 case 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 truth
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| Hustler Magazine v Falwell | SC ruled in favor of magazine in that the press can go pretty far to parody or lampoon a public figure.
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| Symbolic speech | nonverbal communication such as burning a flag or wearing an armband. SC has accorded some symbolic speech protection under 1st Amm
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| commercial speech | communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the SC
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| Miami Herald Publishing Co v Tornillo | 1974 case in which the SC held that a state could not force a newspaper to print replies from candidate it had criticized, illustrating the limited power of government to restrict the print media
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| Red Lion broadcasting co v FCC | 1969 case in which the SC upheld restrictions on radio and TV broadcasting. These restrictions on the broadcast media are much tighter than those on the print media bc there are only a limited number of broadcasting frequencies available
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| NAACP v Alabama | SC protected the right to assemble peaceably in this 1958 case when it decided the NAACP did not have to reveal its membership list and thus subject its members to harrassment
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| DC v Hiller and McDonald v Chicago | 2nd Ammendment protects an individual right to possess a firearm unconnected with service in a militia and to use that arm for traditionally lawful purposes such as self defense within the home.
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| probable cause | the situation occurring when the police have reason to beliee that a person should be arrested. In making the arrest, police are allowed legally to search for and seie incriminating evidenc
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| search warrant | are required for a legal and proper search for and seizure of incriminating evidence
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| Mapp v Ohio | 1961 SC decision ruling that the 4th amendment's protect ionagainst unreasonale searches and seizures must be extended to the states as well as to the fed gov
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| Exclusionary Rule | trial if it was not constitutionally obstained
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| Miranda v Arizona | 1966 SC decision that sets guidelines for police questioning of accused persons to protect them against self incrimination and to protect their right to counsel
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| Gideon v Wainwright | anyone accused o a felony where imprisonment may be imposed however poor has a right to a lawyer
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| Hamdan v Rumsfeld | SC held that the procedures Pres. Bush had approved for trying prisoners at Gitmo lacked congressional authoroization and violated Uniform Code of Mil Justice.
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| Hammdi v Rumsfeld | right to challenge their detention before a judge or other neutral decision maker
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| Gregg v Georgia | 1976 SC decision that uphelf the constitutionality of the death penalty- does not constitute cruel and unusual punishment
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| McCleskey v Kemp | 1987 SC decision that upheld the constitutionality of the death penatly against charges that it violated the 14th Amm. nc minority defendents wer more likely to receive death pen.
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| Griswold b Connecticut |
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| Planned Parenthood v Casey | loosened its standards for evaluating restrictions on abortion from one of strict scrutinty of any restraints on a fundamental right to one of undue burden that permits considerabley more regulation
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