Civil Liberties Flashcards
2nd
Right to keep and bear arms
1st
Freedom of religion speech press protest
Expression
Fundamental
3rd
No quartering of soldiers
Privacy
4th
Search and seizure
Fundamental
5th
Due process, self incrimination, double jeopardy, eminent domain
Rights of the accused
6th
Due process
Fair and speedy trial , jury, lawyer, clear accusation, confront accuser, public trial
7th
Trial by jury in civil cases
8th
No excessive bail, no cruel and unusual punishment
Rights of the convicted
9th
Congress can create rights
Privacy
10th
Powers not in the United States constitution are left up to the states
14th
Citizenship clause
Privileges and immunities
Due process
Equal protection
Barron v Baltimore
1833
State constitution didn’t protect eminent domain, state didn’t have to pay for damaging wharf
Palko v Connecticut
1937
Murderer tried twice, violated double jeopardy, found not a fundamental right, selective incorporation
Gideon v wainwright
1963
Incorporates part of the 6th amendment, right to council is fundamental
Gitlow v New York
1925
Tested due process clause, suggests state is denying him right of free speech, loses, but court says that every American has the right to free speech
Mapp v ohio
1961
State policy conducted search without a warrant, 4th amendment is found a fundamental right and is incorporated
Slaughterhouse cases
1873
State gov gave monopoly to a business, ok because they weren’t black
Lukumi Babalu aye v city of Hialeah
1993
Animals may be sacrificed as a religious ritual
Roe v wade
1973
Abortions legal in first 3 months
Near v Minnesota
1931
Freedom of press is a fundamental right, cannot censor or use prior restraint
Pierce v society of sisters
1925
Students may choose private schools instead of public
Oregon v smith
1990
A state can deny unemployment for use of drugs for a religious ritual
Tinker v Des Moines
1969
No prior restraint, can’t limit a students rights if it doesn’t distract from the learning environment
US v O’Brien
1968
Burning draft cards is not protected speech because cards are government property
New York Times v US
1971
Freedom of the press means more than national security and executive privilege
Everson v board of education
1947
Public schools busing kids to private schools, didn’t violate establishment clause, public buses are required to transport all
Planned parenthood v Casey
1992
No spousal notification
Wisconsin v yoder
1972
Amish parents don’t have to keep kids in school after 8th grade
Texas v Johnson
1989
Flag burning is protected speech
Virginia v black
2003
Cross-burning is protected as long as it’s not targeting an individual
Reynolds v United States
1878
Polygamy is not protected by the free exercise clause
Lemon v Kurtzman
1971 Developed lemon test
- Law must have secular purpose
- Must not have primary effect of inhibiting or advancing religion
- No “excessive entanglement” with religion (money)
Stone v graham
1980
Kentucky public schools were posting 10 commandments, violates the establishment clause, leads to formation of the Christian coalition
Lee v Weisman
1992
Prayers at graduation violated the establishment clause
Hazelwood school district v Kuhlmeier
1987
Principals can censor school newspaper
Miranda v Arizona
1966
Those arrested must be made aware of their rights
Escobedo v Illinois
1964
Gave right to an attorney during police questioning
Minersville school district v gobitis
1940
Schools could force students to say pledge of allegiance
Jacobellis v Ohio
Obscenity
“I know it when I see it”
Miller v California
Obscenity test
- Average person applying present day standards appears to prurient interest
- Work violates state law
- Work lacks artistic, political or scientific value
Morse v Frederick
2007
Cannot home around about illicit drugs in schools
Griswold v Connecticut
1965
Constitution protects privacy in marital bedroom
Engel v Vitale
1962
Mandated prayer violated establishment clause in schools
Wallace v Jaffree
1985
Moment of silence violated establishment clause
Santa Fe independent school district v doe
2000
No school led prayer at football game at private school
