Term
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Definition
| Denies the gov't the right, without due process, to deprive people of life, liberty, and property. |
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Term
Equal protection of the law |
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Definition
| A standard of equal treatment that must be observed by the gov't. |
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Term
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Definition
| Court cases that apply Bill of Rights to states. |
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Term
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Definition
Right of people to speak, publish, and assemble. |
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Term
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Definition
| People shall be free to exercise their religion, and gov't may not establish a religion. |
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Term
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Definition
| Supreme Court says the First Amendment applies to states. |
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Term
| Palko v. Connecticut 1937 |
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Definition
| Supreme Court says that states must observe all "fundamental" liberties. |
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Term
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Definition
| Censorship of a publication. |
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Term
| Clear-and-present-danger test |
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Definition
| Law should not punish speech unless there was a clear and present danger of producing harmful actions. |
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Term
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Definition
| Writing that falsely injures another person. |
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Term
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Definition
| An act that conveys a political message. |
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Term
| Chaplinksy v. New Hampshire 1942 |
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Definition
| "Fighting words"are not protected by the First Amendment. |
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Term
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Definition
| The Nazi Party may march through a largely Jewish neighborhood. |
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Term
| McConnell v. Federal Election Commission 2003 |
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Definition
| Upholds 2002 campaign finance reform law. |
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Term
| Miller v. California 1973 |
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Definition
| Obscenity defined as appealing to prurient interests of an average person with materials that lack literary, artistic, political, scientific value. |
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Term
| New York Times v. Sullivan 1964 |
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Definition
| To libel a public figure, there must be "actual malice". |
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Term
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Definition
| A law that bans sending "indecent" material to minors over the Internet is unconstitutional because "indecent" is too vague and broad a term. |
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Term
| Schenck v. United States 1919 |
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Definition
| Speech may be punished if it creats a clear-and-present-danger test of illegal acts. |
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Term
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Definition
| There may not be a law to ban flag-burning. |
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Term
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Definition
| First Amendment requirement that law cannot prevent free exercise of religion. |
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Term
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Definition
| First Amendment ban on laws "respecting an establishment of religion." |
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Term
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Definition
| Court ruling that gov't cannot be involved with religion. |
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Term
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Definition
There may not be prayer, even nondenomination one, in public schools. |
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Term
| Everson v. Board of Education 1947 |
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Definition
| The wall-of-seperation principal is announced. |
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Term
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Definition
| Public schools may not have clergy lead prayers at graduation ceremony. |
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Term
| Lemon v. Kurtzman, 403 U.S. 602 (1971) |
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Definition
| Three tests are described for deciding whether the gov't is improperly involved with religion. |
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Term
| Santa Fe Independent School District v. Doe 2000 |
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Definition
| Students may not lead prayers before the start of a football game at a public school. |
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Term
| Zelman v. Simmons-Harris, 536 U.S. 639 (2000) |
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Definition
Voucher plan to pay school bills is upheld. |
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Term
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Definition
States may allow students to be released from public schools to attend religious instruction. |
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Term
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Definition
| Improperly gathered evidence may not be introduced in a criminal trial. |
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Term
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Definition
| A judge's order authorizing a search. |
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Term
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Definition
| Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion. |
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Term
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Definition
| An error in gathering evidence sufficiently minor that it may be used in a trial. |
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Term
| Dickerson v. United States 2000 |
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Definition
| The Mapp decision is based on the Constitution and it cannot be altered by Congress passing a law. |
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Term
| Gideon v. Wainwright 1964 |
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Definition
| Persons charged with a crime have a right to an attorney even if they cannot afford one. |
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Term
| Miranda v. Arizona, 382 U.S. 436 (1966) |
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Definition
| Court describes ruling that police must give to arrested persons. |
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Term
| Rasul v. Bush, 03-334 (2004) |
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Definition
| Terrorist detainees must have access to a neutral court to decide if they are legally held. |
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Term
| United States v. Leon 1984 |
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Definition
| Illegally obtained evidence may be used in a trial if it was gathered in good faith w/o vioalting the principles of the Mapp decision. |
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