Term
| Miranda v. Arizona Amendments & Why it applies |
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Definition
5th Amendment––> don’t have to be a witness against oneself
6th Amendment––> right to counsel |
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Term
| Miranda v. Arizona Importance/Outcome |
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Definition
| Each person in question by police must be read their rights and given the Miranda warning before interrogation, and are not obligated to speak against themselves. Each person has the right to counsel, and if they cannot afford one one will be appointed to them by the court |
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Term
| Santa Fe v. Doe Amendments & Why it applies |
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Definition
| 1st Amendment––> Establishment Clause––> state/gov’t institutions may not establish a religion or practice a specific religion |
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Term
| Santa Fe v. Doe Importance/Outcome |
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Definition
| Public school students cannot publically deliver prayers/speeches including religious ideas |
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Term
| National Socialist Party v. Skokie Amendments & Why it applies |
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Definition
| 1st Amendment––> freedom to assemble peacefully |
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Term
| National Socialist Party v. Skokie Importance/Outcome |
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Definition
cannot prohibit the assembly of any party, even if offensive, if the demonstration is not physically harmful
injunction: stops a party from doing something, stay: pauses the decision of the injunction |
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Term
| Texas v. Johnson Amendments & Why it applies |
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Definition
| 1st Amendment––> does flag burning count as freedom of speech? |
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Term
| Texas v. Johnson Importance/Outcome |
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Definition
| expressive conduct, protected by the 1st Amendment |
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Term
| TLO v. New Jersey Amendments & Why it applies |
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Definition
| 4th Amendment––> no searches or seizures without a warrant and probable cause |
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Term
| TLO v. New Jersey Importance/Outcome |
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Definition
| The 4th Amendment applies to teachers and schools but with reasonable suspicion instead of probable cause (lower standard than probable cause because schools need to be able to maintain good learning environment by enforcing school rules) |
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Term
| Gideon v. Wainwright Amendments & Why it applies |
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Definition
4th Amendment––> no searches or seizures without a warrant and probable cause
6th Amendment––> right to counsel |
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Term
| Gideon v. Wainwright Importance/Outcome |
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Definition
When a man couldn’t afford an attorney, the state court denied his request to be appointed one by the court.
SC ruled that all courts must honor the right to counsel |
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Term
| DC v. Heller Amendments & Why it applies |
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Definition
| 2nd Amendment––> general right to bear arms, beyond Militia security |
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Term
| DC v. Heller Importance/Outcome |
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Definition
| When being used for traditionally lawful reasons, the 2nd Amendment applies to all people. |
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Term
| Tinker v. Des Moines Amendments & Why it applies |
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Definition
| 1st Amendment––> speech, press, assembly |
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Term
| Tinker v. Des Moines Importance/Outcome |
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Definition
| Unlawful to deny students learning because of an article of clothing that is worn in protest or for purpose of peaceful assembly without evidence of disruption. |
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Term
| Kelo v. New London Amendments & Why it applies |
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Definition
| 5th Amendment––> no seizure of private property for public use without just compensation |
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Term
| Kelo v. New London Importance/Outcome |
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Definition
| “Public use” can mean general welfare, not only entirely communal spaces |
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Term
| Terry v. Ohio Amendments & Why it applies |
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Definition
| 4th Amendment––> no searches or seizures without warrant and probable cause |
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Term
| Terry v. Ohio Importance/Outcome |
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Definition
Stop and frisk only requires reasonable suspicion, less than probable cause
It is the discretion of the police (but reasons must be valid in court to use evidence in case) to decide if they have reasonable suspicion |
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Term
| Hustler v. Falwell Amendments & Why it applies |
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Definition
| 1st Amendment––> Freedom of Speech |
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Term
| Hustler v. Falwell Importance/Outcome |
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Definition
Without evidence of “actual malice” no claim of emotional distress can be made
If a satire, no conviction if cannot be reasonably assumed that events are real |
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