Chapter 4- Civil Liberties- 1st Amendment
free exercise clause
A 1st Amendment provision that prohibits government from interfering with the practice of religion.
commercial speech
Communication in the form of advertising, which can be restricted more than many other types of speech.
libel
The publication of false and malicious statements that damage someone's reputation.
Roth v United States
A 1957 Supreme Court decision ruling that "obscenity is not within the area of constitutionally protected speech or press."
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.
Red Lion Broadcasting Company v Federal Communications Commissions
A 1969 case in which the Supreme Court upheld restrictions on radio and television broadcasting similar to those it had overturned in Miami Herald Publishing Company v Tornillo. It reasoned that such regulations are justified because there are only a limited number of broadcasting frequencies available.
Miller v California
A 1973 Supreme Court decision holding the community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value.
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.
Zurcher v Stanford Daily
A 1978 Supreme Court decision holding that a search warrant could be applied to a newspaper without necessarily violating the 1st Amendment rights to freedom of the press.
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 1st Amendment.
prior restraint
Government actions preventing materials from being published. This is usually confirmed by the 1st 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 1st Amendment.
due process of clause
Part of the 14th Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the United States or state governments without due process.
establishment clause
Part of the 1st Amendment stating that "Congress shall make no law respecting an establishment of religion."
Barron v Baltimore
The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.
Schenck v United States
The 1919 Supreme Court decision upholding the conviction of a socialist who had urged resistance to the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evil.
Gitlow v New York
The 1925 Supreme Court decision holding the freedoms of press and speech are fundamental personal rights and liberties protected by the 14th Amendment from impairment by the states as well as by the federal government.
Near v Minnesota
The 1931 Supreme Court decision holding that the 1st Amendment protects newspapers from prior restraint.
NAACP v Alabama
The 1958 Supreme Court decision that the right to assemble meant Alabama could not require the state chapter to NAACP to revel its membership list.
Engel v Vitale
The 1962 Supreme Court decision holding that state officials violated the 1st Amendment when they wrote a prayer to be recited by New York's schoolchildren.
School District of Abington Township, Pa v Schempp
The 1963 Supreme Court decision holding that a Pennsylvania law requiring Bible reading in schools violated that establishment clause of the 1st Amendment.
Lemon v Kurtman
The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits 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.
Tinker v Des Moines
The Supreme Court rules that students do not completely give up their right to free speech in schools.
14th Amendment
The constitutional amendment adopted after the Civil War that declares "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law. "
1st Amendment
The constitutional amendment that establishes the four great liberties: freedom of press, of speech, of religion, and of assembly.
civil liberties
The constitutional and other legal protections against government actions. (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 defendant's rights.
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.