Civil Liberties

Everson v. Board of Education (1947) (1st; religion/establishment)

Supreme Court ruled as constitutional. A New Jersey statute allocating taxpayer funds to bus children to religious schools, because it did not breach the "wall of separation" between church and state and held that the establishment clause of the First Amendment.

Morse v. Frederick (2007) (1st; speech/symbolic)

Supreme Court ruled that the First Amendment does not prevent educators from suppressing, at or across the street from a school-supervised event student speech, that is reasonably viewed as promoting illegal drug use.

McCreary v. ACLU (2005) (1st; religion/establishment) (10 Commandments)

The ACLU argued the displays violated the First Amendment's establishment clause, which prohibits the government from passing laws "respecting an establishment of religion." The U.S Supreme Court ruled that the displays violated the establishment clause and were unconstitutional.

Establishment Clause

A clause in the First Amendment that states that the government may not establish an official religion.

Selective Incorporation

A constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights.

Magna Carta

A document constituting a fundamental guarantee of rights and privileges. (1215) A charter of liberties (freedoms) that King John "Lackland" of England was forced to sign; it made the king obey the same laws as the citizens of his kingdom.

Prior Restraint

A government preventing material from being published or broadcast. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States.

The Lemon Test (religion)

A government's action must have a secular legislative purpose or must not have the primary effect of either advancing or inhabiting religion or must not result in an "excessive gov entanglement" with religion.

Smith Act

A law that made it unlawful to teach or advocate the violent overthrow of the United States government.

The Miller Test (Obscenity)

A legal test for determining whether expression constitutes obscenity.Determines whether "the average person would find that the work appeals to the prurient interest. Whether the work depicts or describes, in a patently offensive way, lacks serious literary, artistic, political, or scientific value.

Libel

A written defamation that could affect a person's character, reputation, business, or property rights. (false statement)

Comstock Act

An 1873 law that prohibited circulation of "obscene literature," defined as including most information on sex, reproduction, and birth control.

Free Exercise Clause

The First Amendment guarantee that citizens may freely engage in the religious activities of their choice without interference from the government.

Petition of Right

Document prepared by Parliament and signed by King Charles I of England in 1628; challenged the idea of the divine right of kings and declared that even the monarch was subject to the laws of the land.

English Bill of Rights

King William and Queen Mary accepted this document in 1689. This document gave England a government based on a system of laws and a freely elected parliament. (limited monarchy)

Lynch v. Donnelly (1984) (1st; religion/free exercise)(Christmas)

The Supreme Court upheld the constitutionality of a seasonal holiday display that included a manger scene, or creche, on government property, finding that it was not in violation of the establishment clause of the First Amendment.

Lemon v. Kurtzman (1971) (1st; religion/establishment)

The U.S Supreme Court found that the passing of any state laws that establish a religious body is a direct violation of the United States Constitution.

Van Orden v. Perry (2005) (1st; religion/establishment) (10 Commandments)

The U.S Supreme Court ruled that a monument depicting the Ten Commandments in an Austin, Texas, public park did not violate the establishment clause of the First Amendment. The Establishment Clause does not prohibit all forms of government action that may have religious content or a religious message.

Engle v. Vitale (1962) (1st; religion/prayer)

The U.S Supreme Court ruled that it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools.

Tinker v. Des Moines (1969) (1st; speech/symbolic)

The U.S Supreme Court ruled that the First Amendment applied to public schools, and school officials could not censor student speech unless it disrupted the educational process.

Cohen v. California (1971) (1st; speech/obscenity)

The U.S Supreme Court ultimately found that displaying obscene words were not justification to allow states to restrict free speech, and that free speech can only be restricted under severe circumstances beyond offensiveness. (set a precedent concerning the power of states to regulate free speech in order to maintain public civility).

Miller v. California (1973) (1st; speech/obscenity)

The U.S Supreme court redefined its definition of obscenity from that of "utterly without socially redeeming value" to that which lacks "serious literary, artistic, political, or scientific value"

Texas v. Johnson (1989) (1st; speech/symbolic)

The U.S. Supreme Court ruled on June 21, 1989, that the burning of the U.S. flag was a constitutionally protected form of speech under the U.S. Constitution's First Amendment.

Wisconsin v. Yoder (1972) (1st; religion/free exercise)

The U.S. Supreme Court ruled that Wisconsin's compulsory school attendance law was unconstitutional when applied to the Amish, because it violated their rights under the First Amendment, which guaranteed the free exercise of religion.

Abington v. Schempp (1963) (1st; religion/prayer)

The U.S. Supreme Court ruled that legally or officially mandated Bible Reading or prayer in public schools is unconstitutional.

Due Process

The fair treatment through the normal judicial system, especially as a citizen's entitlement. (law) The administration of justice according to established rules and principles.

Clear and Present Danger Test

The interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.

Eminent Domain

The right of a government or its agent to expropriate private property for public use, with payment of compensation.

Near v. MN (1931) (1st; press)

U.S Supreme Court decided that prior restraints on publication violate freedom of the press as protected under the First Amendment (a principle applied to free speech in subsequent jurisprudence).

U.S. v. Eichmann (1990) (1st; speech/symbolic)

U.S Supreme Court invalidated a federal law against flag desecration as violating of free speech under the First Amendment.

Roth v. US (1957) (1st; press/obscenity)

U.S Supreme Court redefined the Constitutional test for determining what constitutes obscene material unprotected by the First Amendment. The First Amendment does not protect obscene speech.

NY Times v. US (1971) (1st; press)

U.S Supreme Court ruled prior restraint unconstitutional. They defended the First Amendment right of free press against prior restraint by the government.

NY Times v. Sullivan (1964) (1st; press/libel)

U.S Supreme Court ruled that In order to prove libel, a "public official" must show that the newspaper acted with actual malice, that is with knowledge that it was false or with reckless disregard" for truth.

Chaplinsky v. New Hampshire (1942) (1st; speech/fighting words)

U.S Supreme Court ruled that a criminal conviction for causing a breach of the peace through the use of "fighting words" does not violate the Free Speech guarantee of the First Amendment.

U.S. v. O'Brien (1968) (1st; speech/symbolic)

U.S Supreme Court ruled that a criminal prohibition against burning a draft card did not violate the First Amendment's guarantee of free speech.

Brandenburg v. Ohio (1969) (1st; speech)

U.S Supreme Court ruled that speech can be prohibited if it is "directed at inciting or producing imminent lawless action", and it is "likely to incite or produce such action."

Barron v. Baltimore (1833) (5th; eminent domain)

U.S Supreme Court ruled that the Constitution's Bill of Rights restricts only the powers (eminent domain) of the federal government and not those of the state governments.

Yates v. U.S (1957) (1st; speech)

U.S Supreme Court ruled that the First Amendment protected radical and reactionary speech, unless it posed a "clear and present danger."

Gitlow v. NY (1925) (1st; press)

U.S Supreme Court ruled that the U.S. Constitution's First Amendment protection of free speech, (Congress shall make no law, abridging the freedom of speech), applied also to state governments.

Schenck v. US (1919) (1st; press)

U.S Supreme Court ruled that the freedom of speech protection afforded in the Constitution's First Amendment could be restricted if the words spoken or printed represented to society a "clear and present danger."

Kelo v. City of New London (2005) (5th; eminent domain)

U.S Supreme Court ruled that the public use provision of the U.S Constitution permits the use of eminent domain for economic development purposes that provide a public benefit.

Reynolds v. US (1879) (1st; Religion/free exercise)

U.S Supreme Court ruled unanimously that a law banning polygamy was constitutional, and did not infringe upon individuals' First Amendment right to free exercise of religion.

Bethel Schools v. Fraser (1986) (1st; speech/symbolic)

U.S. Supreme Court ruled that school officials did not violate a student's free speech and due process rights when disciplined for making a lewd and vulgar speech at a school assembly.

Dennis v. U.S (1951) (1st; speech)

U.S. Supreme Court upheld the constitutionality of the Smith Act, which made it a criminal offense to advocate the violent overthrow of the government or to organize or be a member of any group or society devoted to such advocacy.

Symbolic Speech

Using actions and symbols rather than words to convey an idea. (nonverbal communication)

Fighting Words

Words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence.