The constitutional amendment adopted after the Civil War that states, "No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any state deprive any citizen of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction equal protection of the laws," see also due process clause.
Part of the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the United States or state governments without due process of law. See also Gitlow v. 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 Fourteenth Amendment.
Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion. A First Amendment provision that prohibits government from interfering with the practice of religion. The 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.
The Supreme Court decision that upheld a state providing families with vouchers that could be used to pay for tuition at religious schools. The Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.
A ruling holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the First Amendment. A government preventing material from being published. This is a common method of limiting the press in some nations, but is usually unconstitutional in the United States, according to the First Amendment and as confirmed in the Supreme Court case of Near v. The Supreme Court decision holding that the First Amendment protects newspapers from prior restraint.
A decision upholding the conviction of a social who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit the speech if the speech provokes a "clear and present danger" of substantive evils.
A Supreme Court decision holding that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press. A Supreme Court decision ruling that "obscenity" is not within the area of constitutionality protected speech or press.
A Supreme Court decision that avoided defining obscenity avoided defining obscenity by 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. Decided in , this case established the guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, the individuals must prove that for the defamatory statements were made with "actual malice" and reckless disregard for the truth.
A 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 First Amendment. Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic free speech protection under the First Amendment.
Communication in the form of advertising. It can be restricted more than any other types of types of speech but has been receiving increased protection from the Supreme Court. A 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 powers of government to restrict the media. A case in which the Supreme Court upheld restrictions on radio and television broadcasting.
These restrictions on the broadcast media are much tighter than those of print media are only a limited number of broadcasting frequencies available. The Supreme Court protected the right to assemble peaceably in this case when it decided the NAACP did not have to reveal its membership list and that subject its members to harassment. The situation occurring when the police have reason to believe that a person should be arrested.
In making the arrest, people are allowed legally to search for and seize incriminating evidence. Obtaining evidence in a haphazard or random manner, a practice prohibited by the Fourth Amendment. The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits use of evidence obtained likewise though.
The Supreme Court decision ruling that the Fourth Amendment's protection against unreasonable search and seizures must be extended to the states as well as to the federal government. A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.
The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. We hope your visit has been a productive one. If you're having any problems, or would like to give some feedback, we'd love to hear from you. For general help, questions, and suggestions, try our dedicated support forums. If you need to contact the Course-Notes. Org web experience team, please use our contact form. While we strive to provide the most comprehensive notes for as many high school textbooks as possible, there are certainly going to be some that we miss.
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Primary tabs View active tab Flashcards Learn Scatter. Select card Please select Flashcard Learn Scatter. A form of governmental structure in which the national government is weak and most or all powe is in the hands of its components e. The power to directly regulate such things as drinking ages, marriage and divorce, and sexual behaviour has been granted. Laws that directly regulate abortion, drinking ages, marriage and divorce, and sexual behaviour are policy prerogatives that belong to.
In the Constitution, the powers to coin money, to enter into treaties, and to regulate commerce with foreign nations and among the states were given to.
Government terms for the Government test in Social Studies. Learn with flashcards, games, and more — for free.
Selected terms from "Government by the People" (21st edition). Learn with flashcards, games, and more — for free.
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