civil liberties
personal rights the government cannot interfere with
civil rights
privileges the government must provide for citizens
origin of the bill of rights
ratification of the constitution; anti-federalist approach to preserving independent rights and preventing an overpowered national government
due process clause
5th and 14th amendments; everyone has a right to judicial procedures
constitutional basis for selective incorporation
if a liberty is listed in the bill of rights, all levels of government must provide it
establishment clause
the government cannot declare/show bias towards any religion; it must be open to them all
free exercise clause
the government must allow citizens to practice any and all religions as long as it follows public morals
zone of privacy
rights given to citizens through the 1st, 3rd, 4th, 5th, and 9th amendments
five freedoms listed by the 1st amendment
speech, press, petition, religion, and assembly
interpreted meaning of the first amendment by the supreme court
intent matters, church & state should remain separate, belief is unlimited but practicing is not, and it goes unbothered til someone bothers it
engle v. vitale
regards prayer in schools; establishment clause; schools cannot hold prayer even if its voluntary or separated from a religion
wisconsin v. yoder
amish family that claimed a Wisconsin law demanding children go to public school until 16 yrs old went against their religious beliefs; free exercise clause; violates freedom of religion
tinker v. des moines
children wore armbands in protest of Vietnam war and the school refused to let them in; symbolic speech; it is not dangerous so the government cannot restrict it
nyt v. us
nixon admin. prevented media from releasing info on the vietnam war; prior restraint; violates freedom of press
schenck v. us
papers were released begging people to disobey the draft and they were charged with conspiracy; pure speech; speech is not protected if it is clearly dangerous
citizens united v. fec
an expose movie about campaign funding was released and was taken away because it violated free speech; free speech; corporate funding cannot be limited
gideon v. wainwright
a man was forced to represent and testify against himself in court; incorporation; people have the right to counsel
McDonald v. chicago
people challenged gun bans in a park; due process; states decided guns can only be held for the purpose of self defense