bill of rights Flashcards
(23 cards)
tinker v. des moines
- students don’t lose their free speech rights while at school
- schools can limit student speech if they feel the speech will interfere the school day or someone else’s rights.
bethel v. fraser
- students do not have the same free speech rights as adults while at school.
- schools can limit student speech that is lewd, indecent, and offensive.
- schools can limit student speech that does not promote the schools.
morse v. frederick
-school may limit student speech that contains pro-drug messages while on school grounds or during school events.
2nd amendment
-the constitutional protection to own a firearm
United States v. Miller
-the unrestricted right to own a firearm is limited to individuals that are associated with state militias.
D.C. v. Heller
- the federal government can’t ban the ownership or use of a firearm for personal protection
- individuals do not have to be a part of a state militia to be protected under the second amendment.
McDonald v. Chicago
- the second amendment interpretation handed out by the DC v Heller case is applied to the states.
- states can’t ban your use or ownership of a firearm for personal protection.
1st amendment
-freedom of speech, press, religion, assembly, and petition. also known as your “freedoms of expression”.
3rd amendment
-prevents the government from forcing people to care for and house troops in their homes
4th amendment
-protects against illegal searches and seizures without a warrant
weeks v. united states
- this case created the exclusionary rule
- illegally obtained evidence can’t be used in a court of law
- applies only in federal court case
mapp v ohio
-this case extends the protection of all exclusionary rule by applying to all state courts
Miranda v Arizona
- created the ‘miranda’ rights
- right to remain silent and have a lawyer present all while being questioned by authorities
kelo v new London
-government can take private property for a private developer for economic growth
6th amendment
-trial rights; right to.. a speedy trial and public trial; impartial jury; informed of your crime; confront your accuser; have witnesses for your defense; to have a lawyer
Gideon v wainwright
-right to a lawyer for both federal and state crimes
7th amendment
-right to a jury trial in a civil case (law suit) more than $5,000
5th amendment
- protects the rights of the accused
- protections from double jeopardy and self-incrimination
- right to a grand jury, due process and eminent domain
Gregg v Georgia
-the use of the death penalty is constitutional
roper v simmons
-individuals under 18 cannot be executed for crimes
9th amendment
-any rights that are not listed in the constitution are implied to exist upon judicial review
10th amendment
-any powers not listed in the constitution are reserved for the states
8th amendment
-protections against unreasonable bail and cruel and unusual punishment
