Civil liberties - constitutionally established guarantees that protect citizens opinions and property against arbitrary government interference
Bill of Rights - limiting government power
Amendment I - limits on Congress
Amendments II, III, IV - limits on the Executive
Amendments V VI VII VIII - limits on the judiciary
Amendments IX X - limits on the Federal Government
Article I - guarantee of habeas corpus, no bills of attainder, no ex post facto laws
Article III - trial by jury
Original Constitution protections
Incorporation of the Bill of Rights to apply to states
Fourteenth Amendment 1868 - total incorporation rejected
Selective incorporation - rights applied over time by the Supreme Court
Gitlow v. New York 1925 - free speech
Near v. Minnesota 1931 - freedom of the press
Palko v. Connecticut 1937 - formula for defining fundamental rights
Gideon v. Wainwright 1963 - right to counsel in criminal cases
McDonald v. City of Chicago 2010 - right to bear arms
clear and present danger test
Alien and Sedition Act 1798
clear and probable danger test
imminent lawless action test and incitement test
unprotected speech - commercial, libel, slander, obscenity, "fighting words"
Miller v. California 1973 - attempt to define obscenity
court allows time. place and manner restrictions
New York Times v. US 1971 (Pentagon Papers)
Establishment Clause - separationism, neutrality or the prederential treatment standard, accommodationism
Lemon v. Kurtzman 1971 - the Lemon test
Engel v. Vitale 1962 - bans teacher-led prayer in school
Employment Division v. Smith 1990
Burwell v. Hobby Lobby 2014
Griswold v. Connecticut 1965
Criminal Due Process - Fourth Fifth Sixth and Eight Amendments
IV - unreasonable search and seizure
V & VI - right to fair trial, right to counsel
VIII- Protection against cruel and unusual punishment
Furman v. Georgia 1972/Gregg v. Georgia 1976
