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Bill of Rights. :fountain_pen: (5th Amendment (If you are charged with a…

- - - - How much can the government do to keep guns from criminals and youth
        
        In order to keep guns away from criminals does that limit the right of law abiding citizens
        
        1876 – U.S. v. Cruikshank
        This was the first time a 2nd Amendment case reached the Supreme Court. In it, two African-Americans accused the people of violating their First and Second Amendment rights. The Court determined that these rights and their limitations only applied to the National Government, in so far as the Bill of Rights is concerned. The right to bear arms was considered a fundamental one, and it was up to the individual states to protect the rights of their citizens.
        
        1886 – Presser v. People of Illinois
        In this case, Herman Presser was originally accused of marching with a group of armed men, not having sought the authorization of the state of Illinois. The Court, once again, determined that the Bill of Rights only applies to the limitations of the National Government and could not infringe upon the law of the state.
- - - - Can not make up lies knowing, can not make up lies with intention of harm
        
        Rex v. Zenger (1735)
        The colony of New York tried publisher John Peter Zenger for seditious libel against the governor. At that time, truth was not a defense in a libel case. Zenger’s attorney told the jury of their power and duty to judge the law as well as the facts, and the jury acquitted Zenger. Though not a Supreme Court case, this is a landmark freedom of the press case
        
        People v. Croswell (1804)
        Harry Croswell was convicted of libel for printing a story critical of President Thomas Jefferson in his newspaper. Alexander Hamilton represented Croswell on appeal and argued that truth should be a defense for libel. Croswell’s conviction was upheld, but the case led New York to change its law to permit truth as a defense. Though not a Supreme Court case, this is a landmark freedom of the press case
  - - - can be in large groups to peacefully protest
        
        Edwards v. South Carolina (1963)
        The convictions of students arrested for peaceful demonstrations against segregation were overturned because the state could not “make criminal the peaceful expression of unpopular views.
        
        Lloyd Corporation v. Tanner (1972)
        Shopping mall owners may prohibit demonstrators from assembling in their private malls since the First Amendment applies to public, not private property.
  - - - McDaniel v. Paty (1978)
        The Court looked at whether a Tennessee law that barred members of the clergy from serving in public office violated the First and Fourteenth Amendments. The Court ruled unanimously that the statute violated the Free Exercise Clause of the First Amendment as applied to the states by the Fourteenth Amendment, because it made the ability to exercise civil rights conditional on the surrender of religious rights.
        
        Stone v. Graham (1980)
        The Court considered whether a Kentucky state law mandating the display of the Ten Commandments in public school classrooms violated the Establishment Clause of the First Amendment. Applying the three-prong test from Lemon v. Kurtzman (1971), the Court found 5-4 that the Kentucky law was unconstitutional, because it had no secular legislative purpose. The Court also found that by mandating posting of the Commandments under the guidance of the legislature, the state was providing official support of religion, which was a violation of the Establishment Clause
  - - - can be racist, offensive and you can burn the flag
        
        Chaplinsky v. New Hampshire (1942)
        The First Amendment did not protect “fighting words” which, by being said, cause injury or cause an immediate breach of the peace
        
        United States v. O’Brien (1968)
        The First Amendment did not protect burning draft cards in protest of the Vietnam War as a form of symbolic speech
- - - - Weeks v. United States, 1914 Police officers in Kansas City, Missouri went to the house of Mr. Fremont Weeks and used his hidden key to enter and search his home. While there, they took papers, letters, books, and other items. They did not have a search warrant. These items were used in court to find Mr. Weeks guilty of sending lottery tickets through the U.S. mail.
        
        New Jersey v. T.L.O., 1985 a female student was searched at school, and the evidence collected was used by the state in her delinquency trial in juvenile court. T.L.O. are the initials of the 14-year old girl who was caught smoking in the bathroom at school. Later, in the assistant vice principal’s office, she denied smoking. The assistant vice principal demanded her purse, and found a pack of cigarettes, rolling papers, marijuana, a pipe, plastic bags, a large amount of money, and a list of students who owed her money. The evidence was used by the New Jersey Juvenile Court to find her guilty of delinquency