The Sherbert decision prompted religious groups and individual believers to

The sherbert decision prompted religious groups and

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The Sherbert decision prompted religious groups and individual believers to challenge laws that conflict with their faith. Symbolic Speech (Tinker v. Des Moines). Symbolic Speech: Tinker v. Des Moines: Three public school students wore black armbands to school to protest the Vietnam War. Principals in their school district prohibited the wearing of them and the district suspended the students. The Supreme Court overturned the suspensions. Justice Abe Fortas declared for the majority that the principals had failed to show that the forbidden conduct would substantially interfere with appropriate school discipline: Undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression. Any departure from absolute regimentation may cause trouble. Any variation from the majority's opinion may inspire fear. Any word spoken, in class, in the lunchroom, or on the campus, that deviates from the views of another person may start an argument or cause a disturbance. But our Constitution says we must take this risk. Due Process Clause and the 5th and 14th Amendments. Due Process Clause: a clause in the Fourteenth Amendment that states, “nor state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the U.S.; nor shall any state any person of life, liberty, or property, without due process of law.” A sponge, absorbing or incorporating the procedural specifics of the Bill of Rights and spreading or applying them to the states. 24
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5th Amendment: the amendment in which the Supreme Court the states are subject to it’s prohibition against taking private property without providing just compensation. Court reached the decision by absorbing the prohibition into the due process clause of the Fourteenth Amendment, which applies explicitly to the states. 14th Amendment: 1) Freed slaves are citizens. “All persons born or naturalized in the United States, and subject to jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” 2) Prohibits the states from abridging the “privileges or immunities of citizens of the United States” or depriving “any person of life, liberty, or property, without due process of law.” 3) Guarantee equality under the law, declaring that no state shall: “Deny to any person within its jurisdiction the equal protection of the laws.” Miranda Warnings (Miranda v. Arizona). Miranda v. Arizona: Main Ideas: The police had forced Miranda to confess during in-custody questioning, not with physical force but with the coercion inherent in custodial interrogation without counsel. Legal Standards: The Fifth Amendment privilege against self-incrimination.
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  • Spring '17
  • Government, United States Congress, ​ immunity

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