constitutional law

American Civil Liberties Union

The American Civil Liberties Union (ACLU) is an organization founded in 1920, with the mission of defending and preserving the individual rights and liberties guaranteed to all people in the U.S. Constitution. The ACLU currently has more than...

Baker v. Carr (1962)

Baker v. Carr (1962) is the U.S. Supreme Court case that held that federal courts could hear cases alleging that a state’s drawing of electoral boundaries, i.e. redistricting, violates the Equal Protection Clause of the Fourteenth Amendment...

Balancing test

Definition

A subjective test with which a court weighs competing interests, e.g. between an inmate's liberty interest and the government's interest in public safety, to decide which interest prevails.

Illustrative caselaw

See, e.g. Wilkinson v....

Bivens Actions

Overview

A Bivens action generally refers to a lawsuit for damages when a federal officer who is acting in the color of federal authority allegedly violates the U.S. Constitution by federal officers acting.

Burden of Proof

The plaintiff...

Board of Education v. Earls (2002)

The Supreme Court held that the Tecumseh, Oklahoma School District’s policy requiring all students participating in extracurricular activities to consent to random drug testing did not violate the Fourth Amendment and was constitutional. The...

Bowers v. Hardwick (1986)

Bowers v. Hardwick (1986) is a U.S. Supreme Court case in which the Court considered whether a person had a Constitutional right to engage in homosexual sex. In this case, Georgia passed a statute criminalizing both oral and anal sex....

Boy Scouts of America v. Dale (2000)

Boy Scouts of America et al. v. Dale (2000) is a Supreme Court of the United States case that revolves around the right to freedom of association under the First Amendment. In this case, respondent Dale was an Eagle Scout member of the petitioner...

Brandenburg test

Overview

The Brandenburg test was established in Brandenburg v. Ohio, 395 US 444 (1969), to determine when inflammatory speech intending to advocate illegal action can be restricted. In the case, a KKK leader gave a speech at a rally to his fellow...

Citizen

A citizen is a person who, by place of birth, nationality of one or both parents, or naturalization is granted full rights and responsibilities as a member of a nation or political community.

[Last updated in January of 2022 by the...

Civil Case

A civil case is a private, non-criminal lawsuit, usually involving private property rights, including respecting rights stated under the Constitution or under federal or state law. For example, lawsuits involving breach of contract, probate,...

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