Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key


Play button


Play button




Click to flip

72 Cards in this Set

  • Front
  • Back
Gitlow v NY
1925 incorporated the right of speech through the 14th amendment
gitlow was a socialist that spread word about changing the government
Near v Minnesota
1931 incorporated the right to the freedom of the press through 14th amendment
near had a slanderous newspaper that was racist and anti-Semite
Prior Restraint
government cannot punish speech before it is said according to near v minnesota
14th amendment
that states can not take away one's life liberty or property without due process of law.
1st amendment
freedom of speech, assembly, press and religion
2nd amendment
right to bear arms
3rd amendment
quartering soliders
4th amendment
no unreasonable search and seizures w/o and warrant based on probable cause
5th amendment
grand jury double jeopardy, self-incrimination due process and eminent domain
6th amendment
criminal court procedures
speedy and public trail
have assistance of counsil
witnesses need to be present for cx
7th amendment
trial by jury in common-law cases
sues over 20 dollars have the right to a jury
8th amendment
no excessive bail or cruel and unusual punishment
9th amendment
rights retained by the people
10th amendment
rights to the states
Everson v. Board of Education
1947 NJ law sayin school board pays for private school transport
this violated establishment clauses b/c reemburshed kids that went 2 religious schools
applied through 14th amendment establishment clause to states.
NAACP v Alabama
1958 in a long involved suit alabama require NAACP to hand over lists of members
S.C. stated a right to freedom of association through assembly and it applied to states through 14th amendment
Gideon v. Wainwright
1963 Gideon was charged of felony and asked for counsil b/c did not have money
court wouldn't give it 2 him b/c not capital
s.c said that gideon had right to counsil under 6th amendment and it was applied 2 states through 14th amend
Engle v. Vitale
States cannot establish school prayer violates the establishment clause
N.Y Times v US
top secret war documents leaked out about the Vietnam war and the NY times published it. White house sued but couldn't prove that it would hurt the war effort.
*Exceptions to freedom of speech can happen in times of national security in threat as long as they can prove the danger
Hazlewood case
schools can regulate freedom of speech if it will be disruptive to education or insensitive to an immature audience
Libel and Slander
defamation of one's character
like public officials etc.
shield laws
laws passed by states that guarentee presses confidentiality of its sources, but this does not apply to federal courts
Schneck v US
Schneck passed leaflets protesting the draft and was charged by hurting war effort. the court agreed b/c according to Holmes free speech can be abridged if it presents a clear danger to government and ppl.
Zelman V. Simmons-Harris
allowed vouchers to go to private schools
religious school
provide tax payer $ to go to a private school
establishment clause
states and national government cannot establish universal religion or support a specific religion
example establishment problems
vouchers, creationism, school prayer, 10 commandment displays
free exercise
anyone can practice whatever religion they want w/o interference of the government
free exercise problems/cases
polygamy, saluting flag, medical issues, drug use, animal sacrifices, military exemption
Incorporation doctrine has not been applied to...
2nd, 3rd, 7th amendments and the excessive bail in the 8th amendment
Roth v US
obscenity is not protected by 1st amendment
Miller v California
defined obscenity:
1. if the work in whole takes a prurient interest in sex
2. patently offensive sexual content
3. lacks and serious artistic, literary, political or intellectual content
Child pornography standards
there is no exception for child porno
Government regulation of movies
board that previews movie and rates them but otherwise the government doesn't do anything...
government regulation of TV and radio
broadcast is heavily regulated because it is produced over public airwaves
cable and satellite is not because it is a private agreement
symbolic speech
expressive conduct that does not have to be written or said
Tinker v Des Moines
two students came to school wearing black armbands to protest war and were required to take them off.
S.C. stated that as long as it doesn't interrupt the school environment then its okay
Terry search
situation where a warrant is not needed by a process of suspicion due to feeling harmed
Situations where a warrant is not needed
curbside trash, plain view, arrest (search for weapons), hot pursuit, aerial survellience, movable crime scene
search warrant requirements
need to have a probable cause and need to state the place that is going to be searched, who it belongs to and other specifics
Mapp V. Ohio
Police searched a house of Mapp for underground gambling but found illegal pornographic material. Charged her for the material. S.C. must be thrown out b/c it was a product of an unreasonable search and seizure.
Applied to states through 14th amendment
exclusionary rule
a legal principle holding that evidence collected or analyzed in violation of the U.S. Constitution is inadmissible for a criminal prosecution in a court of law
Miranda v Arizona
Ernesto Miranda arrested and charged w/ rape. Miranda was not told his rights and eventually confessed some self-incriminating things.
S.C. ruled that police must state a criminal's rights or else the evidence will be thrown out of the case.
coerced confession decision
that coerced confessions cannot be held as evidence in a court session b/c innocent will say anything
causing someone to do a crime that they wouldn't do in a set-up of somesort
Court decision for speedy trial
cannot hold you for a long period of time before a trail. generally 3 months
court decision for public trial
right to public trial, but judge can make some restrictions from being too public?
6th on witnesses
witnesses must be there for cx
jury size
constitution does not say anything about size of jury but typically 12 is the number
allowable ways to do death penalty
lethal injection
gas chamber
electric chair
firing squad
Gregg v Georgia
Was the case that S.C. said provided okay standards for death penalty. They stated:
1. only for 1st degree murder
2. have to have 2nd trial w/ same jury to decide life or death
3. mandatory appeal to the states to asses the trial to see if it was fair
Griswold v Connecticut
applied right of privacy to states through 14th amendment.
connecticut pass law banning contraceptives and eventually a doctor was arrested for giving them out. The S.C. ruled that the right of privacy is shadowed in the Constution and that the right to privacy included family planning.
comparable worth
valuing one woman's job the same as a man's job that requires the same amount of training
barron v. balitmore
ruled that the B.O.R. did not apply to the states but it was late overruled
Miami Herald Publishing Company v. Tornillo
the S.C. held that a state could not force a newspaper to print replies from candidates it had criticized, showing the limited poewr of government to restrict print media
Red Lion Broadcasting Company v. FCC
S.C. upheld restrictions on radio and television broadcasting such as giving adequate coverage to public issues and opposing views. they were upheld for broadcast media because there is a limited number of broadcasting channels
Roe v. Wade
recognized the right to privacy
NY Times v. Sullivan
established guidleins for determining whether public officials can win damage suits for libel. Individuals must prove that defamatory statements were made w/ "actual malice" and reckless idsregard for the truth
Lemon v. Kurtzman
S.C. established that aid to churhc related schools must 1. have secular legislative purose 2. have a primary effect that neither advances nor inhibits religion and 3. not foster excessive gov entanglement w/ religion
Texas v. Johnson
upheld flag burning as symbolic speech
Zurcher v. Stanford
S.C. held that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the 1st amednment rights to freedom of press`
McCleskey v. Kemp
S.C. upheld the constitutionality of the death penaly in spite of charges against it that it was racially motivated
Planned Parenthood v. Casey
S.C. loosened its standard for evaluation restrictions on abortion from on e of "strict scrutiny" to any restraints on a "fundamental right" to one of "undue burden" that permits more regulation
Reed v. Reed
S.C. ruled against arbitrary gender discrimination
Dred Scott v. Sandford
1857 ruling that a slave who escaped to a free sate has no right as a citizen and congress has no authority to ban slavery in territories
Swann v. Charlotte-Mecklenberg Board of Education
upheld busing in order to overcome racial segregation, but did not require busing
nineteenth amendment
gave women the right to vote
24th amendment
banned poll taxes
Plessy v. Ferguson
allowed for segregation
"separate but equal"
Colins v. Smith
allowed for the freedom on assembly
Nazis in Illinois
Wolf v. Colorado
said that illegal search and seized information does not necessarily need to be held from a trial and that the fourteenth amendment doesn't limit that