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72 Cards in this Set
- Front
- Back
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Gitlow v NY
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1925 incorporated the right of speech through the 14th amendment
gitlow was a socialist that spread word about changing the government |
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Near v Minnesota
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1931 incorporated the right to the freedom of the press through 14th amendment
near had a slanderous newspaper that was racist and anti-Semite |
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Prior Restraint
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government cannot punish speech before it is said according to near v minnesota
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14th amendment
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that states can not take away one's life liberty or property without due process of law.
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1st amendment
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freedom of speech, assembly, press and religion
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2nd amendment
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right to bear arms
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3rd amendment
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quartering soliders
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4th amendment
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no unreasonable search and seizures w/o and warrant based on probable cause
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5th amendment
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grand jury double jeopardy, self-incrimination due process and eminent domain
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6th amendment
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criminal court procedures
speedy and public trail have assistance of counsil witnesses need to be present for cx |
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7th amendment
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trial by jury in common-law cases
sues over 20 dollars have the right to a jury |
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8th amendment
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no excessive bail or cruel and unusual punishment
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9th amendment
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rights retained by the people
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10th amendment
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rights to the states
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Everson v. Board of Education
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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. |
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NAACP v Alabama
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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 |
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Gideon v. Wainwright
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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 |
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Engle v. Vitale
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States cannot establish school prayer violates the establishment clause
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N.Y Times v US
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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 |
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Hazlewood case
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schools can regulate freedom of speech if it will be disruptive to education or insensitive to an immature audience
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Libel and Slander
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defamation of one's character
like public officials etc. |
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shield laws
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laws passed by states that guarentee presses confidentiality of its sources, but this does not apply to federal courts
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Schneck v US
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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.
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Zelman V. Simmons-Harris
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allowed vouchers to go to private schools
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parochial
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religious school
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vouchers
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provide tax payer $ to go to a private school
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establishment clause
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states and national government cannot establish universal religion or support a specific religion
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example establishment problems
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vouchers, creationism, school prayer, 10 commandment displays
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free exercise
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anyone can practice whatever religion they want w/o interference of the government
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free exercise problems/cases
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polygamy, saluting flag, medical issues, drug use, animal sacrifices, military exemption
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Incorporation doctrine has not been applied to...
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2nd, 3rd, 7th amendments and the excessive bail in the 8th amendment
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Roth v US
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obscenity is not protected by 1st amendment
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Miller v California
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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 |
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Child pornography standards
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there is no exception for child porno
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Government regulation of movies
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board that previews movie and rates them but otherwise the government doesn't do anything...
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government regulation of TV and radio
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broadcast is heavily regulated because it is produced over public airwaves
cable and satellite is not because it is a private agreement |
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symbolic speech
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expressive conduct that does not have to be written or said
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Tinker v Des Moines
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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 |
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Terry search
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situation where a warrant is not needed by a process of suspicion due to feeling harmed
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Situations where a warrant is not needed
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curbside trash, plain view, arrest (search for weapons), hot pursuit, aerial survellience, movable crime scene
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search warrant requirements
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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
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Mapp V. Ohio
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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 |
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exclusionary rule
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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
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Miranda v Arizona
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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. |
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coerced confession decision
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that coerced confessions cannot be held as evidence in a court session b/c innocent will say anything
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entrapment
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causing someone to do a crime that they wouldn't do in a set-up of somesort
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Court decision for speedy trial
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cannot hold you for a long period of time before a trail. generally 3 months
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court decision for public trial
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right to public trial, but judge can make some restrictions from being too public?
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6th on witnesses
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witnesses must be there for cx
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jury size
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constitution does not say anything about size of jury but typically 12 is the number
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allowable ways to do death penalty
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lethal injection
gas chamber electric chair firing squad hanging |
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Gregg v Georgia
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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 |
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Griswold v Connecticut
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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. |
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comparable worth
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valuing one woman's job the same as a man's job that requires the same amount of training
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barron v. balitmore
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ruled that the B.O.R. did not apply to the states but it was late overruled
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Miami Herald Publishing Company v. Tornillo
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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
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Red Lion Broadcasting Company v. FCC
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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
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Roe v. Wade
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recognized the right to privacy
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NY Times v. Sullivan
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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
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Lemon v. Kurtzman
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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
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Texas v. Johnson
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upheld flag burning as symbolic speech
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Zurcher v. Stanford
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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`
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McCleskey v. Kemp
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S.C. upheld the constitutionality of the death penaly in spite of charges against it that it was racially motivated
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Planned Parenthood v. Casey
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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
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Reed v. Reed
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S.C. ruled against arbitrary gender discrimination
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Dred Scott v. Sandford
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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
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Swann v. Charlotte-Mecklenberg Board of Education
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upheld busing in order to overcome racial segregation, but did not require busing
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nineteenth amendment
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gave women the right to vote
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24th amendment
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banned poll taxes
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Plessy v. Ferguson
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allowed for segregation
"separate but equal" |
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Colins v. Smith
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allowed for the freedom on assembly
Nazis in Illinois |
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Wolf v. Colorado
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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
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