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35 Cards in this Set
- Front
- Back
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1919: Schenck V. U.S.
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1st Amendment does not allow anti-war protest during formal war. (yelling 'fire' in movie theatre) Justice Oliver Wendell Holmes, Jr. Creates "Clear and President Danger" Doctrine - evident today.
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1919: Abrams v. U.S.
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1st Amendment allows government to send troops into a nation's civil war without formal declaration of war.
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1925: Gitlow v. New York
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14th Amendment "incorporates" 1st Amendment's free speech clause and applies to states
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1931: Near v. Minnesota
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1st Amendment denies prior restraint of media unless troops put in harm's way; Near dictum is law.
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1932: Powell v. Alabama
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6th Amendment requires defendants have a right to good legal counsel; Scottsboro Boys case; first time federal Constitutional criminal standards are required in state criminal trials.
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1937: DeJonge v. Oregon
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1st Amendment allows one to attend a peaceful Communist Party rally.
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1938: Lovell v. Griffin
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1st Amendment allows religiojus groups to distribute literature without city permit
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1941: Edwards v. Calif.
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Article I, Section 8, Clause 3 allows poor people to travel across state lines to live and work; case overturned California's "anti-Okie" state law during the Great Depression
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1942: Chaplinsky v. N.H.
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1st Amendment does not protect profane public speech; Fighting Words Doctrine established.
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1943: W.VA. v. Barnette
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1st Amendment allows school children a right not to salute nation's flag (seen as graven image); the religious beliefs of Jehovah's Witness children are protected in America's public schools.
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1946: Hannegan v. Esquire
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1st Amendment denies government the ability to deny mailing of items deemed "offensive".
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1947: Everson v Board of Education
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1st Amendment Establishment clause has "wall of separation" with regard to Church and State.
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1951: Dennis v U.S.
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1st Amendment does not protect speech about communism; talk can cause convictions
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1951: Kunz v. New York
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1st Amendment allows person's public speech without a permit, unless it is "Unprotected speech"
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1952: Rochin v. California
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14th Amendment Due Process Clause outlaws "conduct that shocks conscience"
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1957: Watkins v. U.S.
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1st Amendment denies government/HUAC power to force testimony re Communist Part.
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1958: Trop v. Dulles
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8th Amendment denies government power to strip one's u.s. citizenship for being WWII deserter
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1961: Mapp v Ohio
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4th Amendment Exclusionary Rule(barring illegally seized evidence) applies to state/local police.
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1962: Engel v. Vitale
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1st Amendment declares "it is no part of the business of government to compose official prayers."
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1963: Abingdon v. schempp
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1st Amendment prohibits state in-school Bible-reading law; upholds ruling in Engel
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1963: Gideon v. Wainwright
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6th Amendment requires states to provide poor people charged with a felony free legal aid.
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1964: Escobedo v. Illinois
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6th Amendment right to counsel requires a questioned by police suspect to have a lawyer.
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1964: Jacobellis v. Ohio
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1st Amendment Allows theatres to show porn films; Justice Stewart "know [porn] when I see it."
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1964: NY Times v. Sullivan
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1st Amendment allows media criticism of "public" persons (who put themselves into public debate).
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1964: Baggett v. Bullitt
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1st amendment prohibits state loyalty oaths of states employees because of vagueness.
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1965: U.S. v. Seeger
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1st Amendment gives CO status to anti-war religious protesters with no belief in supreme being.
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1965: Griswold v. Connecticut
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1st/4th/5th/9th Amendments give persons implied "marital privacy" via 14th Amendment.
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1966: Miranda v. Arizona
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5th Amendment right against self-incrimination +6th amendment right to counsel apply to police suspects; "Miranda warnings" require police must inform suspects of rights before questioning them.
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1966: Bond v. Floyd
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1st Amendment prevents government from denying legislators with unpopular beliefs their elected seats.
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1966: Sheppard v. Maxwell
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6th Amendment guarantee of fair trial is superior to 1st Amendment guarantee of freedom of the press.
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1967: Loving v. Virginia
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14th Amendment equal Prot. Clause allows "freedom to marry"; ends 17 state racial restrictions.
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1968: Epperson v. Arkansas
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1st Amendment allows teaching "mankind ascended/descended from lower order of animals."
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1968: O'brien v. U.S.
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1st Amendment does not allow anti-war protest by burning of federal-issued draft cards.
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1968: Washington v. Lee
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14th Amendment requires state prisons and jails to be racially-integrated.
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1969: Brandenburg v. Ohio
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1st Amendment allows unpopular political advocacy; 1940 Smith Act and all state sedition laws.
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