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51 Cards in this Set
- Front
- Back
Barron v. Baltimore
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Supreme Court indicated the Bill of Rights only applied to the states.
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Miranda v. Arizona
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Police must inform criminal suspects of their rights before questioning them after arrest.
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Brown v. Board of Education of Topeka
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Made discrimination illegal in public accommodations.
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Griswold v. Connecticut
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This case established a right to privacy
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Oregon v. Smith (Employment Division v.Smith):
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Ingestion of peyote not protected by the First Amendment. Religions are not exempt from laws that apply to everyone
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Ring v. Arizona:
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Death penalty cannot be given by a judge, only by juries
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New York Times v. United States
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Emphasized citizens protection against prior restraint.
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Texas v. Johnson
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Flag burning is protected as symbolic speech. Caused President Bush to seek and amendment banning flag burning.
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Osborne V. Ohio
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states can make it illegal to posses child pornography
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Schenck v. United States
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establish "clear and present danger" test
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New York Times v. Sullivan
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stated that public officials could only sue for libel if they show actual malice on the part of the press
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Brandenburg v. Ohio
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established the direct incitement test that said speech would not recieve First Amendment protection if it had the slightest tendency to bring about an evil the government could not protect
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Miller v. California
(What was the test?) |
a. Does the work lack serious redeeming literary, aristic, political, or scientific merit?
b.Does the average person find that it violates contemporary community standards? c.Does the work taken as a whole appeal to a prurient interest in sex? d. Does the work show patently offensive sexual content? |
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Roe v. Wade
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A woman’s right to privacy includes her right to have an abortion. Recently the Court has upheld laws making abortions harder to obtain
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Engle v. Vitale
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Prayer in schools is unconsitutional
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Lemon v. Kurtzman
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a. Is their a secular purpose for the legislative action?
b. Is the primary effect of the government to advance or inhibit religion? c. Does the action involve an excessive government entanglement with religion? |
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Fourteenth Amendment
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Is interpreted by the Supreme Court to mean that the Bill of Rights applies to the states
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Miranda Warning
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an attempt to protect criminal suspects from unfair police discrimination.
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Where is assisted suicide legal?
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Oregon
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What is the Exclusionary Rule and when was it created?
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Illegally obtained evidence is not admissible in Court. Established in Mapp v. Ohio
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What was done to expand civil rights in the 1950's?
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Push for voting rights
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What is the right of free speech, as currently interpreted by the Supreme Court?
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Symbolic speech is protected as free speech. Obscene, lewd, or fighting words are not protected.
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Establishment clause
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Prohibits the setting up of a state church
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Gag order
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An order by a judge that all parties involved in a case may not discuss it outside of court. Conflict between freedom of speech and freedom of press.
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“clear and present danger” test
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free speech can be curbed if such speech would cause a condition that Congress has the power to prevent
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What amendments protect the rights of the accused?
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4,5,6,8
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28. Where is the death penalty allowed today (how many states)?
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38
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Incorporation Doctrine
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Used to make the Bill of Rights applicable to the states.
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Libel
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Printed word defaming the character of a person
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Slander
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Spoken word defaming the character of a person
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What is the Court’s position on the “right to die?”
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They have stated that it is unconstitutional (unless you leave a living will).
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Gitlow v. New York
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Modified the “clear and present danger test to change it to speech that has “dangerous tendencies.” First step in applying the Bill of Rights to the states.
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Dred Scott’s Case
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Slaves are property
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Plessy v. Ferguson
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Established the idea of separate but equal. Laid the groundwork for discrimination throughout the nation.
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Freeman v. Pitts
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ruled that school districts should assume more local control
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Missouri v. Jenkins
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ruled that school districts should assume more local control
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De facto segregation
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Segregation that comes about through natural means (ex: housing patterns)
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De jure segregation
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Segregation by law
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What is the trend today in the integration of public schools?
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School are becoming more single race.
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What event started to Civil Rights Movement in the U.S.?
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The Montgomery Bus boycott.
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Who led the “Black Power” Movement?
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Malcolm X
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19th Amendment
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Gave women the right to vote
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Who is projected to be the first woman Speaker of the House?
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Nancy Pelosi
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Glass Ceiling
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Discrimination against women in the corporate world
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Civil Rights Act of 1964
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Outlawed discrimination based on race, color, religion, sex, or national origin.
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Ring v. Arizona
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Death penalty cannot be given by a judge, only by juries
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New York Times v. United States:
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Emphasized citizens protection against prior restraint.
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Texas v. Johnson:
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Flag burning is protected as symbolic speech. Caused President Bush to seek and amendment banning flag burning.
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Osborne v. Ohio:
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States can make it illegal to posses child pornography
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Schenck v. United States: established “clear and present danger test
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established “clear and present danger test
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Equal Rights Amendment
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Would have given women equal rights. A countermovement to feminism emerged during the debate for ratification. It was never ratified.
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