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51 Cards in this Set

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