Constitutional Law: Rights And Liberties Ii

Front 1

Schenck v. United States

Back 1

Schenck’s conviction for violating the Espionage Act is upheld because his words created a clear and present danger that is not protected by the First Amendment

Front 2

Gitlow v. New York

Back 2

Gitlow’s conviction is upheld because advocating the violent overthrow of government is not protected by the First Amendment
New York criminal anarchy statute is constitutional because some speech is so evil as to be beyond protection

Front 3

Dennis v. United States

Back 3

Dennis’s conviction for violating the Smith Act is upheld because the First Amendment does not protect speech that advocates the violent overthrow of government

Front 4

Brandenburg v. Ohio

Back 4

Brandenburg’s conviction is overturned and the Ohio statute declared unconstitutional because the First Amendment protects the mere advocacy of unpopular ideas

Front 5

United States v. O'Brien

Back 5

O’Brien’s conviction for burning draft card is upheld because incidental regulation of speech and expression by government does not violate the First Amendment

Front 6

Texas v. Johnson

Back 6

Johnson’s conviction is overturned, and the State flag desecration law is held unconstitutional, because expression is protected by the First Amendment

Front 7

Chaplinsky v. New Hampshire

Back 7

Chaplinsky’s conviction is upheld because use of ‘fighting words’ is not protected by the First Amendment

Front 8

Cohen v. California

Back 8

Cohen’s conviction is overturned because the First Amendment protects expression of controversial and profane ideas

Front 9

Hill v. Colorado

Back 9

Colorado’s law restricting protesters outside health care facilities does not violate the First Amendment

Front 10

R.A.V. v. St. Paul, Minnesota

Back 10

R.A.V.’s conviction is overturned because the hate crimes statute unconstitutionally violates freedom of expression

Front 11

Snyder v. Phelps

Back 11

Westboro Baptist Church’s protest and speech are protected by the First Amendment and thus, the Church cannot be held liable for damages caused by its speech.

Front 12

Boy Scouts v. Dale

Back 12

The First Amendment’s protection of freedom of assembly prohibits the government to enforce antidiscrimination laws in organizations that engage in expressive activity

Front 13

Near v. Minnesota

Back 13

State statute authorizing prior restraint of newspapers is unconstitutional because the freedom of the press is incorporated against states

Front 14

New York Times v. United States

Back 14

Injunction against the New York Times is lifted because the government cannot constitutionally exercise prior restraint against the press

Front 15

Hazelwood School District v. Kuhlmeier

Back 15

Refusal to publish article by principal is constitutional because free press protections do not extend to the content of materials included in the school curriculum

Front 16

Branzburg v. Hayes

Back 16

Branzburg’s citation for contempt is upheld because the First Amendment does not protect reporters from testifying about criminal activity before a grand jury

Front 17

District of Columbia v. Heller

Back 17

The District’s ban on handgun possession in the home violates the Second Amendment.

Front 18

Griswold v. Connecticut

Back 18

State statute banning use of contraceptives is unconstitutional because it violates the right to privacy

Front 19

Roe v. Wade

Back 19

The Texas statute banning all abortions is declared unconstitutional because the right to privacy protects a woman’s right to have an abortion

Front 20

Planned Parenthood of Pennsylvania v. Casey

Back 20

Pennsylvania statute regulating abortions is constitutional as it pertains to the 24-hour waiting period and parental notification (provided a judicial bypass exists)
Requirement for spousal notification is unconstitutional
Essential holding in Roe is upheld

Front 21

Stanley v. Georgia

Back 21

Stanley’s conviction for possession of obscene materials is overturned because the right to privacy protects individual behavior within the home

Front 22

Cruzan v. Missouri Dept. of Health

Back 22

State order prohibiting removal of feeding tubes is valid because parents did not present enough evidence to demonstrate they were proper surrogates

Front 23

Bowers v. Hardwick

Back 23

State statute criminalizing sodomy is constitutional because the right to privacy does not extend to homosexual behavior

Front 24

Lawrence v. Texas

Back 24

Lawrence’s conviction of engaging in homosexual sodomy is overturned because the right to privacy protects homosexuality

Front 25

Roth v. United States

Back 25

Roth’s conviction for sending obscene materials through the mail is upheld because obscenity is not protected by the First Amendment

Front 26

Miller v. California

Back 26

Miller’s conviction is vacated and the case remanded to state trial court for implementation of the Miller Test

Front 27

New York v. Ferber

Back 27

Ferber’s conviction is upheld because possession or distribution of child pornography is not protected by the First Amendment

Front 28

Reno v. ACLU

Back 28

The Communications Decency Act is declared unconstitutional because the statute is overly broad and violates the protection of free speech