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33 Cards in this Set

  • Front
  • Back

schenk v united states

yelled "fire" and guilty


1st amend


created clear and present danger test. can only punish dangerous speech.

gitlow v ny

SELECTIVE INCORP- frredom of press/speech


1st amend

tinker v des moines

kids wore armbands to protest vietnam war


1st amend


SYMBOLIC SPEECH is allowed unless


disruptive to students


TINKER TEST

texas v johnson

johnson allowed to burn flag cuz of symbolic speech

us v obrien

obrien burned draft cards but guilty for doing so because it stops the gov from being able to do its ob with military

Near v n minnesota

SELECTIVE INCORPORATION-with narrow exceptions no prior restraint




precedent for NYT V US

mew york times v sullivan

freedom of press


press can publish anything however can be sued if libel and can prove harm

new york times v US

NYT published pentagon papers


NYt can do this because it did not harm the military in any way


people have power to publish


precedent- near v minnesota

employment division v smith

cannot go and act against the law and then blame religion



reynolds v us

reynolds marry more than one wife legally but this is illegal


reynolds guilty because criminal religious practices not allowed


prwcedent for SMITH

gonzales v UDV

gov can regulate illegal practices in a religion if there is an exception

emerson v board of education

can give money to religious schools if it is non directly helping them asgeneral service

engel v vitale

no school prayer allowed in schools


precedent for wallace v jaffree

wallace v jaffreee

Engel v vitale


no religious practice or pormotion at school

lemon v kurtzman

lemon test for estab clause


determine constitutionality precedent

Mapp v ohio

SELECTIVE INCORP- exclusionary rule


all ilegal evidence banned in state courts except for 3 exceptions

wolf v colorado

overturned selective incorp.


some evidence from illegal searches can be used but not all


NOT TRUE NOW

NJ v Tracy

school officials allowed to do searches without a warrant if reasonable suspicion of safety of students or education

Vernonia v Acton

drug test to students are allowed and does not violate the fourth amendment

MIranda v Arizona

ciminals must be read their rights before being interogized

BEnton v MAryland

SELECTIVE INCORPORATION- no double jeopardy



Kelo v New london

gov allowed to take property if expands public use for public purpose



BArron v Balitmore

was selective incorp on eminent domain but overturned


limit national gov NOT STATES

Griswold v conneticut

set right to privacy


girswold gave married couples birth control and allowed to do so

roe v wade

women have right to abortion

planned parenthood v cASEY

no undueburen on women tryingto get a abortion. can put some regulations on aborton

giedon v weinright

SELECTIVE INCORPORATION-right to a lawyer

FUrman v georgia

death penalty was uncon and taken away


OVERTURNED BY GREGG V GEORGIA

Gregg v Georgia

death penalty constitutional


overturned Furman v Georgia

Roper v SImmons

death penalty on minors unconstitutional

University of Ca v Bakke

allows affirmitive action in schools


precednt for michigan cases

michigan cases

affirmitive action allowred but policy needs to focus on individual and moainly on quotas

Big Ted parties

Democrats - Republicans