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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. |
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gitlow v ny |
SELECTIVE INCORP- frredom of press/speech 1st amend |
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tinker v des moines |
kids wore armbands to protest vietnam war 1st amend SYMBOLIC SPEECH is allowed unless disruptive to students TINKER TEST |
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texas v johnson |
johnson allowed to burn flag cuz of symbolic speech |
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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 |
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Near v n minnesota |
SELECTIVE INCORPORATION-with narrow exceptions no prior restraint precedent for NYT V US |
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mew york times v sullivan |
freedom of press press can publish anything however can be sued if libel and can prove harm |
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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 |
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employment division v smith |
cannot go and act against the law and then blame religion |
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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 |
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gonzales v UDV |
gov can regulate illegal practices in a religion if there is an exception |
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emerson v board of education |
can give money to religious schools if it is non directly helping them asgeneral service |
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engel v vitale |
no school prayer allowed in schools precedent for wallace v jaffree |
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wallace v jaffreee |
Engel v vitale no religious practice or pormotion at school |
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lemon v kurtzman |
lemon test for estab clause determine constitutionality precedent |
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Mapp v ohio |
SELECTIVE INCORP- exclusionary rule all ilegal evidence banned in state courts except for 3 exceptions |
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wolf v colorado |
overturned selective incorp. some evidence from illegal searches can be used but not all NOT TRUE NOW |
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NJ v Tracy |
school officials allowed to do searches without a warrant if reasonable suspicion of safety of students or education |
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Vernonia v Acton |
drug test to students are allowed and does not violate the fourth amendment |
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MIranda v Arizona |
ciminals must be read their rights before being interogized |
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BEnton v MAryland |
SELECTIVE INCORPORATION- no double jeopardy |
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Kelo v New london |
gov allowed to take property if expands public use for public purpose |
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BArron v Balitmore |
was selective incorp on eminent domain but overturned limit national gov NOT STATES |
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Griswold v conneticut |
set right to privacy girswold gave married couples birth control and allowed to do so |
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roe v wade |
women have right to abortion |
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planned parenthood v cASEY |
no undueburen on women tryingto get a abortion. can put some regulations on aborton |
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giedon v weinright |
SELECTIVE INCORPORATION-right to a lawyer |
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FUrman v georgia |
death penalty was uncon and taken away OVERTURNED BY GREGG V GEORGIA |
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Gregg v Georgia |
death penalty constitutional overturned Furman v Georgia |
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Roper v SImmons |
death penalty on minors unconstitutional |
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University of Ca v Bakke |
allows affirmitive action in schools precednt for michigan cases |
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michigan cases |
affirmitive action allowred but policy needs to focus on individual and moainly on quotas |
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Big Ted parties |
Democrats - Republicans |