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16 Cards in this Set
- Front
- Back
Engel v. Vitale
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(1962)
Issue: Establishment Clause Decision: Requiring the recitation of a non-sectarian, government-sponsored prayer in the public school violates the principle of the separation of church and state; ban on prayer in public schools |
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Gideon v. Wainwright
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(1963)
Issue: Sixth Amendment Decision: The right to counsel is fundamental to a fair trial; the state must provide an attorney to poor defendants charged with a felony; the Sixth Amendment applies to the states through the Fourteeth Amendment. |
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Gitlow v. New York
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(1925)
Issue: Freedom of Speech Decision: The First Amendment freedom of speech protection is incorporated/ applied to the states through the Fourteenth Amendment; incorporation doctrine. gitlow had advocated for the overthrow of the government |
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Lemon v. Kurtzmann
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(1971)
Issue: Establishment Clause Decision: When a law or state action invovles religion, it must have a secular purpose; it cannot advance or inhibit religion, or excessively entangle the government with relgion; Lemon Test. |
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Miller v. California
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(1973)
Issue: Freedom of Speech and Press Decision: Outlines a test to define obscene materials that are not protected under the First Amendment. community standards were includes as were LAPS-- a work is obscene if it has no literary, artistic, political, or scientific" value. |
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Miranda v. Arizona
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(1966)
Issue: Fifth Amendment Decision: Prior to questioning by police, a person in custody must be informed of the following: his or her constitutional rights to remain silent, that anything said can be used against him/her, that he/she has a right to have an attorney present during questioning, and to have an attorney appointed if he/she cannot afford; Mirand Warning. |
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Near v. Minnesota
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(1931)
Issue: Freedom of the Press Decision: States cannot ban offensive publications; First Amendment freedom-of-the-press protections apply to the states. (published about Jewish gangs in his newspapers) |
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New York Times v. United States
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(1971)
Issue: Freedom of the Press Decision: The Supreme Court refused to prevent the publication of The Pentagon Papers, a classified documentary history of U.S. invovlement in Vietnam, on national security ground; prior restraint |
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Plessy v. Ferguson
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(1896)
Issue: Fourteenth Amendment Decision: Segregation by race was constitutional provided the facilities are equal; Separate but Equal doctrine. |
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Schenck v. United States
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(1919)
Issue: Freedom of Speech Decision: Freedom of speech is not absolute; the decision established the clear-and-present-danger test as a constitutional restriction of free speech; you can't yell "fire" in a crowded theatre. |
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Texas v. Johnson
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(1989)
Issue: Freedom of Speech Decision: The burning of the American flag is symbolic speech and is protected under the First Amendment. |
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Tinker v. Des Moines Independent Community School District
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(1969)
Issue: Freedom of Speech Decision: The wearing of arm bands by students to protest the war in Vietnam is protected speech and cannot be prohibited by school officials; students do not give up their constitutional rights at the schoolhouse door. |
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Abrams v. United States
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(1919)
Issue: Clear and Present Danger/Freedom of Speech Decision: Defendants' criticism of U.S. involvement in World War I was not protected by the First Amendment, because they advocated a strike in munitions production and the violent overthrow of the government. |
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Reynolds v. United States
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(1878)
Issue: Freedom of Religion Decision: Religious duty was not a suitable defense to a criminal indictment. That means Reynolds although his religion (Mormon) does allow to have multiple wives, he can't. |
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Katz v. United States
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(1967)
Issue: 4th Amendment/Search and Seizure Decision: The Court extended the Fourth Amendment protection from unreasonable search and seizure to protect individuals with a “reasonable expectation of privacy” |
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Terry v. Ohio
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(1968)
Issue: Search and Seizure Decision: Police may stop a person if they have a reasonable suspicion that the person has committed or is about to commit a crime, and may frisk the suspect for weapons if they have reasonable suspicion that the suspect is armed and dangerous, without violating the Fourth Amendment prohibition on unreasonable searches and seizures. |