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19 Cards in this Set

  • Front
  • Back
Plessy v. Ferguson (1896)

-separate but equal Jim Crow laws



Brown v. Board of Education of Topeka Kansas (1954) & "Brown II” (1955)


Unanimous Court Ruling (9-0) Was NOT Enough


Brown II:


Rare “Sequel” Court Ruling: Demanded Compliance “with all deliberate speed”

Citizens United v. Federal Election Commission (2010)
[5-4 and VERY controversial]: Freedom of Speech requires that corporations, wealthy individuals and unions have the right to spend as much money as they would like advocating political views (including telling the world who should be elected).
Schenck v. United States (1919)
“Clear and present danger test”

a) Unanimous decision ruled that Shenck could be convicted under the 1917 Espionage Act, which barred actions that would undermine America’s role in WWI.


b) War creates new rules: “When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court regard them as protected by any constitutional right.”

Gitlow v. New York (1925)
-freedom of speech (applied to the states)

-Freedom of speech is “among the fundamental personal rights and liberties protected by the due process clause of the 14th Amendment from impairment by the states.”

Mapp v. Ohio (1961)

-4th Amendment freedom from warrantless search and seizure incorporated

-exclusionary rule
Engel v. Vitale (1962)
prayer in public school
Miranda v. Arizona (1966)

Miranda rights


-Right to counsel, right to remain silent, right to understand these rights.

Brandenberg v Ohio (1969)
freedom of speech

-Government can NOT punish abstract advocacy of force or law violation. MUST be incitement to “imminent lawless action”

Roe v. Wade (1973)

-right to access of abortion

Added importance of 14th Amendment (incorporation of right to privacy to provide for equal protection of privacy)
Buckley v. Valeo (1976)
candidates can spend as much of their own money for their campaigns (direct speech); donations given to candidates can be limited (symbolic speech).
Texas v. Johnson (1989) and US v. Eichman (1990)
freedom of expression (flag burning)

14th amendment

-roe vs wade; equal protection clause for privacy


-due process clause


-national citizenship for AfAm


-privileges and immunities clause


-selective incorporation (state sponsored/private discrimination allowed but not dejure/gov discrimination by Supreme Court)


-pleasure vs ferguson





15th Amendment

-african american MEN given right to vote


-undermined through Poll Taxes, Literacy Tests, Grandfather Clauses and White Primaries

13th Amendment

(1855) outlaws slavery

6th amendment

-only civil right in 'bill of liberties' (first 10 amendments)


-right to speedy trial

Civil rights

Equality


-positive rights (need gov influence)

Civil liberties

Freedom


-negative rights (no gov intervention)

Dred Scott vs Sanford
-Supreme Court ruled that Americans of African descent, whether free or slave, were not American citizens and could not sue in federal court

-also ruled that Congress lacked power to ban slavery in the U.S. territories