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32 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Schenck v. United States |
Illegal for citizens to interfere w military operations. CLEAR AND PRESENT DANGER TEST |
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Gitlow v. New York |
States can limit speech |
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Tinker v. Des Moines |
School can only limit symbolic speech if it is a real interference w school functions |
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Texas v. Johnson |
Flag burning is ok bc it is symbolic speech |
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US v. O'Brien |
Destroying of government property is not protected by the first amendment and is not symbolic speech |
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Near v. Minnesota |
Press can publish libel statements |
NO PRIOR RESTRAINTS LIBEL |
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Hazelwood v. Kuhlmeier |
School can limit freedom of press due to the fact that it is not a "public place" |
School rules different from world |
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NYT v. Sullivan |
Press can publish libel statements that have no actual malice |
Actual malice |
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NYT v. US |
Freedom of press can not be violated by vagueness of security |
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Everson v. Board of EDU |
States can fund private school in unreligious aspects |
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Engel v. Vitale |
There can be no religion in schools |
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Wallace v. Jefferson |
No prayer in school |
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Lemon v. Kurtzman |
Providing aid for private schools violated the establishment clause |
LEMON TEST secular purpose? Enhances religion? Excessive entanglement w religion? IF ANY YES THEN STATES CANT |
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Reynolds v. Us |
Right to free exercise of religion does not exempt you from lawas |
POLYGAMY |
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Employment division v. Smith |
Gov't can punish those using illegal drugs for religious reasons |
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McDonald v. Chicago |
Right to bear arms second amendment incorporate to states |
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Wolf v. Colorado |
Exclusionary rule does not apply to states |
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Mapp v. Ohio |
Incorporated exclusionary rule. No illegally obtained evidence is admissible in state courts |
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New Jersey v. TLO |
School can search with reasonableness whenever |
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Veronica school district b. Acton |
Students can be searched under reasonable suspicion under any time |
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Miranda v. Arizona |
Suspects must be informed of their 5th and 6th amendment rights before interrogation. |
DUE PROCESS |
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Benton v. MD |
Double jeopardy incorporated to states. Violates 5th amendment rights. |
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Gideon v. Wainwright |
Right to counsel through the incorporation of due process |
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Furmam v. Georgia |
Capital punishment can only be given w limitations and specificity |
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Gregg v. Georgia |
Capital punishment is no unconstitutional |
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Roper v. Simmons |
Capital punishment can not be given to minors |
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Miller v. Alabama |
Kids can not have life in prison |
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Griswold v. Connecticut |
States can not interfere w family matters/ marital privacy |
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Roe v. Wade |
Abortion is a fundamental right encompassed in the right to privacy |
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Planned parenthood v. Casey |
States can not add limitations to abortion to a point where the limitations are burdensome |
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University of California v. Bakke |
Quotas can not be used when accepting students. Race can be a factor |
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Gratz v. Bollinger |
In this case affirmative actions are unconstitutional bc they used points. Equal protection clause states that race can not be a factor |
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