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104 Cards in this Set

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Morse v Fredrick

Fredrick believed his free speech was violated when his principal suspended him for holding a sign that said "Bong Hits 4 Jesus" at a school event. The supreme court said that because illicit drug use was promoted, the school could regulate that speech.

Tinker v. Des Moines

A few students were suspended for wearing black arm bands in school to protest the Vietnam war. The supreme court ruled their free speech was violated- dress is an extent of free speech and students did not shed free speech rights upon walking into a school

Writ of habeas corpus

Court order for an agency that is holding a person in custody to produce the reason for which they are detaining the petitioner

ex post facto

When a new law punishes one for something they did lawfully in the past

1st amendment

Freedom of Speech, The Press, Assembly, Religion, and Petition

4th amendment

Protection from unreasonable search and seizure (needs probable cause)

5th amendment

Rights before trial (indictment necessary for capital crime, no double jeopardy, freedom from self incrimination)

6th amendment

Rights during a trial (speedy and public trial, impartial jury)

7th amendment

Controversy must exceed $20 in those days (now $750000) to warrant federal court for a civil case. Courts must be government recognized

8th amendment

Prohibits excessive bail and cruel/unusual punishment

Civil liberties v Civil Rights

rights: guarentees of equality




liberties; guarentees of freedom

Due process clause- 5th and 14th

Due process: to be handled fairly in terms of laws and regulations




5 insured due process during a trial




14 insured the government would not take action against something unfairly (so before a trial)

14th and supreme court interpretation

The court interprets the 14th amedment to extend the other amendments to apply to the states, as well as a key method of justifying equal rights

Gitlow v New York

Gitlow was charged for conspiracy (distributed manifestos compelling to overthrow the government). The supreme court ruled his free speech was not violated, however the case was used to say the 1st amendment applied to states.

selective incorporation

The process by which provisions of the bill of rights are gradually applied to state and local governments

Freedom of religion and two clauses

Establishment clause: The government may not establish a national religion, also forbidding advancing anyone religion or supporting religion over non religion



Free Exercise clause: the government may not prohibit someone from exercising their religion, which also serves to stop much religious discrimination

Lemon v. Kurtzman and Lemon test

Taxpayers sued against law providing funding for non-punlic, non-secular schools. SC ruled in favor of tax payers, saying this violated establishment clause. Also, the Lemon test was created, which has three parts




1. Secular Purpose




2. Neither promoting nor inhibiting religion




3.Avoids excessive religious entanglement

Employment division v Smith

Smith was denied unemployment benefits because they were fired for using illicit drugs. However, aforementioned substances were ingested as part of a religious ceremony. The court ruled, however, in favor of the employment division because the government can regulate drugs. Dispelled compelling interest in religious minorities.

Engel v Vitale

SC decided prayer authorized by NY for before school violated the establishment clause.

freedom of speech

Freedom of expression through writing, dress, speech, money, etc.

Schenck v US

The SC decided in favor of the US, Schenck's distribution of anti-draft circulars presented "clear and present danger" and thus was not protected by free speech

clear and present danger test

Speech is not protected if it presents clear and present danger to the country/public safety

Bradenburg v Ohio

KKK leader said law prohibiting potentially violence inciting speech violated his free speech. SC ruled in his favor, SC said law was to broad to be constitutional

Protected v Non-protected speech

All speech is protected as free speech, aside from obscenity, fighting words, commercial speech, and libel

prior restraint

Usually unconstitutional; restriction/censorship of speech before it reaches the public

NY Times v Sullivan

Montgomery city commisioner lawfully won money by claiming an ad in the NY times was libel, however, the SC said that because there was no proof needed for the libel claim under a law in Alabama, that law was declared unconsitutional

Obscenity

Material that may be damaging for some and is inappropriate for public. Not protected as speech.

Miller v California

Court ruled obscene materials did not have first amendment protection- miller had been arrested for distributing adult material

fighting words

Words carrying damaging connotation/ physical threat are not protected as free speech

commercial speech

Speech for monetary purposes such as literal commercials or endorsements is not protected as free speech

Symbolic speech

Demonstrations that are symbolic such as flag burning are protected as free speech

Texas v Johnson

Johnson was arrested under Texas state law for burning a flag. However the supreme court reversed this, deciding flag burning to be symbolic, and thus protected, speech

Freedom of the press

Freedom of the media (news papers, TV, etc.) may publish what they wish as ling as it is not obscenity, etc.

FOIA

Freedom of Information act- allows the press access to government goings on and documents

role of the FCC

Regulates what it constitutionally can: obscenity, libel, etc in the press, mainly tv and radio

Reno v. ACLU

The court ruled certain previsions of a law that prohibited transmission of explicit materials, due to its blanket free speech restrictions

freedom of assembly

As long as an assembly/protest is not violent/overly disruptive in nature, groups may assemble freely and lawfully

eminent domain

The government power to take private property for public use (with proper compensation)

Barron v Baltimore

Barron's property could be taken without compensation for public use because that was intended for national taking, not by cities

Procedural v Substantive due process

Procedural- Over how government exercises power (jud. exec.) or how people can be brought into prials and how they are tried



Substantive: over substance of laws (leg.)

Griswold v Connecticut

SC declares Connecticut state law that prohibited anyone aiding couples in information regarding contraceptives unconstitutional. Specifically: Planned Parenthood sued against this law and one because this was guaranteed under substantive due process. Recognized the constitutional right to privacy

Roe v Wade

SC ruled that abortion was a constitutional right under the right to privacy which was recognized in Griswold

Planned Parenthood v Casey

Case that upheld Roe but added that abortion restrictions may not put "undue burden" on a woman seeking abortion. Thus needing to notify ones spouse is unconstitutional.

Boy Scouts of America v Dale

SC rules Boy Scouts of America could not be forced to include gay members due to their rights of expressive association

Unreasonable search and seizure

Search of property and taking of it with out a just reason and/or proper permission

search warrant, probable cause

In order for a valid search in which usable evidence can be found/taken, a search warrant or probable cause is necessary. A warrant is an official document stating suspicion (or probable cause) and cause for a search that must be approved by a magistrate to be valid.

when warrantless searches are allowed

Consent




Plain view of violation




In connection with an arrest




Necessary to public safety

Exclusionary rule

Evidence obtained illegally is not usable in trial

Mapp V Ohio

SC decided materials obtained in search of the residence of Mapp were not usable as evidence because 4th amendment was violated- exclusionairy rule constitutional

New Jersey v TLO

Due to location in school, probable cause warranted a warentless search on school grounds (in this case if a purse) according to the SC

The right to remain silent

Freedom from self-incrimination under the 5th amendment, one does not have to answer questions asked in court if they would incriminate themself

Miranda v Arizona

Miranda was convicted using a testimony he did not know he was not required to sign. He held that it was necessary to inform him of his rights before a testimony of self-incrimination for it to be valid. The supreme court agreed, adding the mandate to let one know they may always have a lawyer present.

Fair trial procedures

Indictment by grand jury




Impartial Jury




Speedy and Public Trial




Attorney




No double jeopardy




Appeal




Call witnesses on your behalf

Grand v. Petit Jury

Petit:

In trial for public trial, with private deliberations


6-12 people


defendant can call witnesses, testify, etc


pronounces guilty/not guilty or in favor of defendant or plaintiff




Grand:


16-23 people who decide in private if there is enough evidence to warrant a criminal trial. If so, and indictment is issued.

Indictment

When someone accused of a crime is sent to trial by a grand jury that has decided that there is enough evidence to warrant a trial

Gideon v. Wainright

SC affirmed right to an attorney and declared florida law unconstitutional: an attorney must always be appointed for defense if requested, even if the case is not capital

Speedy and public trial

Protects accused from delay between indictment and trial, as well as most corruption, as the trial is conducted in the public eye

Right to an attorney

The right of the accused to have an attorney appointed to defend them when they cannot afford one or do not wish to pay one

trial by impartial jury

The right to be tried by a jury that is not related to the case or ideologically biased in a way that would make them decide unfairly

call witnesses on your behalf

You have the opportunity to call witnesses on your behalf as the accused and have the court issue subpoenas to compel them to appear

no cruel and unusual punishment

The 8th amendment prohibits cruel and unusual punishment, thus undemocratic and horrible methods of punishment may not be used on those found guilty


appeal

Those found guilty, as well as those in civil cases, have the right to appeal. This brings the case to a higher court level that will reevaluate for law/proceedings error.

no double jeopardy

Someone found not guilty may not be tried for the same charge again

Death Penalty permissibility

Crime must have caused death

Equal opportunity, between groups, of results

Equality is not mentioned in the constitution, but it is an American value that there is equality of oportunity between groups, and everyone in general. Some think affirmative action is necessary for this, others disagree. This, however, does not necessarily mean equal results

naturalization process

One must




Speak english


Have lived in the US for 7 years


Not have participated in crime terrorism


Have good moral character


take a knowledge test


submit proper forms

rights of citizens v aliens

Aliens are protected by the constitution, but not guaranteed some constitutional rights such as the right to vote

13th amendment

Permits slavery

14th amendment

Said those born here were naturalized, extended constitutional rights to state and demanded equal treatment by the law of all citizens

15th amendment

Officially stated race could not be used as a certain necessity to vote (not effective in stopping voter discrimination, however)

events that led to the civil rights movement

14th amendment created a black middle class that pushed more and more against unjust segregation, starting the more powerful part of the movement

events of the civil rights movement

numerous boycotts and protests, as well as litigation, paved the way to acts for equal rights

women's suffrage

The women's rights movement began soon afterward, and eventually more equality was created when the 19th amendment guaranteed women the right to vote

equal rights amendment

A many-times-proposed amendment that would make women and men completely equal in the eyes of the law, however it has constantly been rejected, partly due to pressure from conservative women who said it would disadvantage housewives

americans with disabilities act

An act prohibiting discrimination against the disabled

equal protection clause

clause of the 14th amendment that states all citizens are constitutionally equal under the law

ration basis

Test of substantive due process, whether something is rationally related to legitimate government interest

strict scrutiny

To pass, a law/action must:



Have compelling government interest


Be as narrowly tailored as possible


Must use the least restrictive means

heightened scrutiny

Law must further government interests by means substantially related to that interest

suspect classifications

a class of individuals historically subject to discrimination- a law that makes a distinction based on a suspect classification is subject to immediate scrutiny

poll tax, literacy test, white primary

Methods used by southern states to prevent blacks from voting (even though they legally could vote)

24th amendment (26th amendment)

24: eliminated poll tax



26: Lowered voting age to 18

racial gerrymandering

Drawing of representative district lines to increase or decrease the influence of a certain race that lives in certain areas

Baker v Carr

A highly fought over supreme court case in which the SC decided it did have jurisdiction over reapportionment, and mandated TN to change its racially gerrymandered ditrict

Wesberry v Sanders

Concluded districts had to represent around the same number of people

Shaw v Reno

A clearly race gerrymandered district in north carolina, although it was in favor of minorities, was found unconstitutional

Jim Crow laws

laws that discriminated between white and colored people

Plessy V Ferguson

Supreme court case used to justify Jim Crow: declared tha docterine of"separate but equal" was constitutional

commerce clause

Congress used this to launch off much civil rights legisaltion, because almost everything tied back to economics

Civil Rights Act of '64, '65, '68

64: Prohibited discrimination with customers and employment



65: Bascially demolished all unethical voting barricades on blacks




68 eliminated obvious discrimination when selling/renting

lBrown v board of Ed

Case that reversed the plessy v feurgeson precedent separate but equal no longer constitutional

busing

Aimed to integrate schools buy driving kids accross town to create good ratio white:black schools

de jure v de facto segregation

de jure: law mandated



de facto: due to ecnomic, social, etc factors

Educational Amendments Act (title IX)

Prohibits sex based discrimination for federally funded educational programs

Reverse discrimination, quotas

some have tried to "reverse discriminate" with affirmative action and using quotas to make their schools diverse to at least a certain level/

University of CA V Bakke

Court found that race could not be a large criteria in college admissions

Grutter v Bollinger

Michigan's college admissions system found not to be too narrowly tailored around race (took place before Gratz)

Gratz v Bollinger

Michigan's college admissions system was found to be too narrowly tailored around race to be legal under the civil rights act and 14th amendment

California Prop 209

A referendum to prohibit discrimination in the California housing market that did pass

New York Times v United States

The press had the freedom to obtain documents, withholding said government documents violated the first amendment

Bethel v Fraser

School could permit screening of obsceneties, did not violate free speech

Arizona v US

parts of an arizona law were contested by the US, provisions stating that being present unlawfully, working unlawfully, and warantless searches of aliens were struck down, but upheld was a check of documentation for detained alens

Hazlewood v Kuhlmeier

A school newspaper is not a real newspaper, thus the school can regulate it without violating freedom of the press

National Socialist Party of America v Village of Skokie

despite nazi association and apparel, leaders of a protest made proper promises and went through proper procedure. Thus, the SC concluded denying their protest permit against the first amendment.