cases for test

Question 1

Schenk v U.S

Answer 1

First amendment: freedom of speech
court created clear and present danger test to determine what speech is protected.

Question 2

Brandenburg v Ohio

Answer 2

first Amendment: freedom of speech
changed the clear and present danger test to: language/acts directed at inciting violence, intended to incite violence and likely to incite violence. This was because of a protest of symbolic speech.

Question 3

Engel v Vitale

Answer 3

First amendment: freedom of religion
establishment clause violation
NO prayer in public schools

Question 4

Sherbert v Verner

Answer 4

first amendment : freedom of religion
free exorcise clause
sides with civilian this case as about not working on a sabbath.

Question 5

Texas v Johnson

Answer 5

first amendment: freedom of speech; symbolic speech
sides with civilian making the Texas state law of anti flag burning illegal on a federal level calling for symbolic speech.

Question 6

Lemon v Kurtzman

Answer 6

First amendment : Freedom of religion; establishment clause
This case was over using state funds to help religions schools to pay for the secular subjects teachers salaries. the court ruled this it is illegal. they created a three pronged lemon test.

Question 7

Arizona v Maranda

Answer 7

5th amendment: right to remain silent
created the Maranda rights
1. silence
2. attorney
3. free attorney
must advise of rights in a custodial interrogation.

Question 8

lynch v Donnelly

Answer 8

first amendment: freedom of religion; establishment clause; nativity scene
nativity scene on town property. ruled ok if it is surrounded by other symbols of the holiday season.

Question 9

employment division v smith

Answer 9

first amendment: freedom of religion; free exorcize clause
native American religion do drugs as a ritual men arrested for dui protested that is was religions but court ruled that if a law was not directed to a religion then it is legal so the native Americans were at fault.

Question 10

Mapp v Ohio

Answer 10

4th amendment: search and seizure; exclusionary rule created
evidence is excluded at a trial if it is gotten against the 4th amendment.

Question 11

1st amendment

Answer 11

freedom of
speech
religion
press
assembly
petition

Question 12

2nd amendment

Answer 12

right to bear arms

Question 13

4th amendment

Answer 13

protection against arborary search and seizure

Question 14

5th amendment

Answer 14

right to remain silent

Question 15

6th amendment

Answer 15

right to an attorney

Question 16

8th amendment

Answer 16

protection against cruel and unusual punishment.