Chapter 5: Civil Liberties Court Cases Part 1

Question 1

A general secretary of the American Socialist Party organized a mass mailing of anti-draft flyers to urge those not to attend the draft

Answer 1

Schenck v. US (1919)

Question 2

Was arrested and charged under the Espionage Act and was found guilty of violating and affecting the war effort

Answer 2

Schenck v. US (1919)

Question 3

Court decided that it was clear and present danger and created a balancing test in free speech cases

Answer 3

Schenck v. US (1919)

Question 4

Russian born political activist was arrested for handing out leaflets that was critical to the US actions against Russia’s new form of government

Answer 4

Abrams v. US (1919)

Question 5

What a clear and present danger to the US and the dissenting opinion wasn’t as bad as Schenck

Answer 5

Abrams v. US (1919)

Question 6

Arrested for handing our leaflets calling for and uprising of socialist government and was convicted under New York law as forbidding and dangerous speech

Answer 6

Gitlow v. New York (1925)

Question 7

Appeals claiming that New york violated his 1st amendment of free speech and the state argued that the BOR didn’t appeal to state laws

Answer 7

Gitlow v. New York (1925)

Question 8

Centered on a KKK leader that was arrested for giving speech advocating illegal activities and the court had to decide if it was clear and present danger

Answer 8

Brandenburg v. Ohio (1969)

Question 9

Decided that speech has to be directed to inciting or producing imminent danger of lawless action
Court ruled that speech wouldn’t produce lawless action

Answer 9

Brandenburg v. Ohio (1969)

Question 10

Symbolic Expression that doesn’t disrupt school curriculum can’t be censored

Answer 10

Tinker v. Des Moines Independent County School District (1969)

Question 11

Texas flag burning statute is unconstitutional

Answer 11

Texas v. Johnson (1984)

Question 12

US flag burning is illegal- Supreme Court decided that it’s unconstitutional

Answer 12

US v. Eichman (1990)

Question 13

Public people can interject into a public arena, private people don’t

Answer 13

NY Times v. Sullivan (1964)

Question 14

Malice afterthought must be proven to public persons

Answer 14

NY Times v. Sullivan (1964)

Question 15

Publishers called a local political a gangster and the government called for an injunction

Answer 15

Near v. Minnesota (1931)

Question 16

Court struck down the state law for high standards needed for prior restraint- the government needed to prove irreparable harm

Answer 16

Near v. Minnesota (1931)

Question 17

Ellisburg smuggles classified documents about vietnam out of the pentagon and sent them to the NY times

Answer 17

NY Times v. New York

Question 18

Papers were published after being smuggles and the gov, sought for an injuction

Answer 18

NY Times v. New York

Question 19

Court sided with the press and showed that the courts are most likely to side with the press

Answer 19

NY Times v. New York

Question 20

Shows Expression v. Order

Answer 20

Hazelwood v. Kuhlmeier (1988)

Question 21

High school students wanted to publish a section on teen pregnancy and divorce and authorities censored it

Answer 21

Hazelwood v. Kuhlmeier (1988)

Question 22

Students sued and loss- School can censor if it’s not valid for educational purposes

Answer 22

Hazelwood v. Kuhlmeier (1988)

Question 23

Case the shows Obscenity

Answer 23

Miller v. California (1973)

Question 24

State & Local government have the responsibility to use a test to determine if offending parties have passes the test

Answer 24

Miller v. California (1973)

Question 25

An owner of a sex shop sent his advertisement through the mail

Answer 25

Miller v. California (1973)

Question 26

Case shows freedom of assembly

Answer 26

Feiner v. NY (1951)
Edwards v. South Carolina (1963)

Question 27

Holds speaker responsible for the actions when utter unpopular ideas

Answer 27

Feiner v. NY (1951)

Question 28

Hold the audience responsible for their actions as a result of unpopular speech

Answer 28

Edwards v. South Carolina (1963)

Question 29

NJ Town challenged for reimbursing parents for the cost of transportation for kids going to private schools

Answer 29

Everson v. Board of Education of Ewing Township (1947)

Question 30

Supreme Court claimed that busing was a neutral activity

Answer 30

Everson v. Board of Education of Ewing Township (1947)

Question 31

No school prayer or non denominational prayer allowed because school is a state agency and kids are impressionable under peer pressure

Answer 31

Engel v. Vitale (1962)

Question 32

No voluntary prayers of bible readings in public school because it may get a “atheist” label which is unfair

Answer 32

Abington School DIstrict v. Schempp (1963)

Question 33

3 parts test for public aid to religious school and anything else religious

Answer 33

Lemon v. Kurtzman (1971)

Question 34

NY can’t create a special school district for orthodox jews or other groups

Answer 34

Board of Ed v. Grumet (1994)

Question 35

Any school that receives federal funds cannot prohibit religious/political groups from meeting after school

Answer 35

Board of Ed v. Mergens (1990)

Question 36

Upholds the Equal Access Act of 1984

Answer 36

Board of Ed v. Mergens (1990)

Question 37

Moments of silence specifally intended for meditation/prayer in public school is unconstriutional

Answer 37

Wallace v. Jaffree (1985)

Question 38

Alabama passed down 3 laws and all were struck down

Answer 38

Wallace v. Jaffree (1985)