Civil Liberties Free Response Flashcards
Selective incorporation
Applying bill of rights to states on a case by case basis
Background of Gideon vs wainwright
A person was charged with breaking into a pool hall. He asked that the court appoint him a lawyer and he was denied. He represented himself which lead to conviction and getting sent to prison
Questions Supreme Court had for Gideon vs wainwright
Do states have to appoint someone a lawyer in criminal cases if they cannot afford one
Ruling and rationale of Gideon vs wainwright
Under due process clause of 14th amendment all states must appoint someone a lawyer if they cannot afford on under the 6th amendment
Background for McDonald vs Chicago
Citizens in a state challenge gun bans in that state after the Supreme Court ruled that citizens in DC could have functional guns in their home
Questions from the Supreme Court for McDonald vs Chicago
Can states ban functional guns in a home under the second and 14th amendments
Ruling and rationale for McDonald vs Chicago
Under the due process clause of the 14th amendment, citizens have the right to have functional guns in their home under the Second Amendment making these bans unconstitutional
Background information for schenk vs US
During ww1 a person was passing out pamphlets, encouraging young men to disobey the draft, and was arrested and convicted for doing so
Questions the Supreme Court had for schenck vs US
Did the arrest and conviction violated his rights to the first amendment, freedom of speech
Ruling in rational of Schenck versus United States
Supreme court ruled against him, because the first amendment does not protect speech that creates clear and present danger that Congress has power to prevent
Background information for New York times vs US
The government tried to stop newspapers from publishing stolen, classified documents, arguing it was necessary to protect national security
Background information for you New York times versus US
The government trying to read newspapers from publishing, stolen classified documents, arguing it was necessary to protect national security
Questions Supreme Court had for New York Times versus US
Is preventing the newspapers from publishing the information, a violation of freedom of the press in first amendment
Ruling in rational for New York Times versus United States
The newspapers can publish the materials under freedom of the press in first amendment, because government cannot prove an actual threat to national security
Background information for tinker versus Des Moines
High school students were suspended for refusing to remove arm band to protest the Vietnam war
Question supreme court had to decide for tinker versus des Moines
Is forcing students to remove armband, a violation of freedom of speech of the first amendment
Ruling in rationale of tinker versus des Moines
Under freedom of speech in first amendment, students have the right to wear arm bands at school and Schools can only stop free speech from students when it disrupts operation in Schools
Background information of citizens united versus FEC
No interest group was blocked from an Anti-Hillary Clinton movie during her campaign for president
Questions Supreme Court had for citizens united versus FEC
Weather, corporations and unions can use their general fund to express their political views under freedom of speech in first amendment
Ruling in rationale for citizens, united versus FEC
Corporations are people therefore, they have free-speech under first amendment and independent funds are protected to express political views
Background information of Engel versus Vitale
A public school had a prayer said over intercom for all to hear each day
Questions the Supreme Court had for Engel versus Vitale
Is having a prayer over intercom violation clause of the first amendment
Ruling and rationale for Engel versus Vitale
Reading prayer over intercom violates establishment clause of freedom of religion in first amendment, because government can’t favor any religion and all students would hear prayer
Background information of Wisconsin versus Yoder
Several Amish parents were arrested for refusing to send their kids to high school because it violated their religious beliefs
Question Supreme Court had to decide for Wisconsin versus Yoder
Under free exercise clause of the first amendment, can parents choose not to send their kids to school for religious reasons
Ruling and rationale of Wisconsin versus Yoder
Under free exercise clause of first amendment freedom of religion, parents could not choose to not send their children to high school if it went against religious beliefs
