Court Cases

Question 0

Civil rights

Answer 0

Right to equal treatment under the law; these specify what the govt must do to ensure equal protecting of the law and freedom from discrimination (14 amend) equal protection

Question 1

Civil liberties

Answer 1

Personal freedoms that govt may not take away from you without due process of law (14 amendment) limitation on govt

Question 2

14th amendment

Answer 2

No state can limit privelages of the citizen of the United States

Question 3

Selective incorporation

Answer 3

Refers to which the SCOTUS gradually applied the freedoms protected by the bill of rights against state governments by way of 14th amendment due process clause

Question 4

Establishment clause

Answer 4

Congress shall make no law respecting the establishment of religion

Question 5

Lemon vs kurtzman (1971)

Answer 5

Created lemon test to determine wether state aid to religious school violates the establishment clause

Question 6

Lemon test

Answer 6

Secular purpose
Neither inhibit or advance religion
Avoid excessive entanglement between church and state

Question 7

Engel vs vitals (1962)

Answer 7

Government official have no business for composing official prayers for any group
No state mandate prayer in public schools to be unconstitutional

Question 8

Epperson vs arkansas (1968)

Answer 8

Struck down an ar statue making it illegal for teacher in a state-sponsored institution to teach the theory of evolution

Question 9

Edwards v aquillard (1987)

Answer 9

Struck down a LA statue mandating balanced treatment of “creation science” and “evolution science” in public school

Question 10

The free exercise clause

Answer 10

“Prohibiting the free exercise there of”

Belief cannot be outlaw, but conduct an be limited if it involves with other laws

Question 11

Reynolds vs us (1878)

Answer 11

The Morrill anti-bigamy act (1862) banned bigamy in the United States; targeted the Mormons practice of plural marriage
Not allowed to practice polygamy

Question 12

Oregon vs smith (1990)

Employment division vs smith

Answer 12

Could deny unemployment benefit for violating states prohibition of use peyote even though drug was used for religious purpose

Question 13

Pure speech

Answer 13

Relies only on the power of words to convey message/meaning

Question 14

Symbolic speech “expressive conduct”

Answer 14

Using actions and symbols in addition to or instead of spoken words to express opinion
May be restricted by government

Question 15

Tinker v Des Moines (1969)

Answer 15

The first amendment protects the right to wear black armbands in high school to protest the Vietnam war

Question 16

Texas v Johnson (1989)

Answer 16

Flag burning is protected as symbolic speech

Question 17

Seditious speech

Answer 17

Urges resistance to lawful authority/ advocates overthrow of the government

Question 18

Clear and present danger test

Answer 18

Speech that presents an danger it is unprotected

Question 19

Bad tendency doctrine

Answer 19

Speech could be restricted even if it had only a tendency to legal action

Question 20

Preferred position doctrine

Gitlow vs New york

Answer 20

1st amendment freedoms are more fundamental than other freedoms because they provide the basis for all other liberties thus, any law limiting these freedoms are unconstitutional unless govt can prove other wise- strict scrutiny

Question 21

Slander

Answer 21

Spoken defamation

Question 22

Libel

Answer 22

Written defamation

Question 23

Bethel SD v Fraiser (1986)

Answer 23

Student may be suspended for lewd or indecent speech at school events, through this would be protected outside the school setting

Question 24

Hazel wood SD v kuhlmeier (1998)

Answer 24

School officials have sweeping authority to regulate student speech in school sponsored newspaper theater production etc.

Question 25

Prior restraint

Answer 25

Censorship of information before it is published

Has repeatedly been limited by SCOTUS, not allowed by courts

Question 26

Miller v California (1973)

Answer 26

When is material obscene (LAPS test)
Violates community standards 
Appeals to arouse people 
Shows sexual conduct 
Lacks serious serious literary, artistic, political, or scientific

Question 27

Griswold v Connecticut (1965)

Answer 27

Struck down state law forbidding use of contraceptives

Various portions of bill of rights don’t protect rights to privacy

Question 28

Roe v wade (1973)

Answer 28

Divided a pregnancy into 3 trimesters based upon the viability of the embryo/fetus at each state, as do medical personnel

Question 29

4th amendment

Answer 29

Unreasonable searches and seizures

Question 30

Te exclusionary rule

Answer 30

Prevents police from using illegal attained evidence against you

Question 31

Mapp v Ohio (1961)

Answer 31

Incorporated the exclusionary rule against the states