Court Cases

Question 1

Zurcher v. Stanford Daily (1978)

Answer 1

Proper search warrant could be applied to newspaper as well as anyone else without necessarily violating freedom of the press

Question 2

Roth v. US (1957)

Answer 2

Obscenity is not protected by first amendment

Question 3

Miller v. California (1973)

Answer 3

Obscenity is defined by communities, “patently offensive,” “prurient interest,” and “lacking in value”

Question 4

Near v. Minnesota (1931)

Answer 4

First amendment protects newspapers from prior restraint

Question 5

Schenck v. US (1919)

Answer 5

Govt can limit speech if it presents a “clear and present danger”

Question 6

Zelman v. Simmons-Harris (2002)

Answer 6

Allows states to provide vouchers for tuition for religious schools

Question 7

Engel v. Vitale (1962)

Answer 7

Banned public school-sponsored prayer.

Question 8

School Dist. of Abington Township, PA v. Schempp (1963)

Answer 8

Requiring Bible readings violate the establishment clause.

Question 9

Barron v. Baltimore (1833)

Answer 9

The bill of rights applies only to national government, not states.

Question 10

Gitlow v. New York (1925)

Answer 10

Freedom of speech and press are fundamental rights protected by the due process clause of the fourteenth amendment (incorporation doctrine)

Question 11

Lemon v. Kurtzman (1971)

Answer 11

Established lemon test: 1) secular legislative purpose, 2) have a primary effect that neither advances nor inhibits religion, and 3) does not foster excessive entanglement of government in religion

Question 12

New York Times v. Sullivan (1964)

Answer 12

Must prove malicious intent and reckless disregard for truth to win libel suits

Question 13

Miami Herald Publishing Company v. Tornillo (1974)

Answer 13

State cannot force newspaper to print replies from candidates it has criticized

Question 14

Red Lion Broadcasting Company v. FCC (1969)

Answer 14

Upheld restrictions on radio and television broadcasting because of limited frequencies available.

Question 15

NAACP v. Alabama (1958)

Answer 15

NAACP doesn’t have to reveal its membership list

Question 16

Mapp v. Ohio (1961)

Answer 16

Search and seizure protections apply to state AND federal governments

Question 17

Miranda v. Arizona (1966)

Answer 17

Officers must inform arrested people of right to not self-incriminate and to have a lawyer present during questioning

Question 18

Gideon v. Wainwright (1963)

Answer 18

Anyone accused of a felony where they may be imprisoned, however poor, has a right to a lawyer

Question 19

Gregg v. Georgia (1976)

Answer 19

Death penalty is not cruel and unusual

Question 20

McCleskey v. Kemp (1987)

Answer 20

Dismissed allegations that the death penalty violates the fourteenth amendment because it disproportionately affects minorities

Question 21

Roe v. Wade (1973)

Answer 21

State bans on all abortions are unconstitutional - states cannot control abortions during first trimester, can only limit in case of mother’s health in second trimester, and can protect fetus in third trimester

Question 22

Planned Parenthood v. Casey (1992)

Answer 22

Loosened standards for evaluating restrictions on abortions

Question 23

Marbury v. Madison (1803)

Answer 23

Set up judicial review

Question 24

McCulloch v. Maryland (1819)

Answer 24

Implied powers

Question 25

Gibbons v. Ogden (1824)

Answer 25

Set broad definition of interstate commerce

Question 26

Buckley v. Valeo (1976)

Answer 26

Banned setting limits on amount a candidate may spend on their campaign

Question 27

Regents of the University of California v. Bakke (1978)

Answer 27

Specific quotas on race are impermissible, but race can be a factor in admission

Question 28

Texas v. Johnson (1989)

Answer 28

State cannot ban flag desecration

Question 29

TLO v. New Jersey (1985)

Answer 29

School officials only need a “reasonable suspicion” to conduct searches

Question 30

Acton v. Vernonia School District (1995)

Answer 30

Student athletes may be randomly drug tested