Mixed Civil Liberties/Rights

Question 1

Hustler magazine v. Falwell

Answer 1

Court held that intentional infliction of emotional distress was permissible (First Amendment speech) so long as such speech was about a public figure and could not reasonably be construed to stay actual facts about it subject

parody is not an actionable offense

Question 2

Shield laws

Answer 2

Protect reporters in state cases not national

National level- reporters are not exempted from testifying in court and naming sources

Question 3

Hazelwood school v. Kuhlmeier

Answer 3

School officials have sweeping authority to regulate free-speech in student run newspapers

Question 4

Thornhill v. Alabama

Answer 4

Union strikes are not unlawful

Question 5

Cox v. New Hampshire

Answer 5

Cities and towns could legitimately require parade permits in the interest of public order

resulted from a group of Jehovah’s witnesses parading without permit

Question 6

Lloyd corporation v. Tanner

Answer 6

Allowed owners of shopping malls to throw out people protesting the Vietnam War because smaller private spaces if

fewer assembly right on private establishments

Question 7

Boy Scouts of America v. Dale

Answer 7

Private organizations’ first amendment rights of expressive association allows them to choose their own membership and expel members based on sexual orientation even if such discrimination would otherwise be prohibited by anti-discrimination legislation designed to protect minorities in public accommodations

Question 8

Epperson v. Arkansas

Answer 8

Epperson prohibited states from banning the teaching of evolution in public schools

Question 9

The court responsible for greatly expanding protections that are granted to criminal defendants

Answer 9

Warren court

Question 10

Powell v. Alabama

Answer 10

State governments must provide counsel in cases involving the death penalty to those who can’t afford it

Overruled by Brady

Question 11

Betts v. Brady

Answer 11

State governments did not have to provide lawyers to indigent defendants in capital cases

Gideon overruled

Question 12

Escobedo v. Illinois

Answer 12

Escovedo is another important born poor decision the court held that any defendant who asked for a lawyer had to have one grandson supreme or any confession garnered after that point would be inadmissible in court

Question 13

Inevitable discovery rule

Answer 13

Illegally seized evidence that would eventually have been found legally is also admissible in court

Question 14

Exigent circumstances

Answer 14

Reason to believe evidence would disappear by the time they received a warrant and returned police later have to demonstrate they had probable cause in court

Question 15

Bail reform act

Answer 15

Allowed the federal judges to denied bail to defendants considered either dangerous or likely to flee the country

Excessive bail has still not been incorporated so states can set bail as high as they please

Question 16

Woodson v. NC

Answer 16

North Carolina try to satisfy the courts requirement that the imposition of the death penalty not be arbitrary so they made it a mandatory punishment for certain crimes the court rejected this approach and will be mandatory death penalty sentences as unconstitutional

Question 17

Atkins v. Virginia

Answer 17

The US wind up with most other nations in the world by for bidding the execution of defendants who are mentally handicapped

Question 18

Roper v. Simmons

Answer 18

Court declared the death penalty unconstitutional for defendants his crimes were committed as minors even if they were charged as adults

Question 19

Webster v. Reproductive health services

Answer 19

Did not overturn Roe v. Wade but it did give states more power to regulate abortion

Question 20

Lawrence v. Texas

Answer 20

With this ruling SOTUS struck down the criminalization of homosexual sex in Texas saying that consensual sexual conduct was part of the liberty protected under the 14th amendment

Overruled previous decision in Bowers v. Hardwick where did not find constitutional protection of sexual privacy

Question 21

Planned parenthood v. Casey

Answer 21

Threw out Pennsylvania law requiring a woman to notify her husband before abortion

but called for parental consent, 24 hour waiting period, and states can regulate abortion but not with regulations that impose an undue burden upon women

Question 22

Equal pay act

Answer 22

Federal law made it illegal to base and employees pay on race gender or religion or national origin

Question 23

Civil rights act title VIII

Answer 23

Band racial discrimination in housing

Question 24

Civil rights act of 1991

Answer 24

Erase previous decisions that have a limited the abilities of job applicants and employees to bring suit against employers with discriminatory hiring practices

Question 25

Brown v. Board II

Answer 25

One year later the Warren Court saw that segregation was still ubiquitous
brown II- they ordered schools to desegregate with all due and deliberate speed

Question 26

Heart of Atlanta Motel Inc. v. US

Answer 26

Said the federal civil rights act of 1964 mandated the places of public accommodation are prohibited from discrimination against African-Americans

Question 27

Katzenbach v. McClung

Answer 27

Civil rights act of 1964 applies to virtually all businesses including private businesses

Question 28

Grate v. Bollinger

Answer 28

Related to Grutter v. Bollinger

Question 29

Family and medical leave act of 1993

Answer 29

Women and fathers 12 weeks of unpaid leave from work after giving birth

Question 30

Civil rights restoration act of 1988

Answer 30

Increased potency of title IX higher education act by allowing the government to cut off all funding to school that violate the law

Question 31

Lily Ledbetter fair pay act of 2009

Answer 31

Closed loophole that limited suits on discriminatory pay based on the timing of the issues with the first discriminatory paycheck
expanded those limits to allow suits based on any discriminatory paycheck and important adjustment for employees who learned of equities in wages or salary only after they have persisted for sometime

Question 32

South Dakota v. Dole

Answer 32

Federal government mandated the 21-year-old by frightening to withhold federal highway funds from Allstate I did not comply held to be constitutional

Question 33

US. v. Lopez

Answer 33

Congress had to use the commerce clause to aggressively create legislation governing what seem to be purely local matters
the court blocked them by holding that Congress does not have power to regulate guns near state operated schools

Question 34

Voting rights act of 1982

Answer 34

Requires states to create congressional districts with minority majorities in order to increase minority representation in house

Supreme Court left unclear how government may both achieve goals including rights act and maintain the regional integrity

Question 35

Preferred position doctrine

Answer 35

Reflects the courts believe that freedom of speech is fundamental to liberty therefore any limits on free speech must address of your eminence threats to the nation