Mixed Civil Liberties/Rights Flashcards
Hustler magazine v. Falwell
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
Shield laws
Protect reporters in state cases not national
National level- reporters are not exempted from testifying in court and naming sources
Hazelwood school v. Kuhlmeier
School officials have sweeping authority to regulate free-speech in student run newspapers
Thornhill v. Alabama
Union strikes are not unlawful
Cox v. New Hampshire
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
Lloyd corporation v. Tanner
Allowed owners of shopping malls to throw out people protesting the Vietnam War because smaller private spaces if
fewer assembly right on private establishments
Boy Scouts of America v. Dale
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
Epperson v. Arkansas
Epperson prohibited states from banning the teaching of evolution in public schools
The court responsible for greatly expanding protections that are granted to criminal defendants
Warren court
Powell v. Alabama
State governments must provide counsel in cases involving the death penalty to those who can’t afford it
Overruled by Brady
Betts v. Brady
State governments did not have to provide lawyers to indigent defendants in capital cases
Gideon overruled
Escobedo v. Illinois
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
Inevitable discovery rule
Illegally seized evidence that would eventually have been found legally is also admissible in court
Exigent circumstances
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
Bail reform act
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
Woodson v. NC
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
Atkins v. Virginia
The US wind up with most other nations in the world by for bidding the execution of defendants who are mentally handicapped
Roper v. Simmons
Court declared the death penalty unconstitutional for defendants his crimes were committed as minors even if they were charged as adults
Webster v. Reproductive health services
Did not overturn Roe v. Wade but it did give states more power to regulate abortion
Lawrence v. Texas
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
Planned parenthood v. Casey
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
Equal pay act
Federal law made it illegal to base and employees pay on race gender or religion or national origin
Civil rights act title VIII
Band racial discrimination in housing
Civil rights act of 1991
Erase previous decisions that have a limited the abilities of job applicants and employees to bring suit against employers with discriminatory hiring practices
