section 2 of test 5/16... sc cases Flashcards
Strict constructionist judicial interpretation
when a justice uses the exact wording of the constitution/ original intent of the framers to make a decisions
Near vs Minnesota - followed wording of constitution
Activist judicial interpretation
judge uses general principles of constitution to make decision
Miranda vs Arizona
Litmus test
when prez appoints justices of similar ideologies
Symbolic Speech
expression w/o words
Us v O’Brien….Tinker vs des moines… tx v johnson
Obscenity/Miller test
3 test to find obscenity SLAPS test…
Miller vs California
Brandenburg Test
Speech can be limited if it leads to imminent lawless action
Brandeburg v ohio
Prior restraint
to stop something from being printed
Near vs Minnesota…. NYT vs US
Establishment clause
The government cant create official religion
Everson vs board of edu…. Engel vs vitale
Free Exercise clause
government cannot limit religious practice
Unemployment divison v smith
Due Process
procedure government must follow to take away rights
Miranda v Arizona… Gideon vs Wainwright
Exclusionary rule
Cant use illegaly obtained evidence in court
Mapp vs Ohio
Inevitable Discovery
you can use illegaly obtained evidence if it would’ve been found legally
nix vs wlliams
Good faith exception
Illegally obtained evidence can be used in court if the police act in good faith
Us vs leon
