Speech Flashcards
What was Schneck v US?
Speech can be restricted when it creates a “clear and present danger test.” (Schneck violated Espionage Act for actions that obstructed the recruiting service during World War 1)
What was Times v US?
Freedom of press and prior restraint.
Examples of symbolic speech…
Texas v Johnson (flag burn)
Tinker v Des Moines (Arm bands)
What is Actual Malice?
Must be proven to win a civil suit when freedom of the press is involved. Cam out in NY Times v Sullivan. “Knowledge that the information was false” or that it was published “with reckless disregard of whether it was false or not.”
What is Libel?
Someone spreading a false rumor. This is not a form of protected speech.
What was Miranda v AZ
Protects against unfair police interrogation, comes from 5th and 6th amendment.
What was Mapp v Ohio?
evidence obtained in violation of the Fourth Amendment to the U.S. Constitution, which prohibits “unreasonable searches and seizures,” is inadmissible in state courts.
What is habeas corpus?
protects against unlawful and indefinite imprisonment.
What was Brown v Board?
Supreme Court ruled that separating children in public schools on the basis of race was unconstitutional.
What was Plessy v Ferguson?
upheld the constitutionality of racial segregation under the “separate but equal” doctrine.
What is the difference between De Jure and De Facto segregation?
De Jure: Legal segregation (Separate but equal)
De Facto: It will happen anyway.
What was the 13th Amendment?
Officially abolished slavery.
What was the 14th Amendment?
granted citizenship to all persons “born or naturalized in the United States,” including formerly enslaved people.
What was the 15th Amendment?
The right to vote cannot be denied because of race.
How did state governments fight back against these amendments?
Literacy tests, grandfather clauses, and poll taxes.
