US Government Quiz 1 Flashcards
Public universities may consider race as a factor in admission decisions / implement affirmative action (preferential treatment to members of historically disadvantaged groups), but cannot use racial quotas (based on 14th amendment); overturned by Students for Fair Admissions v Harvard (2023)
Bakke v Regents of Univ. of CA (1978)
In order to protect themselves from self-incrimination and unfair police interrogation, those accused of a crime must be made aware of their “Miranda rights” before any questioning takes place (the right to remain silent, the right to have an attorney present during questioning, and that anything they say can be used against them in a court of law) – based on 5th amendment
Miranda v Arizona (1966)
Separate school facilities based on race are unconstitutional; overturned the Plessy v Ferguson decision (based on 14th amendment)
Brown v Board of Education (1954)
Evidence obtained illegally may not be used in court (based on 4th amendment)
Mapp v Ohio (1961)
Public school students have the right to wear a black armband to protest the Vietnam War because it is “symbolic speech” protected by the First Amendment
Tinker v. Des Moines (1969)
The death penalty for murder does not, under all circumstances, violate the 8th amendment’s prohibition of cruel and unusual punishment; this decision left it up to the individual states whether or not to have the death penalty
Gregg v. Georgia (1976)
People accused of a crime have the right to an attorney to defend them; if a person cannot afford an attorney, one will be provided by the state (based on 6th amendment)
Gideon v Wainwright (1963)
Burning the American flag as a form of protest is “symbolic speech” and protected by the First Amendment
Texas v Johnson (1989)
If speech presents a “clear and present danger” to society (example saying “bomb” on an airplane / “fire” in a crowded movie theatre), then it is not protected by the First Amendment
Schenck v U.S. (1919)
Marriage licenses for same-sex couples must be issued in every state and all states must recognize the marriages of same-sex couples in other states (based on 14th amendment); churches are not required to marry same-sex couples (based on First Amendment)
Obergefell v Hodges (2015)