AP NSL cases and other defin. FOR CIVIL RIGHTS AND LIBERTIES

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Created by:

Lyanne14  on April 14, 2012

Subjects:

US History, AP NSL, NSL TEST, NSL cases, Civil rights, Civil liberties, Unit 4, Unit 5

Description:

IMPORTANT NSL CASES (FOR AP NSL STUDENTS IN *DAMASCUS HIGH*) under unit 4 (civil liberties) and unit 5 (civil rights)

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AP NSL cases and other defin. FOR CIVIL RIGHTS AND LIBERTIES

Barron v Baltimore
1833; court only restrained the national government and not the state and cities.
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Barron v Baltimore 1833; court only restrained the national government and not the state and cities.
Gitlow v New York established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment
Lemon v Kurtzman The supreme court declared that the aid to church related schools must (1) have worldly legislative purpose,(2) a primary effect that neither advances nor inhibits religion,(3) Not foster an excessive government "entanglement" with religion
Engle v Vitale Mandatory prayer in schools is a violation of the establishment clause
-Supreme Court case that ruled that prayer in public school violated the principle of separation of church and state.
Near v Minnesota 1931 Supreme Court decision holds that the first amendment protects newspapers from prior restraint.Some prior restraints such as high school newspapers and time of war have been tolerated
Schenck v United States 1919: Government can limit speech if it evokes a "clear and present danger evils."You can't send out mailers against the draft during wartime because it creates clear and present danger.
Miller V. California 1973 Supreme Court ruled material obscene if : (1) appealing to a "prurient interest" of an average person,(2)showed "patently offensive sexual conduct" and (3) lacked literary, artistic, political, or scientific value(LAPS test).
New York Times v Sullivan 1964, Public Officials may not win a libel suit unless they can prove that the statement was made knowing it to be false or with reckless disregard of its truth.
Mapp v Ohio 1961, incoporated the exclusionary rule within the right to restrict the states.(illegally obtained evidence can't use in the court by 4th amend.)
Miranda v Arizona 1966, Supreme Court held that criminal suspects must be informed of their right to (1) remain silent (2)what they say can be used against them in court(3) have right to a lawyer during questioning, and can get a lawyer if they cannot afford one.-5th amend-
Gideon v Wainwright 1963 - right to have a lawyer (counsel, attorney) if a person cannot afford one.-6th amendment-
Roe v. Wade 1974 - abortion // roe wants an abortion (texas bans), woman's right to abortion fell within right to privacy by 14th amendment, forbade state control within 1st trimester , allowed each state to decide for second trimester,and 3rd trimester states are allowed the power to ban abortion.
Griswold v Connecticut 1965, Establishes the right to privacy [Right to Privacy - 4th and 9th Amendments.];married couples access to contraception
Scott v. Standford 1857, slave who had escaped to a free state enjoyed no rights as a citizen and that Congress had no authority to ban slavery in the territories.
Plessy v. Ferguson supreme court ruled that segregation public places facilities were legal as long as the facilites were equal (separate but equal)
Brown v. Board of Education 1954, Supreme Court held school segregation unconstitutional
Brown v. Board pt. 2 Court ordered lower courts to proceed with "all deliberate speed" to desegregate public speed because the south was slow to desegregate.
Korematsu V. United States 1944, Supreme Court case where the Supreme Court upheld the order providing for the relocation of Japanese Americans.
Reed v. Reed 1971, gender discrimination violates the 14th amend. (equal protection clause of the Constitution)
Craig v. Boren 1976 ruling, the Supreme Court established the "medium scrutiny" standard for determining gender discrimination.Gender discrimination is neither valid nor invalid standard.
Orr v. Orr -husbands but not wives pay alimony
-no longer is a man's primary responsibility to provide a home and its essentials an important government interest because women can work
Mississippi v. Hogan Voided( Got rid of) closing of a state nursing school to men
Stanton v. Stanton voided( Got rid of) setting a higher age for reaching legal adult status for men than for women.
Craig v. Boren (hint: liquor) held liquor laws must require same age for men/women
University of California v. Bakke The Court held that while affirmative action systems are constitutional, a quota system based on race is unconstitutional.
Adarand Constructors v Pena Race based discrimination, including discrimination in favor of minorities (affirmative action), is subject to strict judicial scrutiny.
- (1995) Supreme Court case ruling that an affirmative action program cannot make use of quotas or preferences for unqualified persons

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