AP NSL cases and other defin. FOR CIVIL RIGHTS AND LIBERTIES
About this set
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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26 terms
Terms | Definitions |
|---|---|
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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