5 Written Questions

1. The Right to Privacy
   * (1969), found pornographic info, but looking for bookmaking evidence. "If the First Amendment means anything, it means that a State has no business telling a man, sitting alone in his own home, what books he may read or what films he may watch.
2. Obscenity
   By , obscenity law had been . Allowing anything as long as children and non-consenting adults were protected. * did protect serious art and literature. Remember, *** did not hit the market until the late 1970s, and now popular tv has steamier scenes than Warren Court dealt with.
3. The Right to Privacy
   New area of constitutional law in , 1965. Brandeis and Samuel Warren had talked about right to privacy in Harvard Law Review back in 1890. Many thought that privacy was part of criminal procedure rights, especially Amendment in search and seizure, the ** in self-incrimination, and the *** dealing with un-enumerated rights.
4. Prayer, Bible Reading, and Evolution
   Remember, we are talking about nationalization of the Bill of Rights, taking those rights against the states or state action. * (1962), non-denominational prayer: Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessing upon us, our parents, our teacher, and our country." Meant to be a compromise, fitting all religions.
5. Obscenity
   * (1957) began to approach a federal standard—any idea having "the slighted redeeming social importance" could claim First Amendment protection.

5 Matching Questions

1. NY Times v. Sullivan
2. Everson
   Frothingham v. Mellon
3. Bond v. Floyd
4. Weeks
   Mapp v. Ohio
5. Douglas
   liberty clause
   Bill of Rights

1. a Libel & First Amendment
   * (1964)—applied national law of libel that protected speech regarding public figure. Before this case, libel had been left to states, but states falling in line with Coleman v. McLennan (1908), which allowed unlimited criticism of public officials, except where the publisher employed "deliberate falsehood and malice."
2. b Overbreadth Doctrine
   * (1966), overbreadth doctrine invoked against GA assembly refusing to seat Julian Bond, given his antiwar sentiment.
3. c Aid to School
   Had upheld a form of state aid in (1947) and under the * (1923) case, taxpayers lacked standing to challenge the government's disposition of its tax revenues.
4. d The Right to Privacy
   Griswold case. wrote the opinion. Didn't want use , because of its association with liberty of contract and substantive due process. So he used **. "The amendments 'have penumbras, formed by emanations from those guaranteed that help give them life and substance." These emanations together form a constitutionally protected right of privacy; and no privacy could be more sacred, or more deserving of protection from intrusion, than that of the marital chamber.
5. e Search and Seizure
   Do apply to the states in (1961). Many states had already adopted the Case's "exclusionary clause," cannot use evidence seized without a warrant, or proper warrants.

5 Multiple Choice Questions

1. Self-Incrimination
   
   
   1. More progressive police departments embraced. * said "court rules do not cause crime." Some retreat. Could confession and many still did.
   2. More ** in getting confessions and developing evidence.
   1. Harlan
      Black
   2. Brown
      Andrews
   3. Ramsey Clark
      care
   4. McCollum
      Zorach
2. The Right to Counsel
   The Court took the unusual step of applying * retroactively, so that states that had not originally provided counsel in felony cases now had either to retry the defendant properly, or, as often proved the case, with witnesses dispersed and evidence cold, let them go.
   1. Gideon
   2. Kennedy
   3. ...
   4. Sixth
3. Religion
   Douglas dissented against and *, said blue laws from 4th Comandment and not Constitution. "Where is the compelling state interest in such laws, " he asked.
   1. Harlan
      Black
   2. McGowan v. Maryland
   3. Brown
      Andrews
   4. McGowan
      Braunfeld
4. The Religion Clauses
   The * is the first of several pronouncements in the First Amendment to the United States Constitution, stating, "Congress shall make no law respecting an establishment of religion".
   
   Together with the ** ("... or prohibiting the free exercise thereof"), these two clauses make up what are called the "religion clauses" of the First Amendment.
   1. Fifth
      Sixth
      Red Scare
   2. Douglas
      liberty clause
      Bill of Rights
   3. Flast v. Cohen
      child benefit theory
   4. Establishment Clause
      Free Exercise Clause
5. Libel & First Amendment
   * (1942)—fighting words
   1. Stanley v. Georgia
   2. Chaplinsky v. New Hampshire
   3. Epperson v. Arkansas
   4. Bradfield v. Roberts

5 True/False Questions

1. Brandeis's
   Olmstead v. US → Search and Seizure
   Do apply to the states in (1961). Many states had already adopted the Case's "exclusionary clause," cannot use evidence seized without a warrant, or proper warrants.

   True        False

2. Engel
   Schempp → Prayer and Bible-reading largely an Eastern and Southern experience. Only about 1/3 of the schools in Midwest engaged in it, and only about 1/6th in West. After and *, prayer and Bible-reading pretty much vanished from schools in East and West, continued in more muted form in the Midwest, but affirmed throughout much of the South. S. Carolina superintendent of education told his school boards to ignore Schempp, and Gov. George Wallace of Alabama threatened to stage a 'pray in' at public schools. Even more objection in the South on prayer issue to the Warren Court than on civil rights decisions, some polls suggested

   True        False

3. Fifth
   Sixth
   Red Scare → Self-Incrimination
   and Amendment cases drew even more criticism from the Court. is the Great Right, no one should be compelled to testify against herself. Part of received common law from England. Came under attack in *** of 1918-1919 and McCarthy Era of early 1950s.

   True        False

4. Goldberg
   Ninth → The Right to Privacy
   1. , joined by Brennan and Warren, concurred, relying on the Amendment, protect those non-enumerated rights. said right to privacy predated the Constitution. Stewart dissented, but said "silly law." Black and no right of privacy. Harlan concurred, going to substantive due process. Court must interpret due process and equal protection in light of the times.

   True        False

5. Justice Black
   Justice Frankfurter → Demise of the "balancing test," almost
   A. Absolute—* (almost complete protection)
   B. Balancing—** (more deferential to the interests of the state)

   True        False