5 Written Questions
5 Matching Questions
- Gideon v. Wainwright
- Commercial speech
- Planned Parenthood v. Casey
- New York Times v. Sullivan
- Roe v. Wade
- a 1964 this case established the guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made with "actual malice" and reckless disregard for the truth.
- b 1963 supreme court decision holding that anyone accused of a felony where imprisonment may be imposed, however poor he or she might be, has a right to a lawyer.
- c 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.
- d communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.
- e 1992 case in which the supreme court loosened its standard for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints of a "fundamental right" to one of "undue burden" that permits considerably more regulation.
5 Multiple Choice Questions
- 1971 Supreme Court decision that established that aid to church related schools must have a secular legislative purpose; have a primary effect that neither advances nor inhibits religion; and not foster excessive government entanglement with religion.
- the constitutional amendment that forbids cruel and unusual punishment, although it does not define this phrase. Through the fourteenth amendment, this bill of rights provision applies to the states.
- the legal constitutional protections against government. Although our civil liberties are formally set down in the bill of rights, the courts, police and legislatures define their meaning.
- a government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States according to the first amendment and as confirmed in the 1931 case of Near v. Minnesota.
- 1962 Supreme Court decision holding that state officials violated the first amendment when they wrote a prayer to be recited by New York's schoolchildren.
5 True/False Questions
Zelman v. Simmons Harris → 2002 Supreme Court decision that upheld a state providing families with vouchers that could be used to pay for tuition at religious schools
Red Lion Broadcasting Company v. FCC → 1974 case in which the Supreme Court held that a state could not force a newspaper to print replies from candidates it had criticized, illustrating the limited power of government to restrict the print media.
McCleskey v. Kemp → 1987 Supreme Court decision that upheld the constitutionality of the death penalty against charges that it violated the fourteenth amendment because minority defendants were more likely to receive the death penalty than were white defendants.
Miami Herald Publishing Company v. Tornillo → 1969 case in which the Supreme Court upheld restrictions on radio and television broadcasting. These restrictions on the broadcast media are much tighter than those on the print media because there are only a limited number of broadcasting frequencies available.
Symbolic speech → nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.