5 Written questions
5 Matching questions
- New York Times v. Sullivan (1964)
- Brown v. Board of Education of Topeka, KA (1954)
- Schenck v. U.S. (1919)
- Gideon v. Wainwright (1963)
- Reno v. ACLU (1996)
- a The Sixth Amendment 's guarantee of counsel is a fundamental right, and through the Due Process Clause of the 14th Amendment, this made it applicable to states, which now had to provide an attorney if a defendant couldn't afford one.
- b Federal law designed to prohibit "indecency" on the internet was unconstitutional.
- c Segregation in SCHOOLS is a violation of the 14th amendment, because separate is inherently unequal. This was the beginning of the end for all forms of state-maintained racial separation.
- d Libel case-writer did it with intent to defame-knew it was false-wrote it with malicious intent. Public officials/figures have less privacy rights.
- e Congress has the right to prohibit speech that causes a "clear and present danger." During wartime, utterances tolerable in peacetime can be punished.
5 Multiple choice questions
- Regulating interstate commerce is a power reserved to the federal government. Established the importance of Congress' Commerce Clause.
- Outlawed Missouri Compromise. Denial of slavery was a 5th amendment property violation. Because African-Americans were NOT considered citizens, they were not protected.
- NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.
- Abortion rights fall within the privacy implied in the 14th amendment; established the three trimester standard for abortion procedures.
- This established a three-part test by which governments can determine if their actions violate the Establishment Clause of the constitution: is the Law clearly secular, does neither prohibit nor inhibit religion, and is there excessive gov't. entanglement.
5 True/False questions
Miller v. California (1973) → Ruled that obscene materials did not enjoy First Amendment protection. Modified the test for obscenity, holding that "[t]he basic guidelines for the trier of fact must be: (a) whether 'the average person, applying contemporary community standards' would find that the work, taken as a whole, appeals to the prurient interest. . . (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value."
Gregg v. Georgia (1976) → Death penalty is not "cruel and unusual punishment" in extreme cases such as murder.
Palko v. Connecticut (1937) → The court determined that although the Constitution does not explicitly protect a general right to privacy, collectively the 1st, 3rd, 4th and 9th Amendments create a penumbras that do imply a protected right to privacy in the U.S. Constitution.
Griswold v. Connecticut (1965) → The court determined that although the Constitution does not explicitly protect a general right to privacy, collectively the 1st, 3rd, 4th and 9th Amendments create a penumbras that do imply a protected right to privacy in the U.S. Constitution.
Miranda v. Arizona (1966) → Applied the exclusionary rule (evidence seized illegally cannot be used in court) to the state courts.