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Terms in this set (14)
What was Schenck in violation of when he published his anti-draft pamphlets?
the Espionage Act 1817
what is libel?
the publication of false or defamatory information
what is the New York Times Co. vs. United States famously called?
the Nixon Papers
Explain why the statement "clear and present danger" is impacted by wartime or peacetime situations?
in wartime, the speech could endanger the common good as well as the American people as a whole
in peacetime speech is protected because it is not endangering war efforts
Why is "actual malice" important in determining libel cases?
actual malice means that you are intending to hurt the person by publishing false information
If the words/speech have actual malice then that makes the case libel
Linda Brown and all other African American children were allowed to attend schools with White children because the Supreme Court stated that "Separate but equal" in terms of public education violated the
The legal provision of Equal Protection was used in the Brown v. Board of Education case.
In New York Times Co. v. Sullivan, the New York Times appealed after the state court ruling.
Scott was viewed as property, therefore the Congress could not take him away without just cause.
Lemon v. Kurtzman bans __________ and Griswold v. Connecticuit bans ___________.
gov. funding of religious institutions; banning of employee's use of contraceptives
the outcome of Engel v. Vitale case was that the NY state law was not a violation of the constitution because students were able to absent themselves
FALSE (b/c government funded schools were promoting religion)
The Lemon v. Kurtzman case questioned Maine and Pennsylvania's financial grant to schools with religious education.
The Lemon Test is threefold and details the requirements for legislation concerning religion and education, one being that the statute must not advance nor inhibit religious practice
Griswold v. Connecticut argued over the "right of privacy" when interviewing someone for a job. Potential employees could not be asked what religion they are when being hired for any position.
FALSE (right of privacy: use of contraception drugs must be allowed to employees by employers)
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