Chapter 4 Terms and Cases
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| show | The legal constitutional protections against government.
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| show | The first 10 Amendments to the Constitution, which define such basic liberties such as freedom of religion, freedom of speech, and press and guarantee defendants' rights.
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| show | The 1833 SCOTUS decision holding that the Bill of Rights restrained only the national government, not the states and cities.
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| Gitlow V. New York | show 🗑
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| Fourteenth Amendent | show 🗑
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| Doctrine of Incorporation | show 🗑
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| Establishment Clause of Freedom of Religion | show 🗑
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| Free Exercise Clause of Freedom of Religion | show 🗑
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| Lemon V. Kurtzman | show 🗑
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| Zelman V. Simmons-Harris | show 🗑
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| show | The 1962 SCOTUS decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.
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| show | A 1963 SCOTUS decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the First Amendment.
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| Employment Division V. Smith | show 🗑
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| Prior Restraint | show 🗑
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| Near v Minnesota | show 🗑
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| show | 1919 decision upholding the conviction of a socialist ho had urged young men to resist the draft during WWI. Just. Holmes declared that government can limit speech if the speech provokes a "clear and present danger' of substantive evils
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| show | It forbade advocating the violent overthrow of the American government. McCarthy used this to persecute people they thought were subversive.
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| show | Smith Act got a more narrow interpretation and in later years these acts actually made it permissible to advocate for the violent overthrow of the government in the abstract but not to actually incite anyone to lawless action
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| Branzburg v. Hayes | show 🗑
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| Zurcher V. Stanford Daily | show 🗑
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| show | 1957 SC decision ruling that obscenity is not within the area of constitutionally protected speech or press
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| show | 1973 SC decision that avoided defining obscenity community standards (average people) should be used to determine if something is obscene such as appealed to a prurient interest in sex or is patently offensive and lacking in value.
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| show | libel-publication of false or malicious statements that damage someone's reputation
slander-spoken defamation whereas libel is written
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| New York Times v Sullivan | show 🗑
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| show | SC ruled in favor of magazine in that the press can go pretty far to parody or lampoon a public figure.
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| Symbolic speech | show 🗑
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| show | 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 SC
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| show | 1974 case in which the SC held that a state could not force a newspaper to print replies from candidate it had criticized, illustrating the limited power of government to restrict the print media
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| show | 1969 case in which the SC upheld restrictions on radio and TV broadcasting. These restrictions on the broadcast media are much tighter than those on the print media bc there are only a limited number of broadcasting frequencies available
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| show | SC protected the right to assemble peaceably in this 1958 case when it decided the NAACP did not have to reveal its membership list and thus subject its members to harrassment
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| show | 2nd Ammendment protects an individual right to possess a firearm unconnected with service in a militia and to use that arm for traditionally lawful purposes such as self defense within the home.
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| show | the situation occurring when the police have reason to beliee that a person should be arrested. In making the arrest, police are allowed legally to search for and seie incriminating evidenc
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| search warrant | show 🗑
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| show | 1961 SC decision ruling that the 4th amendment's protect ionagainst unreasonale searches and seizures must be extended to the states as well as to the fed gov
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| show | trial if it was not constitutionally obstained
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| Miranda v Arizona | show 🗑
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| show | anyone accused o a felony where imprisonment may be imposed however poor has a right to a lawyer
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| Hamdan v Rumsfeld | show 🗑
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| show | right to challenge their detention before a judge or other neutral decision maker
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| Gregg v Georgia | show 🗑
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| show | 1987 SC decision that upheld the constitutionality of the death penatly against charges that it violated the 14th Amm. nc minority defendents wer more likely to receive death pen.
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| Griswold b Connecticut | show 🗑
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| Planned Parenthood v Casey | show 🗑
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