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Government 2-12-13

Government flashcards for test

QuestionAnswer
Shank vs. United States Each specific action will see if there is a clear but present danger by freedom of speech, doesn't allow it to create danger through the clear but present danger
Tinker vs. Des Moines Wearing of black armbands, two don't take armbands off, they are expelled, is this symbolic speech covered in the amendments? Symbolic speech case
Dennis vs. United States 1951 upheld several leaders of the communist party members
Yates vs. United States Smith act could only be applied to those who teach or advocate an action to overthrow the government, rather than a belief
Near vs. Minnesota 1931 prohibits malicious or scandilous magazines
Hazelwood School district vs. Kuhlmeier The court gave the public school administrators wide authority to censor school newspapers and other school sponsored activities
Miller vs. California Court did try to set guidelines for judging whether the set guidelines for judging what her works are obscene
Holmestead vs. United States Speech 1928 wire tapping case. Police and FBI were tapping without a search warrant
Katz vs. United States Speech in 1967 Katz found guilty of conversations in a public phone booth, he thought the conversations should be private even though he was in a public place. He was right but it can be listened to if it is for a national security matter.
Gitlow vs New York First ten amendments are applicable to the states and speech can be restricted if it will lead to an illegal action
Everson vs. Board of education Reasonable for public buses to pick up parochial kids
McCullum vs. Board of education Cannot use public school facility for religious events
Zorach vs. Clauson Instruction was off schoolgrounds, can have timerelase program where kis could leave to practice their religion
Engel vs. Vitale Prayer in school became illegal in 1962
Marsh vs. Chambers Distinguished legislativ prayers and school prayers
Lynch vs. Donnelly 1984 court decided tat the city of Pawtucket, Rhode Island coudn't have a nativity scene inside the main entrance of a county courthouse
Reynolds vs. United States Convicted under federal law of polygamy, having more than one wife is illegal even though it is part of their religion
Wisconsin vs. Yoder Amish children cannot be forced to go to school after 8th grade. 16 years old
Minersville School vs. Gobitis 1940 the law said their kids had to the salute to the American flag or get kicked out of school. Court says its okay to kick kids out of school because they are Jehovahs witnesses and think about things differently
West Virgina vs. Barnette Within three years they reverse the minersville school vs. Gobitis case, 1943 they say that you believe as strongly in what you believe or do you have to be in a church to believe what you do, cant say one thing is political because you dont know for sure
Court opinion Written explanation by a judge or a group of judges that accompanies an order or a ruling of a case
Majority opinion Agreed on by more than half the members of the court
Original jurisdiction Power of the court to hear a case for the first time
Appellate jurisdiction The power of the United States Supreme Court to review decisions and change outcomes of decisions of lower courts.
Concurring opinion an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasoning
Dissenting opinion an opinion that disagrees with the court's disposition of the case.
Created by: AndreaPost