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Court Cases/Test 2
Gio Court Cases
| Question | Answer |
|---|---|
| West Virginia State Board of Ed. v. Barnette (Religion) (1943) | -Required that the flag salute be part of the program of activities in all public schools -6 Barnetter, 3 against -Court decision was that compelling public school children to salute the flag was unconstitutional |
| Engel v. Vitale (Religion) (1962) | -Board of Reagents for the State of New York authorizes a short, voluntary prayer at the start of each day of school -6 votes Engel, 1 vote against -Court declared short prayer before school as unconstitutional |
| Lynch v. Donnelly (Religion) (1984) | -Pawtucket, Rhode Island, Christmas display located in the city's shop distict -5 vote Lynch, 4 votes against -did not violate establishment clause -Cannot have one religious display on property by itself |
| Wallace v. Jaffree (Religion) (1985) | -Alabama law allowed teachers to conduct religious prayer services in class -6 votes fro Jaffree, 3 votes against -Court determined that the religious prayer in classroom violated the establishment clause of the constitution |
| Mergens v. Nebraska/Conneticut (Religion) (1990) | -Westside High School denied permission to a group of students to form a Christian club with same privileges and meeting terms as other clubs -8 votes Mergen, 1 vote against -Court said that the club had the right to come together since its not manditor |
| Smith v. Collin (Assembly) (1978) | -National Socialist Party wanted to march in Jewish communities wearing Swastikas -Public did not want to advocate Genocide, Supreme Court heard it as a appeal -Supreme Court said no, no Writ of Certiorai -Skoki, Illinois primarily Jewish |
| Schenck v. U.S. (Speech) 1919) | -During WWI, Schenck discrediting the drafting system -Liberty is clear and present danger of speech -9 votes US, 0 against -Court decided Schenck is not protected by Amendment 1 and Congress has right to prevent such utterances during wartime |
| Gitlow v. New York (Speech) (1925) | Gitlow was arrested distributing "left-wing manifersto", calling for socialism -leads to dangerous violence, defendant will be punished even if no action is taken -US constituion applies to citizens, not just states; personal rights (speech and press) |
| Roth v. U.S. (Speech) (1957) | -Roth operated a book-selling business in New York and convicted of mailing obscene material -6 votes for US, 3 votes against -obscenity not protected in Constitution |
| Miller v. California (Speech) (1973) | Miller, after mass mailing an advertisementt of adult materials, convicted of violation California statue prohibiting distibuting obscene material -5 votes Miller, 4 votes against -Court decided obscene materials did not have 1st Amendment protection |
| New York v. Ferber (Speech) (1982) | -New York pornography law prohibited persons from knowingly promoting sexual performance by children under age 16 by distributing depictions of such performances -9 votes for New York, 0 votes against -child porn not protected |
| Pope v. Illinois (Speech) (1987) | -Determine the obsenity of pornography based off the reactions of average citizens viewing it -Supreme Court (5-4 decision) said that contemporary community standards are not applicable in all states |
| Reno v. ACLU (Speech) (1997) | -Regarded 1996 Communications Decency Act -Supreme Court (9-0) decided Communications Decency Act was vague, and ACLU won, was a federal case |
| Citizens United v. Federal Election Commission (Speech) (2010) | -Ban on contributions to candidates -Court (5-4) held that the First Amendment Quote: "corporate funsing of independent political broadcast and candidate elections cannot be limited |
| Near v. Minnesota (Press) (1931) | -Jay Near attacked local officials charging that they were implicated with gangsters -Court said prior restraint not appropiate (can't do something by Govt. order) -the injunction was unconstitutional, and can be punishable after publicatio |
| N.Y. Times Co. v. Sullivan (Press) (1964) | -Case concerned Martin Luther Kings arrests and if it was a campaign to stop integration and voting of black people -9 votes New York Time, 0 votes against -Supreme Court it has to be deliberately or recklessly false, if not = protected |
| N.Y. Times Co. v. US (Press) (1971) | -Pentagon Papers -Question was whether constitutional freedom of the press, was subordinate to a claim need of executive branch of govt to maintain secrecy -Supereme Court ruled 1st Amend did not protect right of New York Times to print materials |
| FCC v. Pacifica Foundation (Press) (1978) | -A radio station aired George Carlin's monologues containing patently offensive language -5 votes for FCC, 4 votes against -Court decided that civil sanctions can be constitutionally evoke if offensive words dealing with sex and excretion |
| Hudnut v. American Booksellers Association Inc. (Press) (1986) | -Challenges constitutionality of Antipornography Civil Rights Ordinance -Got away using 14th Amendment -Pornography protected by free speech |
| Hazelwood School District v. Kuhlmeir (Press) (1987) | -Raising the issue if you could publish students and challenges they face in school newspaper -Principle decided not to allow school newspaper story -Supreme Court (5-3, 1 not part) decided Principle could decide what could go in school newspaper |
| Hustler Magazine Inc. v. Rev. Jerry Falwell (Press) (1988) | -Story in Hustler Magazine claimed that Falwell, a Fundamentalist minister and political leader, had druken relationships with his mother in an outhouse -8 votes for Hustler Magazine, 0 Against -Court allowed for publication since it was false/nonfactua |
| Amendment 1 facts and misconceptions | -SPARP -Does not protect freedom of religion, but the exercise of religion -no separation of Church and state in it -protects people only from National Legislature |
| Amendment 5 facts and misconceptions | -Nobody deprived of Life, Liberty or Property without Due Process -Only directed at National Govt. -Those born or nationalized in US are US citizens |
| Amendment 14 facts and misconceptions | -No state can make laws abridging privaledges and immunities of citizens -A state cannot deny any person within its jurisdiction of equal protection of the laws |
| Balancing Test (SCOTUS=Supreme Court of the United States) | Uses the lens to evaluate balancing the public interest with individual rights |
| "you cannot shout fire in a crowded theater" means... | freedom of speech is not absolute |
| What does SCOTUS do? | 1) Constitutional interpretation: what does the Constitution mean? 2) Statutory interpretation:what does a statue (law) mean? |
| What is a Supreme Court Decision? Part 1 | -Rule of Four: SCOTUS decides to hear a case -10,000 appeal cases a year: something wronf by lower court decision, 65-70 cases heard by court |
| What is a Supreme Court Decision? Part 2 | Writ of certiora: Supreme Court argues to hear a appeal case -Need 4 Supreme Court Justices to agree on and take on case -Need 5 Supreme Court Justices to make a decision (Rule of 5) |
| writ of habeas corpus | Art. 1, Sec. 8 (Neccessary and Proper Clause) Art. 1, Sec. 9 -need to be shown reason for apprehension by law |
| civil liberties | Areas of personal freedom with which governments are constrained from interfering |
| bill of attainder | law that declares a person guilty of a crime without trial |
| ex post facto law | -one cannot be charged for a crime that was not deemed as a crime before |
| selective incorporation | -Bill of Rights is applied to the states |
| establishment clause/free exercies clause | -1st Amendment clause says that "Congress shall make no law respecting an establishment of religion" -1st Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses |
| -Substantive Liberties -Procedural Liberities | -protects substantive rights of individuals including those in the Bill of Rights -ensures fundamental fairness in all legal and administrative proceeding |
| -"bad tendency" test -"clear and present danger" test | -interpreting the First Amendment allowing govt to infringe upon freedom of speech -test to determine whether speech is prohibited or unprotected |
| Necessary and Proper Clause | he specific powers and duties of the U.S. Congress |
| prior restraint | effort by govt. agency to block publication of material it deems libelous or harmful in some way |
| -libel -slander | -written statement made in "reckless disregard of the truth" -Mergens case -oral statement made in "reckless disregard of the truth" |
| fighting words | speech that directly incites damaging conduct |
| -due process of law -Equal Protection | -right of every citizen against arbitrary action by national/state govt. (Amend. 5) -Amend. 14 |
| exclusionary rule | ability of courts to exclude evidence obtained in violation of the 14th Amendment |
| grand jury | jury determining whether sufficient evidence is available to justify a trial |
| double jeopardy | 5th Amendment right providing that a person cannot be tried twice for the same crime |
| -Miranda rule -Griswold V. Connecticut | -Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel -ruled that the Constitution protected a right to privacy |
| right to privacy | right to be left alone |
| Jus Sali | Born on soil |
| Jus Sanguinis | By blood/by property |
| Groups discrimated against | -blacks, Indians, hispanics, LBGT, Asians, ect. -Social Economic Status (In 20 years, they would be only people discriminated against) |
| Article 1, Section 8 (Necessary and Proper Clause) Article 1, Section 9 | -(Section 8)List things Congress can do -(Section 9)List things Congress cannot do |
| -Rights of the Accused | -Amend. 4,5,6,7,8; Due Process and Legal Rights |
| The Melting Pot | -Refers to our heterogeneous society -We are truly a "tossed salad" |
| The conditions and issues today regarding Asian Americans, African Americans, and Hispanic Americans | Segregation, stereotypes, categories of people are being discriminated against |
| Religion and Presidential Campaigns | -Today, first condition since 1960 we voted based on religion -1960: JFK was Catholic, Today: Mitt Romney Mormon |
| Gender and Disabled Issues and the Supreme Court/Provisions of the Disabilities Act of 1990 | -law that prohibits, under certain circumstances, discrimination based on disability -Casey Martin: Golfer, believes he was discriminated because he had trouble walking to Golf balls |
| -NOW -AIM -NAACP -NRTLC | -National Organization of Women -American Indian Movement -National Association for the Advancement of Colored People -National Right to Life Committee |
| -Roe V. Wade -Webster V. Reproductive Health Services | -14th Amendment extended to a woman's decision to have an abortion -upholding a Missouri law that imposed restrictions on the use of state funds, facilities, and employees in performing, assisting with, or counseling on abortions |
| Gay Rights (Bowers V. Hardwick, Romer V. Evans) and the Supreme Court | -Bowers V. Hardwick: ruled against right to privacy that would protect consensual homosexual activity -Romer V. Evans: Extended civil rights protections to gays and lesbians |
| -The Dred Scott case/decision -Plessy case/decision -Brown case/decision | -federal govt cannot regulate slavery ;non-citizens not protected by Constitution -upholding the constitutionality of state laws under the doctrine of "separate but equal" -separate public schools for black and white students unconstitutional. |
| Strict and Immediate Scrutiny | -Strict Scrutiny: Test in discrimatory cases, places burden of proof on Govt. to show law as unconstitutional; women -Intermediate Scrutiny: Used in gender discrimination cases, places burden on proof on challengers of laws in question; blacks |
| The Civil Rights Act of 1875 and 1964 | -1875: Section 5 (Govt. can send people to check if things are being done right in states) -1964:outlawed major forms of discrimination against racial, ethnic, national and religious minorities, and women |
| The Provisions of the Voting Rights Act of 1965 | -protected voting rights by outlawing literacy and other tests as a condition of voting; preventing gerrymandering |
| Jim Crow Laws, Poll Taxes and White Primaries | All ways to keep blacks from voting |
| -DeFacto Segregation -DeJure Segregation | -Segregation/Discrimination by Fact; most segregated day is Sunday -Discrimination/segregation by Govt. requiree (law) |
| Gerry Mandering | -Drawinf lines for voters for political gains |
| -The Bakke Case/Decision -Affirmative Action | -Bakke wanted to get into medical school However, minority students were accepted -ruled that the admission process of Univ. California unconstitutional -govt. wishes to address injustices against groups by providing them access to education/employment |
| Amendment 1 | SPARP (freedom of speech, press, assembly, religion, and petition to Govt.) |
| Amendment 4 | Right to be secure in ones house, and to prevent unreasonable search and seizure |
| Amendment 5 | Right to not answer for a crime unless o |
| Amendment 13 | Right to slavery |
| Amendment 14 | -Privileges and Immunities of US citizens -Discrimination is disbanded through 14th Amend., Equal Rights, and Due Process |
| Amendment 15 | Right of black men to vote |
| Amendment 19 | Women's suffrage |
| Amendment 24 | Abolishment of poll taxes from interfering with right to vote |
| Amendment 26 | Citizens who are 18 are given right to vote |
| Public Opinion | Those expressed attitudes and beliefs about Govt. and politics |
| Political Socialization | The process by which one acquires a set of beliefs and attitudes about Govt. and politics |
| Theories of Professors Mill, and Dahl | -Mill (Power Elite) I. Mass Public (80%) II. Attentive Public (15%) III. Power Elite/Officials (5%) -Dahl Pluralist theory (40,000 or more groups) |
| Theories of Professors Lane -Primary -Secondary Reference Groups | -Family and schools (virtually face-to-face daily contact) -A secondary group is one you have chosen to be a part of |
| The Effects of Class Occupation and Income on Attitudes and Opinions | -Those wealthier have more benefits, lower class gets less |
| Citizen categories and Party Affiliation (Who are the Democrats/Republicans) | 9-13 (Conservative, primarily processing political socialization) 18-22 (college students; schools liberalizing force) 40-79 (Life makes you conservative) 80 (Liberal) |
| The Reality/Reliability of Political Polling | Polls are good if coming from good organizations; they get info from wide range of people |
| Political benefits of Americans | -right to choose our own parties -right to vote for parties outside our designated ones -choose candidates to elect |
| Interest Groups Political Parties/Pacs and Lobbying basic functions | -All act as a voice of the regular people |
| -Buckley V. Valeo -Federal Election Campaign Act of 1974 | -case in which the Supreme Court deemed you can spend as much as you wanted for own campaign -set limits on contributions by individuals, political parties and PACs |
| The Federal Regulation of lobbying of 1946 | statute enacted by the United States Congress to reduce the influence of lobbyists |
| Why citizens depend on the media | Allows citizens access to info not given by politicans or Govt. |
| What is the Press Today | Press consist of broadcast media (radio and television), print media (newspaper and magazine), and internet |
| Freedom of the Press and the Constitution | SPARP (Speech, Press, Assembly, Religion, Petition to Govt.) |
| Yellow Journalism | type of journalism that presents little or no legitimate well-researched news and instead uses eye-catching headlines to sell more newspapers |
| Red Lion V. FCC | upheld the equal time provisions of the Fairness Doctrine ruling that it was "the right of the public to receive suitable access to social, political, esthetic, moral, and other ideas and experiences" |
| Vietnam and the media | -Media was a instrument Nixon administration to negotiate an end to Americas involvement in the Vietnam War -Portrayed the war as misguided and unwinnable, to remove America from involvemtn |
| Deficiencies in the News Reporting Today | -Travels very slowly -Leaks are disclosed confidential info to news media, originating from political politicians/activists -prominent figures can manipulate it to serve their purposes |
| The Fairness Doctrine | Federal Communications Commission requirement for broadcasters who air programs on controversial issues to provide time for opposing views |
| The Equal Time Provision | Requirement that broadcasters privide candidates for the same political office equal opportunities to communicate their messages to the public |
| "Prior Restraint" Issues | -Media needs to appeal to a public -Not having it can cause national security incedent |
| Perceptions of the Press by the U.S. Public Today | -Some see it as non trustworthy and deceitful |
| limits on the Press Today | -Have to limit censor offensive images, words -Stories are hard to find outside of leaks |
| Media Bias | bias of journalists and news producers within the mass media in the selection of events and stories that are reported and how they are covered |
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