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AP Government
Review
| Term | Definition |
|---|---|
| Determined that the Federal Bill of Rights does NOT apply to the state governments | Barron v. Baltimore |
| Established clear and present danger test limiting free speech-can't yell fire in the theater. Standard has changed over time-more lenient now. | Schenck v. United States |
| Began the incorporation doctrine with free speech. Communist on the street corner handing out socialist "left wing" propaganda. | Gitlow v. New York |
| Newspapers are protected from prior restraint | Near v. Minnesota |
| Double jeopardy is NOT a fundamental right under the 14th due process clause. Murder case tried first and got 2nd degree conviction with life in prison, tried again and got first degree and sentence to death. Later case the SC decided it was fundamental. | Palko v. California |
| Obscenity NOT protected under the Constitution as freedom of press of speech | Roth v. United States |
| Association protected under 1st assembly | NAACP v. Alabama |
| Established exclusionary rule-police must obey the law when enforcing the law | Mapp v. Ohio |
| No school-initiated prayer allowed in public schools | Engel v. Vitale |
| No mandatory bible reading in schools | School District of Abington Township, Pennsylvania v. Schempp |
| Prohibited states from banning the teaching of evolution | Epperson v. Arkansas |
| Lawyer fundamental right under the due process clause of the 14th amendment if tried for a felony that could result in prison term | Gideon v. Wainwright |
| Public officials and public figures not as protected as ordinary citizens under libel and slander laws. Must prove damaging statements were made with actual malice intended and reckless for truth. Very hard to do. | New York Times v. Sullivan |
| If arrested must be read rights-self incrimination and right to a lawyer | Miranda v. Arizona |
| Radio and television more restricted than newspapers and magazines because only limited number of frequencies. Have to give candidates time on air | Red Lion Broadcasting Company v. Federal Communications Commission |
| Newspapers cannot be forced to print replies from political candidates to reply to the newspapers criticisms. | Miami Herald Publishing Company v. Tornillo |
| Established guidelines for government aid to parochial schools-secular purpose, can't promote religion, no excessive government entanglement. Used establishment clause | Lemon v. Kurtzman |
| Pentagon papers stolen could be published-no prior restraint of news stories but can sue after it damage. Showed how strongly the SC felt about the freedom of the press | New York Times v. United States |
| Set guidelines for obscenity-must be based on community standards | Miller v. California |
| Established privacy using the 9th amendment. Issues-right to use contraceptives | Griswold v. Connecticut |
| Used right to privacy to establish right of women to abort through the first 6 months | Roe v. Wade |
| Can forbid the use of state funds for abortions (unless the mother's life is in danger and if the pregnancy is over 20 weeks long) | Webster v. Reproductive Health Services |
| Allowed some minor restrictions by states on Roe v. Wade-24 hour waiting period, minors having to notify parents, counseling | Planned Parenthood v. Casey |
| Press NOT protected from search warrants under freedom of the press | Zurcher v. Stanford Daily |
| Death penalty is constitutional-not cruel and unusual punishment | Gregg v. Georgia |
| Upheld death penalty eben though more minorities are executed proportionally than whites | McClesky v. Kemp |
| Upheld and defined symbolic speech-flag burning | Texas v. Johnson |
| States can restrict religious practices as long as the primary purpose isn't to restrict religion-peyote use in Oregon. For rid of "compelling interest" standard | Employment Division v. Smith |
| School districts can impose random drug tests on students involved in extra curricular activities | Board v. Pottawatomie |
| Struck down a federal ban of virtual child pornography | Ashcroft v. ACLU |
| Banned use of death penalty for mentally retarded | Atkins v. Virginia |
| Public money can be used to send disadvantaged children to religious school in tuition voucher programs | Zelman v. Simmons-Harris |
| Granted privacy to gay couples, over-turning Bowers v. Hardwick, 1986 and all state anti-sodomy laws. Gave confidence in asking for gay marriage rights | Lawrence v. Texas |
| Incorporates the 2nd amendment | McDonald v. Chicago |
| Taxing national bank, necessary and proper clause, bank is constitutional and taxing it is not | McCulloch v. Maryland |
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