Review Guide for Exam III (Final)
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Preemption | show 🗑
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show | The process by which different protections in the Bill of Rights were incorporated into the 14th Amendment, thus guaranteeing citizens protection from state as well as national governments.
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show | Judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions.
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Slander | show 🗑
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show | A WRITTEN statement made in "reckless disregard of the truth" that is considered damaging to the victim because it in "malicious, scandalous, and defamatory".
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show | Speech accompanied w/ sit-ins, picketing, or demonstrations.Protection of this form of speech under the 1st Amendment is conditional & restrictions imposed by state or local authorities r acceptable if properly balanced by considerations of public order.
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show | Work as a whole must lack: Literary, Artistic, Political, and Scientific Value.
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Roth Principle | show 🗑
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show | Rehabilitation, Deterrence, Incapacitation, Retribution
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show | The police tried to control thousands of nonviolent protesters, including kids, with police dogs; Eugene "Bull" Connor, was Birmingham's Commissioner of Public Safety in 1961 when the Freedom Riders came to town.
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"Strange fruit" | show 🗑
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Voting Rights Act 1965 | show 🗑
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show | Slavery and Involuntary servitude prohibited.
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14th Amendment | show 🗑
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show | Right to vote--- Race, color, servitude.
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19th Amendment | show 🗑
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26th Amendment | show 🗑
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show | (1960's) Organized by the Congress of Radical Equality (CORE), rode through the South seeking integration of the bus, rail, and airport terminals.
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Sit-ins | show 🗑
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Jim Crow Laws | show 🗑
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American Indian Movement | show 🗑
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show | (1890) ended the last of the Indian Wars in America.
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Relocation Camps | show 🗑
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Exclusionary Rule | show 🗑
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Stonewall Inn | show 🗑
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Greenwich Village | show 🗑
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show | The convention was first public gathering in the U.S. to address the rights of women. 240 women in attendance.
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show | -For keeping women from voting
-For owning property
-From having equal access to education and employment
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Don't Ask, Don't Tell Policy | show 🗑
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Defense of Marriage Act | show 🗑
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show | Becomes the country's earliest know gay right organization. Founded by Henry Gerber and founded in 1924.
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Dissenting Opinions | show 🗑
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show | Agree with the majority decision but on different grounds write concurring opinions.
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show | (Rule of Four) Based on the vote of four justices.
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Writ of Certicrari | show 🗑
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show | A preliminary examination of a witness or a juror by a judge or counsel.
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show | The first 10 amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people.
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Standards for Obscenity | show 🗑
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show | Prohibits barbaric forms of punishment. Forbid punishment that is grossly disproportionate to the crime.
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Vinson Court | show 🗑
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show | (1969-1986) Confronted issues of whether death penalty as imposed constituted cruel and unusual punishment. Gregg v. Georgia (struck down capital punishment laws), Fruman v. Georgia (cruel and unusual punishment).
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Warren Court | show 🗑
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show | Overruled Plessy v. Ferguson, Gideon v. Wainwright, and Miranda v. Arizona.
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show | Movement to end employment discrimination in the defense industry & a national civil disobedience campaign to ban segregation in the armed forces.Led by A. Philip Randolph, the nonviolent protest & mass action effort inspired the civil rights movement
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show | (Neal Katyal) Decides which Federal cases to appeal from the lower courts and represents the U.S. government in such cases before the Supreme Court.
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Senator William Borah | show 🗑
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show | Known as the "Great White Chief", Vardaman advocated racism against African Americans. Supporters called themselves "rednecks".
Vardaman supported lynchimg as a method to ensure white supremecy
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Harry Hay | show 🗑
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Henry Gerber | show 🗑
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Cesar Chavez | show 🗑
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Denis Banks | show 🗑
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Eugene “Bull” Connor | show 🗑
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Billie Holiday | show 🗑
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James Meredith | show 🗑
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show | Supported segregation. Well know for his attempt to stop two African Americans from entering the University of Alabama.
"and I say segregation now, segregation tomorrow, segregation forever"
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show | Student murdered for his homosexuality. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act was passed in his name to deal with hate crimes in 2009.
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Lemon v. Kurtzman | show 🗑
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Engel v. Vitale | show 🗑
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Falwell v. Hustler Magazine | show 🗑
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show | United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state or federal courts. Exclusionary Rule
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Brandenburg v. Ohio | show 🗑
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show | Held passing out leaflets encouraging resistance to the draft (during World War 1), could be punished. His "speech" presented a clear and present danger
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show | a landmark United States Supreme Court decision that recognized the freedom of the press by roundly rejecting prior restraints on publication, a principle that was applied to free speech generally in subsequent jurisprudence.
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show | Supreme Court supported arrest for use of "fighting words"
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Cohen v. California | show 🗑
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Jenkins v. Georgia | show 🗑
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show | Established the LAPS test for obscenity. lacking value
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show | Set standard of "Actual Malice". To be slanderous, one must know it is false and have a disregard for the truth
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District of Columbia v. Heller | show 🗑
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show | Congress could ban material, "utterly without redeeming social importance," as obscene. Later changed in Miller v. California
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Miranda v. Arizona | show 🗑
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show | Supported governments rights to ban nudity. Moral upkeep of America and whatnot. Pointed to a long history of rules against indecent exposure
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show | a United States Supreme Court case holding that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment.
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Gideon v. Wainwright | show 🗑
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show | This case presents a serious question concerning the meaning and application of that provision of the Fifth Amendment to the Constitution which declares that no person shall be subject for the same offence to be twice put in jeopardy of life or limb.
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Coy v. Iowa | show 🗑
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Furman v. Georgia | show 🗑
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Roe v. Wade | show 🗑
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show | Affirmed courts approval of the use of the death sentence for deterral and punishment
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Plessy v. Ferguson | show 🗑
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show | struck down segregation. The very nature of being separate make it unequal
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Roper v. Simmons | show 🗑
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show | 15 year old Willie Francis survives first shock in electric chair. Tries to appeal under double jeopardy. Court does not block retry, and he dies a year after first attempt
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Bowers v. Hardwick | show 🗑
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Griswold v. Connecticut | show 🗑
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show | ??????????
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Baltimore City Department of Social Services v Bouknight | show 🗑
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