law cases
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
|
|
||||
|---|---|---|---|---|---|
| Sherbert v. Verner (1963) | claim that denial of unemployment benefits to an individual who refused to work on the Sabbath violated the free exercise clause of 1st Amendment
difference between right and privilege
ruled that there is no distinction between from a right and a privil
🗑
|
||||
| Wisconsin v. Yoder (1972) | exemption from general laws
should Amish be allowed to be exempted from compulsory education?
is it a parent's traditional right to decide a child's education (a privilege of citizenship due to natural law)
uses the Sherbert test: parent's right vs. co
🗑
|
||||
| Employment Division, Department of Human Resources of Oregon v. Smith (1990) | right to smoke peyote as free exercise of religion?
law which make smoking peyote illegal
Scalia said there was no compelling state interest--not a hybrid case because it does not involve another right (i.e. right of a parent or free speech)
it is a ge
🗑
|
||||
| City of Boerne v. Flores (1997) | church was not allowed to expand the building due to a city ordinance about the buildings of the historic district it was in
the law is general but exemption from this law would not be bad
Scalia concurring: just because an exemption is good does not ma
🗑
|
||||
| Locke v. Davey (2004) | exemption from law and establishment of religion
can state give scholarships to students pursuing religious studies?
Ruling: state constitution says exempt from giving money for religious education, no violation of free exercise or establishment of reli
🗑
|
||||
| Everson v. Board (1947) | school busing for private (Catholic) school
holding: it is consitutional because it is neutral--neither advances nor inhibits religion
accidentally advancing religion is OK
dissent: it is an establishment of religion with de facto benefits
neutrality
🗑
|
||||
| Albington v. Schempp (1963) | prayer and Bible reading in school
these are not neutral and not constitutional
Brennan concurring: our country is more diverse now so the establishment clause means neutrality now
public education must be secular and democratic; devoid of those privat
🗑
|
||||
| Lemon v. Kurtzman (1971) | state aid given to church-related educational institutions
ruled unconstitutional
provided the lemon test: 1) must have a secular purpose 2) neutrality--principle or primary effect must not advance or inhibit religion 3) must not foster"an excessive gov
🗑
|
||||
| Zelman v. Simmons-Harris (2002) | are school vouchers a violation of the 1st Amendment separation of government from religion?
tried to help parents who are paying for schooling without actually giving money to a religious group
the children who could not afford to leave the failing pub
🗑
|
||||
| Elk Grove v. Newdow (2004) | saying pledge of allegiance in school
ruled: a non supreme court issue because the father suing on behalf of his daughter does not have custody of her
dissent: the pledge is constitutional. renquist-historical recognition of our religious past. oconnor-
🗑
|
||||
| Buckley v. Valeo (1976) | campaign finance reform
limiting individual contributions to a campaign is OK, but personal and family expenditures should be left alone
dissent: believed all contributions should not be allowed
both conservatives and liberals did not think that press
🗑
|
||||
| Austin v. Michigan Chamber of Commerce (1990) | restriction on corporation campaign contributions
corporations have an unfair advantage and their views are not popular, they only represent the very wealthy
Scalia asks how there is an exception on media corporations
liberals say it is freedom of the
🗑
|
||||
| Federal Election Committee (FEC) v. Wisconsin Right to Life (2007) | MCain-Feingold act bans candidate ads near the election
what is the distinction between a candidate ad and an issue ad?
ruled: unconstitutional to ban issue advocacy ads
free speech over censorship
🗑
|
||||
| Citizens United v. FEC (2010) | corporations can now donate to campaigns-overturns the Austin case
Thomas-corporations who publish shouldnt have to reveal who they are; they should be able to remain anonymous-important for freedom of speech
🗑
|
||||
| Red Lion v. FCC (1969) | fairness doctrine-diversity of views and representative views; media obligation to community
like FDR New Deal- a scarcity of means (frequencies) so the govt must allocate them
🗑
|
||||
| NLRB v. Gissel (1969) | employer speech-ruled: coercive, a threat of force and retaliatory action-defining coercion more broadly
protecting individual rights by providing equal outcome in speech-meaning stopping corporate speech and allowing more freedom for union speech
🗑
|
||||
| West Virginia v. Barnette (1943) | flag salute case-Jehovah's witnesses said it was free exercise of religion to not worship images, but court ruled that it was freedom of speech-or not to speak
dissent:national unity is national security
but they are not harming anyone else's rights
🗑
|
||||
| Tinker v. DesMoines (1969) | black armband case: a distraction and was banned
ruled: a student right to free speech
🗑
|
||||
| Lamb's Chapel, Rosenberger, and Good News v. Milford | religious groups must not be excluded from public forums, activity funds, and after-hours access to the facilities in public school
🗑
|
||||
| Morse v. Frederick (2007) | "Bong hits for Jesus" case
teacher took down the sign but accused of refusing free speech
court permit taking it down because it promotes illegal drug use
liberal: kids aren't actually saying anything and it isn't a real school event; has to be a threa
🗑
|
||||
| Respublica v. Oswald (1788) | libel is harmful in the same way that attacks on property and rights are harmful; damaged reputation harms your ability to move in society
🗑
|
||||
| US v. Cooper (1800) | spoke against President Adams
judge said that Cooper couldnt prove the charges he made against the President
🗑
|
||||
| NY Times v. Sullivan (1964) | civil rights movement ad in the paper local police office claims it is about him and is libelous
but he cannot prove it is about him because it is not personal; have to prove the speech malicious to prove it libel-meaning a knowledge that the speech was
🗑
|
||||
| Schneck v. US (1919) | socialist charged with violating the Espionage Act of 1917 because he printed leaflets in opposition to US involvement in WWI not about sedition but a law against criminal advocacy. citizens who have agreed to obey the laws must share in the common defens
🗑
|
||||
| Gitlow v. New York (1925) | broke law against overthrowing government (criminal anarchy) anything tending to corrupt public morals, incite crime, or disturb the peace may be prohibitted.
ruled: affirmed previous decision that his action was wrong
founders would say that the law we
🗑
|
||||
| Dennis v. US (1951) | unlawful to advocate criminal violence to overthrow the govt. smith act 1940. "clear and present danger" test from Gitlow. law is too broad because it prohibits legitimate revolts against those who violate rights
🗑
|
||||
| Bradenburg v. Ohio (1969) | right to revolt? advocacy of violence for reform? hypothetically advocating violence not actually training up in violence
court rule the law unconstitutional
🗑
|
||||
| People v. Ruggles (1811) | blasphemy in obscenity
blasphemy offends public peace and safety: blasphemy reviles maliciously the common religion. religion necessary for morality-> morality necessary for freedom. free and decent discussion is distinguished from blasphemy
🗑
|
||||
| Updegraph v. Commonwealth (1824) | blasphemy: debating society-is scripture full of contradictions?
ruled criminal: not allowed to truly discuss within freedom of religion
government should attempt to support religion in general (quotes pagan, Plutarch, to prove not about Christianity)
🗑
|
||||
| US v. Harmon, US District Court, District of Kansas (1891) | obscenity: law prohibited mailings obscene, lewd, or lascivious. test:probable recent effect it will have on the family?-does it destroy the principles of marriage and therefore family: it is impure and libidinization, and minds open to influences
🗑
|
||||
| Memoirs v. Massachusetts (1966) | fanny hill book case: not obscenity but self expression, actually harmful not to explore this
🗑
|
||||
| Roth v. US (1957) | Obscenity: not constitutionally protected, convicted for advertising and selling publication with erotic literature and nude pictures. old test till now Harmon-new test: "prurient interest"? (lustful or sexual);slight redeeming social importance?
🗑
|
||||
| Miller v. California (1973) | Miller-CA obscenity law-mailed unsolicited ads showing nude people engaging in sex, unsatisfied with ROTH, new test: promoting "prurient interest" in work as a whole? patently offensive sexual conduct? lacks literary or other value, is not serious?
🗑
|
||||
| New York v. Ferber (1982) | child porn: harmful to real children, connected with sexual abuse, commerce has less protection than speech and press, minimal social value, evil overwhelms "expressive interest"
🗑
|
||||
| Texas v. Johnson (1989) | flag burning:arrested for breach of peace and flag burning not speech
ruled: expression is protected under speech and press (communication of ideas like speech)
founders would say there is a distinction between actions and words
🗑
|
||||
| Carroll v. US (1925) | 4th amend search and seizure: places distinguished from moving or movable items-warrants required for real estate, movable items don't require a warrant, govt has general search power at international boundaries for national safety.
🗑
|
||||
| US v. Chadwick and Ark v. Sanders | locked footlocker in a car-expectation of privacy
ruled: need a warrant to search because there was a presumption of privacy on his part (locked luggage)
🗑
|
||||
| Mapp v. Ohio (1961) | warrant-less search: exclusionary rule
broke into Mapp's house and seized evidence without a warrant, right to have excluded from trial? applies 4th amend to states through 14th due process apply exclusionary rule to enforce warrants and probable cause.
🗑
|
||||
| Miranda v. Arizona (1966) | asked for a lawyer and was not allowed one: 5th amend self incrimination and 6th right to attorney
ruled:effectively makes law. Miranda rights: right to remain silent, can be used against, to counsel, one provided if cant afford, coercion otherwise
🗑
|
||||
| People v. Croswell (1804) | Croswell accused of libel against Jefferson
malice and intent of the speech must be proved
🗑
|
||||
| Commonwealth v. Blanding (1825) | charged with libel against an innkeeper
must be proved to be malicious or untrue
🗑
|
||||
| Van Orden v. Perry (2005) | ten commandments monument in park around Texas state capitol in Austin, simply promoting a message consistent with a religious doctrine or having some religious content doesnt violate the establishment clause of the 1st amend
🗑
|
||||
| McCreary County v. ACLU of Kentucky (2005) | another ten commandments posting in court house
ruled: govt should be neutral-neutrality principle
🗑
|
||||
| US v. Burger | junk yard search: closely regulated industry has reduced expectation of privacy
ruled: dont need a warrant for stolen body parts because its a closely regulated industry, BUT must have substantial govt interest and must be necessary to regulatory scheme
🗑
|
Review the information in the table. When you are ready to quiz yourself you can hide individual columns or the entire table. Then you can click on the empty cells to reveal the answer. Try to recall what will be displayed before clicking the empty cell.
To hide a column, click on the column name.
To hide the entire table, click on the "Hide All" button.
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
To hide a column, click on the column name.
To hide the entire table, click on the "Hide All" button.
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Created by:
mshowalter
Popular Law sets