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| In this court case the Court overturned the conviction of a woman for the possession of obscene materials. Police found pornographic books in her apartment after searching it without a search warrant and despite her refusal to let them in. |
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| In this court case the Court held that if a person is accused of a felony and cannot afford an attorney, an attorney must be made available to the accused person at the government's expense. |
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| In this case the Supreme Court overthrew a Connecticut law that effectively prohibited the use of contraceptives, holding that the law violated the right to privacy. |
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| In this court case a man by the name of Ernesto was arrested and charged with kidnapping and rape of a young woman. After 2 hours of questioning, Miranda confessed and later convicted. Miranda's lawyer appealed his conviction, arguing that the police had never informed Miranda that he had a righ to remain silent and right to represented by counsel. |
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| The United States Supreme Court, in this case, accepted the argument that the laws against abortion violated "Jane Roe's" right to privacy under the Constitution. |
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| In this case, Chief Justice Warren Burger created a formal list of requirements that must be met for material to be legally obscene. (1) the average person finds that it violates contemporary community standards; (2) the work taken as a whole appeals to prurient interest in sex; (3) the work shows patently offensive sexual conduct; (4) the work lacks serious redeeming literary, artistic, political, or scientific merit |
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| In this case the Court ruled that direct state aid could not be used to subsidize religious instruction. The Court in the Lemon case gave its most general pronouncement on the constitutionality of govt. aid to religious schools, stating (1) that the aid had to be secular (nonreligious) in aim, (2) that it could not have the primary effect of advancing or inhibiting religion, and (3) that the government must avoid "an excessive government entanglement with religion." |
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| The restraints on actions of government against individuals |
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| What group of individuals must prove to a greater extent actual malice than an average person? |
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| the view that most of the protections of the Bill of Rights are incroporated into the Fourteenth Amendment's protection against state government actions. |
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| Part of the 1st amendment "Congress shall make no law respecting an establishment of religion"; was designed to create "a wall of separation of Church and State." |
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| Allows a person to hold any religious belief that he or she wants, or can have no religious belief. When, however, religious practices work against public policy and the public welfare, the government can act. |
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| Restraining activity before that activity has actually occurred |
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| Articles of clothing, gestures, movements, and other forms of nonverbal expressive conduct |
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| Is symbolic speech protected by the 1st amendment? |
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| Such speech is given substantial protection today by our courts. In the court case Texas v. Johnson the Supreme Court ruled that state laws that prohibited the burning of an American flag as a part of a peaceful protest also violated the freedom of expression protected by the 1st amendment. |
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| Usually defined as advertising statements. |
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| Is commercial speech protected by the 1st amendment? |
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| Yes, however Supreme Court justices use certain guidelines to ensure the validity of advertising statements which include: (1) seeks to implement substantial government interest (2) directly advances that interest, and (3) goes no further than necessary to accomplish its objective. |
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| Formulated by Chief Justice Oliver Wendell Holmes; says that expression may be restricted if evidence exists that such expression would cause a dangerous condition. |
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| defined as wrongfully hurting a person's good reputation |
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| defamation of character through speech |
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| Defamation of character through writing ( or in pictures, signs, films, or any other communication that has the potentially harmful qualities of written or printed words) |
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| a person accused of slander/libel must be guilty of either knowledge of its falsity or a reckless disregard for the truth |
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| orders that restricted the publication f news about a trial in progess or even aa pretrial hearing to protect the accused's right to a fair trial. |
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| Prohibited the admission of illegally seized evidence at trials in federal courts. |
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