Shared Flashcard Set


Con. Rights and Liberties
Political Studies
Undergraduate 3

Additional Political Studies Flashcards




Marbury v. Madison
  • Marbury wants federal judgeship he was appointed under Judiciary Act
  • Court rules Judiciary Act unconstitutional
  • Establishes judicial review
Lemon v. Kurtzman
  • Question of whether state aid can fund private schools for secular subjects
  • Court decides they should have power over religious issues so candidates are not taking sides
  • Lemon test established:
  • Legislation must have secular purpose
  • Cannot advance or inhibit religion
  • Cannot foster excessive entanglement w/ religion
  • Court rules this program causes entanglement
  • Dissent: Why add entanglement to test?
  • Legislative purpose is secular and this only punishes private school kids
Cooper v. Aaron
  • Arkansas Governor doesn't want to desegregate schools
  • Court rules that their interpretation of Constitution is supreme law of land
  • If anyone opposes Constitution it makes it a mockery
Lujan v. Defenders of Wildlife
  • US funds development in Egypt and Sri Lanka
  • Women claim it will hurt endangered animals in those countries
  • Court rules they do not have standing:
  • Must be a injury
  • Must be relation between injury and action
  • Must be redressable by end of action
  • Animal, ecosystem, and vocational nexuses
Barron v. Baltimore
  • Man's dock is destroyed by government development in the river
  • Claims he deserves damages because the government cannot take private property w/ out compensation
  • Court rules the Constitution does not govern state actions
Palko v. Connecticut
  • Man is tried and found guilty of second degree murder
  • Court realizes error and has new trial in which he is found guilty of first degree murder
  • Man says double jeopardy
  • Court rules they are not trying to bring trial after trial against him, just fix an error
  • State issue
Adamson v. California
  • California statute allows refusal to testify on own behalf to be a evidence of guilt
  • Man says this violates 5th Amendment self-incrimination
  • Court rules it does not apply to state courts
  • Not incorporated
  • Dissent: Black loves incorporation
Duncan v. Louisiana
  • Man requests jury trial in battery trial and is denied because maximum sentence does not meet requirements
  • Argues that crimes punishable by two years in jail get jury trials under 6th and 14th
  • Court rules right to jury trial is a basic fundamental right to protect accused from government abuse
  • Anything two years or more is serious crime
  • Duncan deserved trial
Near v. Minnesota
  • Publication accuses officials of corruption
  • Government shuts publication down
  • Court rules freedom of press is broad and paper is protected
  • Not causing force and not obscene
  • Press can rarely be suppressed except in extreme circumstances
New York Times v US
  • Pentagon Papers published and government stops it
  • Court rules violation of First Amendment
  • Press is there as a check on government
  • Free press can expose deception (Black)
  • Burger dissent: Completely free press can interfere w/ government and Court needed more time to study these implications
Branzburg v. Hayes
  • Reporters refuse to testify about crimes they uncover while investigating
  • People may be unwilling to talk to them after confidence is broken
  • Court rules freedom of press does not protect every single burden to press
  • Dissent: Press is relied on to enlighten the people so it is important for society
  • This just weakens press
Hustler Magazine v. Falwell
  • Hustler publishes ad about Jerry Falwell and his mom
  • Falwell claims ad is so outrageous that it is not protected
  • Court rules ad was protected
  • Outrageous is too hard to define and gives Court too much leniancy
  • Public figures have less protection from ridicule
Morse v. Frederick
  • Kid holds up bong hits for jesus at school event after not coming to school
  • Court rules he was at school and principal was right in enforcing school rules
  • Different rules apply at school
  • Kid admits banner was nonsense and not political speech and nonsense not protected
Adderley v. Florida
  • Students march to jail to protest large number of minority friends arrested
  • Sheriff tells them they are obstructing jail functions and to move
  • Everyone who doesn't move gets arrested
  • Court claims they had no right to protest in a location which hindered government functions
  • No history of people protesting there ever
  • Not arrested for speech, only location
Cohen v. California
  • Fuck the draft jacket worn at courthouse
  • Court rules it is protected
  • Not fighting words and not directing speech at anyone
  • Unwitting viewers doesn't make illegal
  • State can't cleanse public debate of every offensive word
  • Dissent: Falls in w/ Chaplinsky
US v. Stevens
  • Law outlaws production or sale of animal cruelty videos to help prevent animal cruelty
  • Court rules animal cruelty is illegal but videos are free speech
  • Statute was too broad
  • Dissent: Law was to prevent violence, not suppress speech
  • Similar to child porn case
Tinker v. Des Moines
  • Kids wear black armbands to school in protest and get suspended
  • Court rules armbands are acceptable speech
  • First Amendment Rights not sacrificed at school
  • Fear of disturbance is not enough to overcome freedom of expression
  • Dissent: Teachers and students cannot say whatever they want in class
  • Students are there to learn, not teach
Hurley v. Irish-American GLB Group of Boston
  • Private group has permit to have Irish pride parade in Boston
  • Gay group wants to march but council says no because it is not in line w/ their message
  • Court says they are not allowed to march
  • Private group cannot be forced to convey message against their will
Texas v. Johnson
  • Johnson steals flag and proceeds to burn it outside RNC
  • State law prohibits flag burning
  • Court rules flag burning is protected symbollic speech
  • Some symbollic speech can be prohibited but this was causing no outside harm
  • O' Brien test
US v. O'Brien
  • Man burns draft card in war protest and is convicted
  • He argues it is protected symbolic speech
  • Court rules there is not a limitless amount of action that can be considered speech
  • Government has an interest in selective service cards because Congress has a right to raise an army
Boy Scouts of America v. Dale
  • Boy Scout leader becomes gay activist and is removed from Scouts because this is contrary to Boy Scout values
  • Court rules that having a gay activist is the club conflicts with message
  • Associations do not have to associate only to dispute message for them to be protected from that message
  • Boy Scouts have right to prevent leaders from discussing matters of sexuality
  • Dissent: Handbook does not expressly say anything about sexual orientation
  • It says issues of sex should be directed to parents
Rumsfeld v. FAIR
  • Solomon Amendment says schools must allow military recruiters or lose funding
  • FAIR argues this denies schools First Amendment Rights
  • Schools will be associated with don't ask don't tell policy of military
  • Court rules Solomon is constitutional
  • Law school's message isn't interfered with by recruiters
  • Students have no way of knowing if law school supports message if it was put on undergrad campus only
Chaplinsky v. New Hampshire
  • Jehovah's Witness yells offensive things at Rochester public official after being escorted after a disturbance while he was lawfully speaking
  • Court rules that fighting words are not protected
Hill v. Colorado
  • Law makes it illegal to come within 8 feet of a person entering a health care facility to pass a leaflet or protest
  • Court rules constitutional
  • Dissent: not content neutral
Gitlow v. New York
  • Socialist advocates overthrow of government by circulating a paper
  • He is convicted and paper shut down
  • Court rules this is constitutional
  • Advocating overthrow of government is so dangerous to the general welfare that it can be policed
  • Spark can create a sweeping fire
  • Dissent: it was more theory and not going to be acted upon
  • Free speech means every belief should have a chance to have their way
Schneck v. US
  • Man sends military eligible men leaflets telling them the draft is unconstitutional and they should assert their rights
  • Court rules document would not have been sent if it wasn't intended to have effect
  • Action and intent are same and this creates clear and present danger in a time of war
  • Conviction is upheld
Dennis v. US
  • Men are convicted of organizing, teaching, and advocating the overthrow of gov't
  • Court upholds conviction
  • Overthrow of government is a big enough issue for government to suppress speech
  • Clear and present danger as they intended to overthrow government as speedily as possible
  • Dissent: Not charged w/ attempting to overthrow government, only assembled to discuss how to do so
Barenblatt v. US
  • Professor refuses to answer questions in Congress about his membership in Communist party on First Amendment grounds
  • Court rules gov't interest in Communist party outweighs First Amendment rights
  • House Un-American Committee needs to be able to investigate to do its job and public interest outweighs man's rights
  • Congress needs to be able to investigate to legislate on Communist activity
Brandenburg v. Ohio
  • Ku Klux Klan leader says they will get back at US gov't
  • Court rules advocating force is legal as long as it doesn't produce the action
  • Douglas: we should get rid of clear and present danger
Everson v. Board of Education
  • Man claims giving money back to private school students for bus fares through tax payer money violates Establishment Clause
  • Court rules it does not
  • Establishment Clause prevents tax funds from supporting an institution which teaches faith and prevents the state from hampering religion
  • Neither of these are in violation by bus policy
  • Must be careful to not prohibit all citizens from receiving benefits becaus of religious beliefs
School District of Abington Township v. Schempp
  • Laws allow Bible reading and daily recitation of Lord's Prayer in schools
  • Students were allowed to excuse themselves from these with parental permission
  • Court rules unconstitutional
  • Law must have secular purpose and neither advance or inhibit religion
Wallace v. Jaffree
  • Moment of silence held before school begins for prayer in Alabama
  • Court rules it has no secular purpose and thus violates the Lemon test
  • Concurrance: Some states a moment of silence would be upheld but Alabama's is clearly for prayer
Lee v. Weisman
  • Rabbi is invited to give non-denominational prayer at graduation
  • Father claims violation of Establishment Clause
  • Court rules principal controlled content because he gave the Rabbi a pamphlet which violates entanglement part of Lemon test
  • Students may feel coerced to participate even if they don't want to
  • Souter concurrence: state isn't needed to confirm beliefs. Students can pray after ceremony if they want
  • Dissent: Court has overstepped boundaries and cannot understand coercion and psychology
Van Orden v. Perry
  • Statue of 10 Commandments is outside Texas State House
  • Man says violates Establishment Clause
  • Court says no
  • Governmental significance
  • State must respect religious heritage of people
  • Commandments can be found all over Washington
  • Breyer: Been there 40 years and represents ideals of Texas
  • Dissent: Sole function is to display commandments
Santa Fe Ind. School District v. Doe
  • School allows students to vote on prayer before football games
  • Court rules violation of Establishment Clause
  • Majority will override and silence minority
  • School will be percieved as promoting religious message
  • Dissent: There was never a chance to let students vote and see if it would have served religious purpose
Zelman v. Simmons Harris
  • Cleveland students can get tuition voucher to go to private schools
  • 96% of students pick religious schools
  • Court rules not violation of Est. Clause
  • Students are picking religion so it is only supporting religion because of choice
  • Dissent: Money is not enough to go to non-religious private schools which prevents true choice
Elk Grove Unified School District v. Newdow
  • Man says his daughter saying "under God" in pledge is violation of First Amendment
  • Court rules he has no standing
New York Times v. Sullivan
  • Sullivan claims he was libeled by New York Times when they published an ad criticizing him with errors in it
  • Court rules that errors were not made with malice and therefore he is not awarded damages
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