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Definition
| Double Jeopardy (Palko lost, did not get double jeopardy incorporated into states) |
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Definition
| Double jeopardy incorporated into states. |
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| Clear and Present Danger (Freedom of speech, must present clear and present danger to be illegal) |
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Definition
| Bad Tendency--people in the future may be influenced by speech or writing. |
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| Preferred Freedom of Speech |
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Definition
| The courts would rather keep freedom of speech intact than closely analyze every single case. |
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| Must present a problem RIGHT NOW. |
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| Made burning US flag in protest legal. |
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Term
| West Va. State Board of Ed V. Barnette |
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Definition
| Government cannot force people to take the pledge of allegiance. |
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Term
| Tinker V. Des Moines Sch. Dist. |
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Definition
| Wearing armbands to protest Vietnam war deemed legal bc it did not disrupt learning. School uniforms. |
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Term
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Definition
| NY times told not to publish leaked pentagon documents. Times takes case to supreme court and wins. |
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Term
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Definition
| SLAPS test (Serious Literary Artistic Political or Scientific value according to community) |
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Term
| Everson V. Board of Ed. of NJ |
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Definition
| Bus case (state funded school buses giving rides to private school kids) |
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Term
| Pierce V. Society of Sisters |
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Definition
| Child Benefit Theory (If it benefits the child, it is acceptable. Private schools must meet state standards) |
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Term
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Definition
Lemon test. If what the state is doing for the church is legal.
1. clear secular purpose?
2. neither promote nor inhibit religion?
3. no excessive entanglement/involvement |
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Term
| Santa Fe Sch. Dist. V. Doe |
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Definition
| Prayer at football game. Forum was not defined. |
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Term
| Sch. Dist of Abington V. Schempp |
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Definition
| No mandatory prayer, no state sponsored prayer. |
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Term
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| Ark. passes law forbidding teaching of evolution. Supreme ct declares law unconstitutional. |
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Term
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| Cannot display ten commandments in government buildings/schools. |
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| Can't force amish kids to go past 8th grade. |
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Term
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Search and Seizures--Warrant must be
1)Granted by a judge 2)have probably cause 3)contain specifics 4)officer must take oath. |
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Term
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Exclusionary rule (evidence seized illegally) Exceptions: 1) In plain sight
2)inevitable discovery 3)in hot pursuit 4)in good faith. |
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| Criminal court process (right to a speedy and public trial and an impartial jury) |
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Term
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Definition
| Right to a lawyer incorporated |
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Definition
| Right to trial by jury in civil case |
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| Bail, cruel and unusual punishment. State cannot mandate capital punishment for any crime. |
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| Rights retained by the people (marriage, education, etc.) |
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| Brown V. Board of education |
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Definition
| Integration (overturns Plessey; Separate is NOT equal) |
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Term
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Definition
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Term
| Webster V. Reproductive Health Services |
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Definition
| Restrictions to get abortions. |
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