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Definition
| The right to a fair trial preempts the reporter's right to protect sources |
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| Zurcher v Standford Daily(1976) |
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Definition
| Sustained right of police to obtain a search warrent to search the files of a student newspaper |
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Definition
| Signed by Gov Perry in 2009, provides a qualified privilege for journalists in both civil and criminal cases. A reporter is privileged from testifying in a civil case unless the subpoenaing party shows that the material cannot be obtained from alternative sources. |
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| The court consistently rule that states may protect children from obscenity. Adults may have legal access to the same material |
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| Roth v United States(1957) |
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Definition
| Obscenity is not within the area of constitutionally protected press or speech |
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| Miller v California(1973) |
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Definition
Stated that materials were obscene if the work:
-appeals "to a prurient interest in sex"
-showed "patently offensive" sexual conduct
-lacks "serious literary, artistic, political or scientific value" |
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Definition
| The publication fo false or malicious statements that damage someone's reputation |
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Definition
| The printing of false or malicious statements that damage someone's reputation. |
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| New York Times v Sullivan(1964) |
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Definition
| statements about public figures are libelous only if made with reckless disregard for truth. |
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Term
| Tinker V Des Moines Independent Community School District(1969) |
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Definition
| Wearing the armbands was "closely akin to 'pure speech'" and protected by the first amendment. |
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Term
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Definition
| nonverbal communication, such as burning a flag or wearing an armband - generally protected along with verbal speech. |
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Definition
| Burning the american flag is symbolic speech protected by the First Amendment. |
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Definition
| Burning a flag is protected speech, burning a draft card is not |
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Definition
| communication in the form of advertising, generally the most regulated form of speech. |
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Term
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Definition
| Generally permissible to gather in a public place, but must meet reasonable local standards |
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Term
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Definition
Freedom to join groups or associations without government intereference.
NAACP v Alabama(1958) |
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Term
| District of Columbia v Heller(2008) |
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Definition
Individual right to possess a firearm unconnected with service in a militia
Use that arm for traditionally lawful purposes, such as self-defense within the home. |
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Term
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Definition
| when the police have reason to beleive that a person should be arrested |
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Term
| Unreasonable searches and seizures |
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Definition
| evidence obtained in a haphazard or random manner is prohibited by the 4th amendment |
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Term
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Definition
| the rule that evidence, no matter how incriminating, cannot be introduced into trial if it was not constitutionally obtained - Mapp v Ohio(1961) |
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Definition
| No state shall make or enforce any law which shall abridge the privileges of immunities of citizens of the United states; nor shall any state depreive any person of life, liberty, or property, without due process of law. |
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Term
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Definition
| Nine young black dudes that were convicted of raping some white women, all were givent he death penalty in 1 day |
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Term
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Definition
| The scottsboro trials were unconstitutional because they were not given reasonable time and opportunity to secure counsel in their defense. |
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Term
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Definition
| The court ruled that the previously discovered right to counsel provided by the 14th amendment does not compel states to provide counsel to any defendent because $$$$$$$ |
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Term
| Gideon v Wainwright(1963) |
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Definition
| The state must provide lawyers in most criminal cases(6th amendment) overturns betts |
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Term
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Definition
| States could only sentence a convicted criminal to imprisonment if that person had been represented by counsel. Since scott was not sentenced to imprisonment, they did not have to provide counsel. |
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Term
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Definition
| The random way in which the death penalty was used violates the cruel and unusual punishment thingamabob. |
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Term
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Definition
| The death penalty is not cruel and unusual. It is "an extreme sanction, suitable to the most extreme crimes." |
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Term
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Definition
| The right to a private life free from the intrustion of government - not explicitly stated in constitution, but implied by the 4th amendment. |
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Term
| Griswald V Connecticut(1965) |
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Definition
| Court rules in favor of a woman's right to contraception |
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Term
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Definition
| Supreme court ruled that Texas cannot prohibit woman's right to abortion |
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Term
| Webster V Reproductive Health Services |
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Definition
| Upheld fetal viability tests. |
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Term
| Planned Parenthood of Southeastern Pennsylvania v Casey(1992) |
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Definition
| Pennysylvania was allowed to limit abortions as long as they did not pose "an undue burden" on pregnant women. |
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Term
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Definition
Court upheld a georgia law against sodomy
However, in 1996 the court ruled that a state could not deny rights to homosexuals simply on the basis of sexual preference. |
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Term
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Definition
| The court rules in favor of the homosexuals, and any sexual acts they wish to perform. |
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Term
| Cruzan V Director, Missouri Department of Health. |
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Definition
| Missouri wont allow a family to pull someone off of life support, Supreme court sides with missourie because the family could be lieing about the will of the patient. With a written will, the would have beena ble top pull life support |
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Term
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Definition
| People have the right to die as long as two doctors agree with the diagnosis of a terminally ill patient, and that patient is sound of mind, able to make a clear decision. |
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Definition
Marbury V Madison
Establish Judicial review which allows courts to determine constitutionaly of acts of congress |
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Term
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Definition
Considered to be a liberal court
One of the most active in shaping public policy
Brown V Board
Expanded rights of accused criminals |
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Term
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Definition
More conservative than the Warren Court
Narrowed Defendents' rights, but did not overturn Miranda V Arizona
Wrote the decision in Roe V Wade
United States V Nixon |
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Term
| The Rehnquist Court(1986-2005) |
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Definition
Did not create a revolution in constitutional law
Chipped away at lbieral decisions such as those rgarding defendents rights, abortion, and affirmative action.
Court no longer viewed self as protector of individual rights
Court typically went with the will of the majority and rules of the government |
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