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Tested federal power.
Regulation of navigation by steamboat operators and others for purposes of conducting interstate commerce was a power reserved to and exercised by the Congress.
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Tested Congressional Power.
Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers. |
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14th Amendment
Supreme Court had no jurisdiction in case regarding states. |
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| Court said NY couldn't infringe on speech rights. (States can't go against Bill of Rights, either. |
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| Court said prayer violated Establishment Clause (Amendment One) |
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| Removed Bible Reading from schools (Amendment One) |
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Can't pay parochial schools with public funds. "Lemon test" set up.
1. Secular purpose
2. Primary effect that neither advances nor prohibits religion
3. My not foster excessive gov't entanglement with religion |
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| Ten Commandments removed from schools. |
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| Santa Fe School District v. Doe |
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| Student led prayer before football games unconstitutional |
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| Cross can continue to be displayed on formerly private land |
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| Christian Legal Society v. Salazar |
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| Club can't prohibit anyone from joining because they won't sign a statement |
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If a public facility is open for use, religious groups can use the facility as well on the conditions that:
1. No one can be compelled to attend
2. Must be alternative activities |
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| Board of Education v. Mergens |
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| Upheld Equal Access Law 1984 |
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| City of Hialeah v. Church of Babalou Aye |
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| If a religion poses security risk, they can be forbidden from gathering. |
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| Criticizing public figures as having gang connections protected hate speech |
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| Pornography for no reason (just to excite people) not allowed. Obscenity, libel, lewdness, fighting words are of no social value and not necessary to the flow of ideas in democracy not allowed |
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| Expired in 7 years, silenced political opposition from Republicans after almost war with France |
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| Clear and present danger, words can be suppressed |
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| Direct incitement to violence not protected |
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| Symbolic hate speech protected under 1st Amendment |
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| Have right to make fun of public figures |
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| Actual malice and reckless disregard for the truth must be shown to convict of libel and slander |
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| Government secrets can be published |
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| Symbolic speech is allowed as long as it doesn't disrupt school |
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| Flag burning is protected under free speech |
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| Federal Flag Protection Act |
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Definition
| Act banning the act of flag burning |
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| Flag burning is protected free speech |
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| Schools act en loco parentis |
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| School officials can prohibit students from displaying messages that promote illegal drug use because of Hazelwood v. Kuhlmeier. |
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| If community says something is obscene, then it's obscene. |
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LAPS test:
Literary, artistic, scientific, political value, allowed. Community must also agree. |
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| US said states can regulate weapons b/c of militia emphasis |
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| Court rules that there is an individual right to bear arms |
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| Chicago's handgun ban is unconstitutional. |
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| Court established exclusionary rule. Evidence found w/o warrant cannot be presented in court. |
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| Extends Exclusionary Rule to the states. |
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| Established Terry Stop. Police can stop you if you're driving and question you up to 25 minutes. |
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| Good faith exception to the exclusionary rule. |
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| Police don't have to knock with a warrant. |
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Term
| Safford Unified School District v. Redding |
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Definition
| Under some conditions school officials may conduct warrantless searches. But not in this case. |
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| Reading of rights is mandatory. |
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| Incorporates double jeopardy into the states. |
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Term
| Stop the Beach Renourishment Inc. v. Florida Department of Environmental Protection |
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Definition
| State brought in sand. Does not violate eminent domain. |
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| Right to council in criminal court for felony cases, later extended to any case that can result in prison time |
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| Jury must be sequestered during a trial |
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