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| Barron v. Baltimore (1833) |
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| The bill of rights restrained only the national government, not the states and cities. |
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| Gitlow v. New York (1925) |
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| the court announced that freedoms of speech and press were fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states. The states could not abridge the freedoms of expression protected by the First Amendment. |
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The supreme court ruled that aid to church-related schools must
1. have a secular legislative purpose.
2. have a primary effect that neither advances nor inhibits religion.
3. not foster an excessive government "entanglement" with religion. |
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| Zelman v. Simmons-Harris (2002) |
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| upheld a program that provided some families in Cleveland, Ohio, vouchers that could be used to pay tuition at religious schools. |
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| court ruled that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren |
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| School District of Abington Township, Pennsylvania v. Schempp |
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| court ruled that a pennsylvania law requiring Bible reading in schools violated the establishment clause of the First Amendment. |
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Prior Restraint- government's actions that prevent material from being published; censorship
Court ruled that the first amendment protects newspapers from prior restraint. |
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| Schenck v. United States (1919) |
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| Court ruled that government could limit speech if it provokes a clear and present danger of substantive evils. |
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| Zurcher v. Stanford Daily (1978) |
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Definition
| Court decision that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press. |
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| Roth v. United States (1957) |
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| Court decision ruling that obscenity is not within the area of constitutionality protected speech or press. |
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| Miller v. California (1973) |
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| Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "purient interest" and being "patently offensive" and lacking in value |
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| New York Times v. Sullivan (1964) |
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Definition
| case established the guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made with actual malice and reckless disregard for the truth. |
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| Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment. |
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| Miami Herald Publishing Company v. Tornillo (1974) |
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| Supreme court held that a state could not force a newspaper to print replies from candidates it had criticized, illustrating the limited power of government to restrict the print media |
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| S Ct. defended the right to assemble peaceably. NAACP did not have to reveal its membership list and thus subject its members to harrassment |
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| S Ct. ruling that said the fourth amendment's protection against unreasonable search and seizures must be extended to states as well as the federal government |
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| Miranda v. Arizona (1966) |
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| sets guidelines for police questioning of accused persons to protect them against self-incirmination and to protect their right to counsel. |
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| Court ruled that death penalty did not constitute creul and unusual punishment |
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| S Court decision that upheld constitutionality of the death penalty against charges that it violated 14th amendment because minoriites were getting the death penalty more that whites |
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| Court ruled that a state ban on abortions was illegal |
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| Planned Parenthood v. Casey |
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Definition
| restrictions on abortion prohibits any undue burdens that permits considerably more regulation |
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| Korematsu v. United States |
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Definition
| Supreme court decision that upheld the constituational internment of more than 100,000 Americans of Japanese descent in encampments during World War II |
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| The Supreme Court for the first time upheld a claim of gender discrimination |
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| The Supreme Court established the "medium scsrutiny" standard for determining gender discrimination. |
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| Regents of the University of California v. Bakke |
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Definition
| Supreme Court decision holding that a state university could not admit less qualified individuals solely because of their race. |
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Term
| Adarand Constructors v. Pena |
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Definition
| federal programs that classify people by race, even for an ostensibly benign purpose, are unconstitutional |
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| Red Lion Broadcasting Company v. Federal Communications Commision |
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Definition
| Supreme Ct. upheld restrictions on radio and television broadcasting. Restrictions on broadcast media are much tighter than those on the print media because there are only a limited number of broadcasting frequencies available. |
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| Supreme Ct. decision holding that anyone accused of a felony where imprisonment may be imposed, however poor he or she might be, has a right to a lawyer. Sixth Amendment |
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placing a certain slant on a story to deflect negative public attention against a candidate or office holder.
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groups can raise unlimited amounts of $$$ and use it for voter mobilization and issue advocacy but NOT for candidate advocacy or to be given to the candidates. |
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groups can raise as much $$$ as they want and they can use it for voter mobilization and issue advocacy but cannot be used for candidate advocacy or given directly to the candidate
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| A policy designed to give special attention to or compensatory treatment of members of some previously disadvantaged group. |
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| Legal briefs submitted by a “friend of the court” for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. These briefs attempt to influence a court’s decision. |
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| Opponents of the American Constitution at the time when the states were contemplating its adoption. They argued that the Constitution was a class-based document, that it would erode fundamental liberties, and that it would weaken the power of the states. See also Federalists and U.S. Constitution. |
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| A policy designed to ensure competition and prevent monopoly, which is the control of a market by one company. |
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| The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved. Compare original jurisdiction. |
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| An act of Congress that actually funds programs within limits established by authorization bills. Appropriations usually cover one year. |
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| An act of Congress that establishes, continues, or changes a discretionary government program or an entitlement. It specifies program goals and maximum expenditures for discretionary programs. Compare appropriations bill. |
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| A legislature divided into two houses. The U.S. Congress and every American state legislature except Nebraska’s are bicameral. |
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| According to Max Weber, a hierarchical authority structure that uses task specialization, operates on the merit principle, and behaves with impersonality. Bureaucracies govern modern states. |
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| Pendleton Civil Service Act (1883) |
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Definition
| Passed in 1883, an Act that created a federal civil service so that hiring and promotion would be based on merit rather than patronage. |
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| prohibits civil service employees from active participation in partisan politics while on duty. |
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| Office of Personnel Management (OPM) |
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| The office in charge of hiring for most agencies of the federal government, using elaborate rules in the process. |
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