Term
| Hurtado v. California (1884) |
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Definition
| Decides 14th amendment does not apply to states YET. |
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Term
| Twinning v. New Jersey (1908) |
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Definition
| SCOUTUS does not incorporate 5th amendment to state courts... Sets ground work for selective incoorporation |
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Term
| Barron v. Baltimore (1833) |
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Definition
| Makes doctrine that bill of rights is for FED govt |
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Term
| Palko v. Connecticut (1937) |
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Definition
| SCOTUS decides 5th amendment did not protect Palko from double jepordy in CONN |
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Term
| Benton v. Maryland (????) |
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Definition
| Reversed ruling in Palko v. Conn... incorporates no double jepordy to states |
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Term
| Duncan v. Lousiana (1968) |
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Definition
| SCOTUS incorporates right of a jury to states |
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Term
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Definition
| SCOTUS decides conn law violates religion rights... applies free excercise to states |
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Term
| Wisconson v. Yoder (1972) |
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Definition
| SCOTUS deems amish do not have to comply with compulsonary education |
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Term
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Definition
| Criminal acts are not protected by free excercise |
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Term
| Sherbert v. Verner (1963) |
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Definition
| Court deems SC puts too much on a burden on workers compensation... violates free excercise |
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Term
| Burrell v. Hobby Lobby (2013) |
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Definition
| Hobby lobby does not have to comply with all parts of Obama Care under free excercise |
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Term
| Church of Lukumu Babalui Aye v. Hialeah (1992) |
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Definition
| Court says sacrifice law singled out Santeria... went against free excercise |
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Term
| Minersville v. Gobitis (1940) |
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Definition
| Under valid secular policy test pledge is not protected under free excercised.... reveresed by West Virgina v. Barnette |
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Term
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Definition
| Uses hobby lobby and compelling interest to allow muslims to have beard in prision |
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Term
| Everson v. Board of Education (1947) |
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Definition
| Applies esablishment clause to the states... NJ acted netrally |
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Term
| School district of Abbington v. Schempp (1963) |
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Definition
| School prayer violates the establishment clause |
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Term
| Edwards v. Aguillard (1987) |
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Definition
| LA law about creationism fails all three prongs of the lemon test |
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Term
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Definition
- Secular Legislative Purpose
- Neither advance nor inhibit religion
- no excessive govt entaglement
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Term
| Hosanna-Tabor Church v. EEOC (2012) |
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Definition
| religious institutions are exempt from certain labor laws, in this case the EEOC |
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Term
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Definition
| Schools cannot have clergy men at graduation... applies lemon test |
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Term
| Agostini v. Felton (1997) |
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Definition
| CHANGES LEMON TEST... only "excessive conflict between church and state" |
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Term
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Definition
| LA law gives equal funding to schools... court allows it changes lemon test again FOCUS:NEUTRALITY |
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Term
| Zelman v. Simmons Harris (2002) |
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Definition
| Horrible school district in Ohio seized by state... allows state funded vouchers for private schools... APPLIES "True public choice" test |
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Term
| Van Ordern v. Perry (2005) |
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Definition
| 10 comandments allowed at statehouse has historical signifigance (cannot have in schools) |
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Term
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Definition
| Upholds legislative prayer |
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Term
| Greece v. Galloway (2013) |
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Definition
| Congress allows legislative prayer in small town hall |
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Term
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Definition
| Creates "clear and present danger" test |
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Term
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Definition
| changes clear and present danger to "bad tendency": focuses on intent not affect |
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Term
| Gitlow v. New York (1925) |
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Definition
| Applies 1st amendment to states, but also says 10th amendment can be used to arrest communist (state police powers).... intent of speech was to overthrow government |
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Term
| US v. Carolene Products (1938) |
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Definition
| Preffered Freedoms Doctrine: restricting fundemental rights could destroy democracy |
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Term
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Definition
| Brings back clear and present danger... teaching of communism allowed, planning to overthrow govt not allowed |
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Term
| Brandenburg v. Ohio (1969) |
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Definition
| Hate speech is protected under 1st amendment unless "immenent threat of lawless action" is present |
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Term
| West Virgina Board of Education v. Barnett (1943) |
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Definition
| Compulsonary Flag salute violates 1st amendment |
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Term
| Tinker v. Des Monies (1969) |
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Definition
| "You do not lose your constitutional rights at the school house gates" |
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Term
| Bethel School District v. Fraser (1986) |
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Definition
| Non-polotical speech can be monitored in schools |
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Term
| Chaplinksy v. New Hampshire (1942) |
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Definition
| Creates Fighting words doctrine |
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Term
| Cohen v. California (1971) |
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Definition
| "one man's vulgarity is another man's lyric" ... incorporates protection of different types of speech |
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Term
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Definition
| Burning US flag is ok... State could not show compelling interest |
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Term
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Definition
| Creates "true threat" test... threating speech is not allowed |
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Term
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Definition
| Students do not have freedom of speech for pro drug messages... Thomas asks to overturn Tinker |
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Term
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Definition
| Decides that westboro baptist speech is protected |
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Term
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Definition
| Dog fight instructional video protected by 1st amendment |
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Term
McCullen v. Coakley (2014) |
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Definition
| Using snyder court decides state laws with speech buffer zones are unconstitutional |
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Term
| Citizens United v. FEC (2010) |
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Definition
| Govt did not show compelling interest in BCRA... corpotations have 1st amendment rights |
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Term
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Definition
Incorporates freedom of the press to states... it is a right FUNDEMENTAL to liberty
But,
- Protection of natl security
- Regulation of obscenity
- Publications that would incite violence
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Term
| New York Times v. US (1971) |
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Definition
| Govt did not have strong enough justification for prior restraint |
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Term
| Branzburg v. Hayers (1972) |
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Definition
| Reporters do not have the right to keep their sources confidential |
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Term
| Hazel wood school district v. Kuhlemeir (1988) |
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Definition
| SCOTUS says school paper is not a public forum, not protected form of speech |
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Term
| Boy Scouts of America v. Dale (2000) |
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Definition
| no law can stop a groups mission of "freedom of association" |
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Term
| New York Times v. Sullivan (1964) |
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Definition
Public officials can only recieve compensation for libel if
- statement was false
- caused concrete damage
- Publisher had actual malice
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Term
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Definition
| Punitive Damages cannot be awarded in libel cases |
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Term
| Hustler Magizene v. Falwell (1988) |
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Definition
| Falwell, a public figure cannot recieve compensation for a paradoy |
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Term
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Definition
| Court determines "Stolen Valor Act" is unconstitutinol... people can lie about recieving the medal of honor |
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