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| 1919- limit freedom of speech only if "clear and present danger" |
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| "1925-first amendment to selectively incorporate part of the bill of rights to the states. |
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| Chaplinksy v New Hampshire |
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| 1942- fighting words are not protected speech |
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| 1951- can limit free speech even if it does not directly lead to action. Upheld Smith Act (made it a crime to support communist organization) |
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| "1969- public school students do not ""shed their constitutional rights at the schoolhouse door"" |
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| 1969- protected inflammatory speech unless it leads to imminent lawless action |
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| 1989- burning American flag was protected symbolic speech and struck down numberous anti-flag burning laws |
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| 1990- invalidated federal government's 1989 Flag Protection Act as an unconstitutional restriction on free speech |
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| "1973- established three part obscenity test |
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| 1931- state injunctions to prevent publication violate the free press provision of first amendment and are unconstitutional. Selectively incorporated freedom of the press and prevents prior restraint |
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| 1964- not libel if newspaper believes something to be true at the time of publication |
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| 1971- executive efforts to prevent publication violated the first amendment were forbidden |
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| Hazelwood School v Kuhlmeier |
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| 1988- school officials have sweeping authority to regulate free speech in student run newspapers |
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| 1937- peaceable assembly for lawful discussion cannot be made a crime. Selectively incorporates freedom of assembly |
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| strikes are protected by freedom to assembly |
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| Grayned v City of Rockford |
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| demonstrations near schools that disrupted classes could legally be banned |
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| cities and towns can legitimately require parade permits in the interest of public order |
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| Lloyd Corporation v Tanner |
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| allowed owners of private spaces to throw out protesters |
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| Boy Scouts of America v Dale |
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| Private organizations are allowed to choose their own membership and expel members based on their sexual orientation even if such discrimination would otherwise be prohibited |
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| prohibited state sponsored prayer in public schools |
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| Abington School District v Schempp |
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| Forbids state mandated reading of the bible or recitation of the Lord's Prayer in public schools |
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| Prohibited states from banning the teachings of evolution in public schools |
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| "Lemon Test- in order for states to give money to religious schools or causes it must: |
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| Parents may remove children from public schools for religious reasons |
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| established the exclusionary rule |
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| allowed unlimited federal wiretapping of the nation's phones |
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| states must provide counsel in cases involving the death penalty to those who can't afford it |
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| overruled Powell and established that states did not have to provide lawyers to those who cannot afford it |
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| extended the Exclusionary rule to states |
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| overruled Betts v Brady. States must provide attorney to anyone who cannot afford one |
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| any defendent who asked for a lawyer had to have one granted. Any confession garnered after that point would be inadmissible |
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| All defendents must be informed of their rights |
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| warrants were in fact required to listen in on phone conversations |
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| If someone confesses before he is read their rights, the confession is still admissible. |
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| ordered a halt to all death penalty punishments because its imposition was often racist and arbitrary |
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| even if the death penalty is made the mandatory punishment for some crimes it is still unconstitutional |
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| under adequate guidelines the death penalty was allowable |
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| forbade execution of defendants who are mentally retarded |
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| Americans have a right to privacy |
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| Laws banning abortions were unconstitutional because they infringed on a woman's right to privacy |
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| Webster v Reproductive Health Services |
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| States have some power to regulate abortion |
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| Planned Parenthood v Casey |
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| states can regulare abortion but not if it imposes an "undue burden" upon the women |
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| Heart of Atlanta Motel, Inc v US |
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| places of public accommodation are prohibited from discriminating against blacks |
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| Regents of University of California v Bakke |
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| quotas requiring a certain percentage of minorities violated the 14th amendment. Race based affirmative action was permissible so long as it was in the service of creating greater diversity |
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| Used the power of Congress to regulate commerce to extend anti-discriminatory laws of the Civil Rights Act of 1964 to virtually all businesses |
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| Laws prohibiting gays from engaging in sexual activities infringed on people's rights to privacy |
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| Federal government was superior to state government |
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| federal governments mandate of the 21 year old drinking age by withholding federal highway funds from all states that did not comply was constitutional |
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| Dartmout College v Woodward |
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| Constitution protects contracts between private parties from legislation |
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| Held that the Bill of Rights did not apply to the states |
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| Executive privilege existed but was forbidden in usage in criminal cases |
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| Federal government's interment of Japanese citizens was constitution due to executive order |
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| Presidential use of line-item veto was unconstitutional |
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