Term
|
Definition
| Case which selectively incorporated rights; focused on free speech |
|
|
Term
|
Definition
| Case which stated that symbolic speech was allowed in the school setting if it is not disruptive |
|
|
Term
|
Definition
| Flag burning is an example of permissible symbolic speech |
|
|
Term
|
Definition
| A student suspended for displaying a banner with the phrase " Bong Hits 4 Jesus" did not have his rights to speech violated. Such a "sophomoric: banner was not protected speech. |
|
|
Term
|
Definition
| Incorporated freedom of the press and prevents prior restraint (i.e. injunctions that prevent publication) |
|
|
Term
| New York Times v Sullivan |
|
Definition
| Established the actual malice standard in order to prove libel. |
|
|
Term
|
Definition
Estavblished the trhee part obscenity test: 1. the average person applying community standards would judge the work as appealing to baser sexual instincts
2. the work lacks other value (ie artistic, literacy, etc.) 3. Does the work depict sexual behavior in an offensive manner? |
|
|
Term
|
Definition
Determined whether a law violates the Establishment clause based on a three part test:
1. whether the law has a secular purpose
2. that the law neither promotes nor discourages religion
3. law avoids entanglement with religion |
|
|
Term
|
Definition
| State supported prayer in schools is not allowed |
|
|
Term
|
Definition
| Amish don't need to send school past the 8th grade due to religious reasons |
|
|
Term
| Employment Divison of Oregon v Smith |
|
Definition
| State COULD withhold unemployment benefits to people fired after testing positive for peyote, which they had used as part of a religious ceremony. |
|
|
Term
|
Definition
| Extended the exclusionary rule, which didn't allow the use of illegally obtained evidence in court, to the states. |
|
|
Term
|
Definition
| Allowed the death penalty, which had been suspended in Furman v Georgia, to be resumed. This was because the state had developed a sentencing method that was not arbitrary or racist. |
|
|
Term
|
Definition
| Concerned the right of a woman to discuss birth control with her doctor. Ruled that penumbra rights like privacy do exist. The right to privcay exists under the 3rd, 4th, 9th and 14th amendments. |
|
|
Term
| Planned Parenthood v Casey |
|
Definition
| Provisions requiring a woman to notify her husband before an abortion were struck down, but provisions which required a 24 hour waiting period, and for a minor to inform her parents, were upheld. |
|
|
Term
|
Definition
| Struck down a law that criminalized homosexual sex, stating that consensual sex was protected under the 14th Amendment as part of privacy rights. |
|
|
Term
| Heart of Atlanta Motel v United States |
|
Definition
| The Civil RIghts Act of 1964 mandated that places of puclic accommodation are prohibited from discrimination against blacks. Interstate commerce clause gives jurisdiction to federal government. |
|
|
Term
| Regents of the university of California v. Bakke |
|
Definition
| A white male applying to medical school was unfairly denied admission because the school's affirmative action program used racial quotas. Affirmative action was allowed to continue, however, but on a more limited scale, to promote diversity. |
|
|
Term
| Grutter v Bollinger and Gratz v Bollinger |
|
Definition
| Race can be a factor if narrowly applied, in admissions. The Court reasoned that the automatic distribution of 20 points, or one-fifth of the points needed to guarantee admission, to every single "underrepresented minority" applicant solely because of race was not narrowly tailored and did not provide the individualized consideration in the undergraduate case. In the graduate cases, the individualized process that considered race as one factor among many, was constitutional. |
|
|
Term
|
Definition
| Strengthened the power of the federal government by preventing the state from taxing the national bank. Expanded the power of Congress to use the elastic clause to create the national bank. |
|
|
Term
|
Definition
| Warf owner's warf was silted in by the city's renovation project but he was not compensated as would be required by the eminent domain provision of the 5th Amewndment. The court said that states do not need to follow the Bill of Rights. The Bill of Rights would not be incorporated, and then only selectively, starting nearly 100 years later. |
|
|
Term
|
Definition
| COurt made the use of the interstate commerce clause more narrow by stating that the commerce clause does not give Congress the authority to regulate guns near state-operated schools |
|
|
