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| White man wants to go to med school. Med School has racial quotas, and he is not accepted. Wins case because racial quotas violate Civil Rights Act of 1965. |
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White lady applies to law school but is denied. law school wins because there is no quota, just a general advantage that is only one of many factors. Each applicant decided on an individual basis.
Overturned Bakke v. U.C. Davis |
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| Law school has point system that includes an advantage to minorites. Gratz wins based on the fact the point system is not individualized, so it is unfair. |
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Barron looses his shipping area due to lots o sand. Sues city under right for compensation for taking property.
Loses as the Bill of Rights does not apply to states yet. |
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| African Americans were slaves. Scott must be returned to Sanford. Probably the worst decision ever by the Supreme Court. |
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Speech can be prohibited if it is "directed at inciting or producing imminent lawless action" and (2) it is "likely to incite or produce such action."
Brandenburg won as his speech did not create a situation where he was inciting lawless action. |
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Schenk created letters saying to resist the draft. Only declared peaceful means, but still prosecuting under Espionage Act.
Schenk lost because during wartime freedoms may be given up or limited and his letter created clear and present danger. |
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SELECTIVE INCORPORATION
No clear and present danger. |
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| Tinker had an armband condemning Vietnam War. Tinker was in the right as it was freedom of expression and did not interfere with the school's discipline. |
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Employment Division v. Smith |
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| Drugs are illegal even if specified for religious purposes. |
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New York Times v. Sullivan |
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| False speech is protected unless it has actual malice. |
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| No prayer in school b/c of establishment clause. |
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| Counsel must be provided. |
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Religion in schools.
Lemon test: "a secular legislative purpose," it must have principal effects which neither advance nor inhibit religion, and it must not foster "an excessive government entanglement with religion. |
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| Probable cause is not needed in schools. |
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| Obscenity is illegal. SLAPS test: (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value." |
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| Gerrymandering is illegal. |
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| Pentagon Papers Case. Prior restraint is bad. |
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| Racial gerrymandering is illegal. |
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| Limited Commerce Clause as the way it was applied was unreasonable. |
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