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| Established procedures for the arrested and trial of a accused criminal |
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| one usually involving a dispute between two or more private individuals or organizations |
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| an order from the supreme court to a lower court to send up the record of a case for review |
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| a written brief from a individual or group claiming to have information useful to a court considering in a case |
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| the courts decision expressing the views of the majority of justices |
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| the opinion expressed by a minority of justices in a court case |
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| a group that hears charges against a suspect and decides whether there is sufficient evidence to bring the person to trial |
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| process by which the supreme court has selectively applied the fourteenth amendment to state law |
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| government censorship of information before it is published or broadcast-ed |
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| a law that gives reporters some means of protection against being hit to disclosure of confidential information or sources in state courts |
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| the first amendment guaranteeing that "congress shall make no law establishing a religion" |
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| the first amendment guaranteeing that government is not allowed to ban worship |
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| retrial of a person who was acquitted in a previous trial for the same crime |
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| a law stating that any illegal evidence cannot be used in a federal court |
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| laws requiring social segregation in such places or schools, buses, hotels |
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| Case decided by chief justice Oliver Wendell Holmes, established that speech which evokes clear present danger is not permittable |
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| Hustler Mag vs. Falwell(1988) |
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| much publicized case, court held that emotional distress permissible, first amendment speech so long as such speech was about a public official, and could not reasonably be construed to state actual facts about its subjects |
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| Court established three part obscenity test, would average person applying meet standards, does work lack other value, does the work depict behavior in offensive manner |
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| Boy Scouts vs. Dave(2000) |
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| private organizations first amendment right of expression allows them to chose their own membership. boy scouts were allowed to expel people, ex. is expelling someone who is homosexual |
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| prohibited state-sponsored prayer in public schools |
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| the exclusionary rule meant that any unlawfully gathered evidence could not be introduced in federal court, but evidence was introduced all the time in state courts, mapp case extended the exclusionary rule to the states, increasing the protections for defendants |
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| land mark case that led to newly appoint chief justices, earl warren ruled doctrine "separate but equal" to be unconstituional |
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| McCulloch vs. Maryland(1819) |
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| court rules that state did not have power to tax the national bank. decision empowered supremacy clause |
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| case created "bad tendency doctrine" which held that speech could be restricted if it only had a tendency to lead to illegal action. Though this element of the decision was quite restrictive, gitlow also selectively incorporated freedom of speech to state gov. |
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| congress used commerce clause, court blocks them by saying commerce clause does not give congress power to regulate guns near state-operated schools |
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| preferred position doctrine |
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| freedom of spending is fundemental to liberty, so any limits on free speech, must address severe imminent threats to the nation |
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