Civil Rights Cases

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AP Gov

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27 Terms

1
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Marbury v Madison

judicial review

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Schenk v US

established clear and present danger for first amendment restrictions

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Gitlow v NY

Established precedent for limiting free speech if it poses a threat to public safety

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Brandenburg v OH

Established direct incitement test (intent, imminence, likelihood)

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Snyder v Phelps

A Supreme Court case that upheld the right to free speech in public protests, ruling that emotional distress claims cannot outweigh the First Amendment.

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Tinker v Des Moines

Established Substaintial Disruption Test —> narrowed first amendment in schools

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Morse v Frederick

Limited free speech in schools even more - drugs

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Weeks v US

established the exclusionary rule - evidence obtained illegally is inadmissable

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Mapp v OH

individual states still violated exclusionary rule - INCORPORATED EXCLUSIONARY

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MD v Garrison

established the honest mistake exception to the exclusionary rule

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NJ v TLO

changed probable cause to reasonable suspicion in schools

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Gideon v Wainwright

incorporated the right to counsel (6th amendment)

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Miranda v AZ

right to have your rights read to you

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NY Times v Sullivan

limits the first amendment more with the sullivan test against LIBEL: false, damaging, actual malice

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Miller v CA

a landmark case that established a test for determining whether speech or expression can be limited based on obscenity

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Texas v Johnson

made anti flag burning laws illegal

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US v Nixon

established that executive privilege is not absolute

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NY Times v US

upheld prohibition against prior restraint: cannot supress any materials prior to publication

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Everson v Board of Education

incorporated the establishment clause - cannot restrict religious

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Engel v Vitale

no recitation of prayer in public schools - establishment clause

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Employment Division of OR vs Smith

free exercise was NARROWED

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Wisconsin v Yoder

supported free exercise in schools

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Masterpiece Cake v Colorado Civil Rights Commision

supported/upheld free exercise clause and allowed the cake service to refuse service on the basis of religion

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DC v Heller

upheld the individual right to keep and bear arms BUT NOT ON THE NATIONAL LEVEL JUST DC

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McDonald v Chicago

incoporated the second amendment (DC v Heller but national)

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Plessy v Ferguson

separate but equal

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Brown v Board of Education

ended segregation in schools de jure