quiz 2, civil liberties

civil liberties quiz 3/`10

free exercise clause

free exercise clause

“congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”

Wisconsin v. Yoder (1972)

The Wisconsin Compulsory School Attendance Law violated the Free Exercise Clause of the First Amendment because required attendance past the 8th grade interfered with the rights of Amish parents to direct the religious upbringing of their children.

West Virginia Board of Education v. Barnette (1943)

1. Court ruled found law requiring children to recite Pledge of Allegiance/Pledge the flag in public school

2. States have no power to force individuals to believe/adopt particular political views

Freedom of Speech

“congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press…”

political speech receives great constitutional protectionSc

Schneck v. United States (1919)

Justice Holmes set out “clear and present danger test”

Clear and Present Danger Test

protection of free speech does not protect, for example, a man shouting fire in a theater and causing panic. The question in these cases if the speech used are to create a clear and present danger.

New York Times Company v. United States (1971); question

Did the Nixon Administration’s efforts to prevent the publication of what is called “classified information” violate the First Amendment?

New York Times Company v. United States (1971); holding

To exercise prior restraint (governmental censorship) the gvmt. must show sufficient evidence that the publication would cause “grave and irreparable danger”.

Tinker v. Des Moines (1969); question

Does the wearing of armbands as symbolic protest in public schools violate the First Amendment right to free speech?

Tinker v. Des Moines (1969); holding

School must show evidence the speech in question would cause a material or substantial disruption to the learning environment.

Bethel v. Fraser (1986); holding

Court ruled it was appropriate for schools for the school to prohibit the use of lewd, vulgar and offensive language. Court distinguished political speech (Tinker) and the supposed sexual content of Fraser’s message in assembly.

Hazelwood School District v. Kuhlmeir (1988); issue

Does a principal’s deletion of articles in a school newspaper violate students’ rights under the First Amendment?

Hazelwood School District v. Kuhlmeir (1988); holding

No. Educators may exercise editorial control over student speech as long as actions are related to "reasonably related to legitimate pedagogical concerns."

Lowered constitutional shelf regarding student speech vs. Tinker

Morse v. Frederick (2007); issue

Does the 1st amendment allow for public schools to prohibit messages shown by students promoting use of illegal drugs at school-supervised events?

Morse v. Frederick (2007); holding

School officials may prohibit students from displaying messages that promote illegal drug use.

Students have a right to political speech but it doesn’t extend to pro-drug messages that may undermine school’s important mission to discourage drug use.

4th amendment

requires state/federal governments to obtain warrants based on probable cause

Exclusionary rule (4th amendment)

4th amendment excludes the usage of illegally-collected evidence from being admitted at trial. Applies to both statements + physical evidence.

New Jersey v. TLO (1985)

Court abandoned it’s requirement that searches be conducted only when “probably cause exists” (as well as requiring a warrant)

Court uses less strict standard of “reasonable suspicion” to conclude search was constitutional