Unit V Study Guide Flashcards

Landmark Cases & Free Speech

  • Schenck v. U.S.: Clear and dangerous test.
  • Texas v. Johnson: Flag burning is protected speech.
  • Tinker v. Des Moines: Free speech is allowed if it doesn't disrupt education.
  • Snyder v. Westboro Baptist Church/Phelps: Offensive speech is protected by the First Amendment.
  • Morse v. Frederick: "Bong Hits 4 Jesus" case; schools can restrict speech undermining educational value.
  • Bethel School Dist. v. Fraser: Schools can regulate obscene speech.
  • Hazelwood v. Kuhlmeier: Schools can censor school newspapers for educational concerns.
  • Flynt v. Falwell: Free speech protects satire, even if emotionally distressing.
  • Oregon v. Smith: States can deny unemployment benefits for drug use in religious ceremonies if laws are neutral.
  • Engel v. Vitale: School prayer violates the Establishment Clause.
  • Wisconsin v. Yoder: Free Exercise Clause outweighs mandatory education for Amish parents.
  • Skokie: (Implied context: likely related to freedom of assembly/speech for controversial groups).

Constitutional Amendments

  • 2nd Amendment: Right to bear arms for militia protection.
  • 4th Amendment: Prevents unreasonable searches; warrantless searches have exceptions.
  • 5th Amendment: Protects against self-incrimination, double jeopardy; ensures due process (Miranda rights).
  • 6th Amendment: Guarantees a speedy trial, public trial, impartial jury, and right to counsel.
  • 7th Amendment: Right to a jury trial in civil cases (can be waived).
  • 8th Amendment: Prohibits excessive bail/fines and cruel/unusual punishment.
  • 14th Amendment: Guarantees citizenship and equal protection under the law; prevents discrimination. Strict scrutiny applied.

Supreme Court

  • Current Justices: John Roberts, Clarence Thomas, Sam Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, Amy Barret, Ketanji Jackson.

Important Cases

  • Mapp v. Ohio: Established the exclusionary rule (illegally obtained evidence inadmissible).
  • Gideon v. Wainright/Betts v. Brady: Gideon affirmed the right to counsel even if one cannot afford it.
  • Furman v. Georgia: Initially found the death penalty unconstitutional due to discriminatory application.
  • Gregg v. Georgia: Reinstated the death penalty after states revised laws to address discrimination.
  • Katz v. U.S.: The 4th Amendment protects people, not places; warrantless wiretapping is illegal.
  • New Jersey v. T.L.O.: Schools only need reasonable suspicion for searches.
  • U.S. v. Miller: 2nd Amendment relates to militia use.
  • D.C. v. Heller: Individuals have the right to bear arms.
  • Mcdonald v. Chicago: Affirmed the right to bear arms applies to states.
  • N.Y. Rifle Assoc. vs. Bruen: Right to carry arms in public for self-defense; no need to justify the need to exercise a right.

Civil Rights Legislation

  • Civil Rights Act of 1964:
    • Title VI: No discrimination for programs receiving federal funds
    • Title VII: No employment discrimination
    • Title II: No discrimination in public accommodations engaged in commerce
  • Voting Rights Act of 1965: Bans literacy tests and requires federal approval for voting law changes in areas with historical discrimination (Section 5).
  • Civil Rights Act of 1968: No housing discrimination.
  • Gratz v. Bollinger: (Bonus points for race only are bad)(\text{Bonus points for race only are bad}). Need strict scrutiny.
  • Grutter v. Bollinger: (Affirmative action is okay with a diverse body)(\text{Affirmative action is okay with a diverse body}).
  • Writ of Certiorari: Higher court asks to review lower court.
  • Writ of Mandamus: (Definition not provided, but listed as a term to know).