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). Need strict scrutiny.
- Grutter v. Bollinger: (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).