Due Process Court Cases
case that started in Florida that guaranteed access to legal counsel in all criminal trials
Gideon v Wainwright (1963)
Court case that protected students from being expelled for wearing a black band as a silent protest to the Vietnam War. Establish the "symbolic speech" doctrine.
Tinker v Des Moines Schools (1989)
The "I know it when I see it" case that induced an era of weekly pornographic viewing in the Supreme Court
Redrup v NY (1967), redrupping
strong and convincing evidence that suggests a high probability that a crime had happened
Hint: needed for a warrant
"probable case"
Court case that established the legitimacy of the federal court system and the Supreme Court's power of judicial review
Marbury v Madison
this court case incorporated the "exclusionary rule" to the states
Mapp v Ohio (1961)
Scheck v US (1919) established this doctrine as a limit to what is considered protected under the freedom of speech
"clear & present danger" doctrine
T/F Polygamy is legal in the US, only if you are Mormon (because they religiously practice polygamy)
False
concept that the courts will examine a government action (for example, laws) very strictly to ensure there is no deprivation of any constitutional freedoms
strict scrutiny
Supreme court slang for a government action that makes people fearful of exercising their rights & liberties
chilling effect
court case that requires law enforcement to obtain a warrant in order to conduct an electronic search
Katz v US (1967)
Court case that states that the States may not chill the "freedom of associations" as the defendant plastered the organization's members' information in the newspapers
NAACP v Alabama (1958)
Court case that banned state-sponsored, teacher/employee-led prayer in schools
Engel v Vitale (1961)
doctrine that holds a constitutional freedom in the highest regard
preferred position
What are the 4 responsibilities of the Solicitor General?
1. Argues Cases on behalf of the US
2. Decides when the US will appeal their cases to the SCOTUS
3. Files amicus curiae on behalf of the US
4. 4th highest ranked position in the Justice Department
Court case and doctrine created to establish rules for frisking (stating that policemen can use "reasonable suspicion" as a reason to search someone)
Terry v Ohio (1968) and Terry rules
Court case that updated "clear & present" to "clear & imminent danger" (the modern standard)
Whitney v CA (1927)
The first Supreme Court case that tried to define obscenities (using the words "prurient material lacking serious value").
Roth v US (1957)
the most common way court cases reach the Supreme Court
writ of certiorari
What is the Lemon Test?
says all laws must be secular based and may not help or hurt any religion
this court case established the "good faith" exception to the 4th Amendment
US v Leon (1984)
Court case that holds the 1st Amendment to "preferred position" and any violations to "strict scrutiny"
US v Carolene Products (1938)
The Pentagon Papers case that enforces the "prior restraint" restriction (Near v MN 1931) and added the "immediate & irreparable harm" doctrine
NY Times v US (1971)
Professor describes it as copying and pasting the Bill of Rights to the states
14th Amendment "selective incorporation"
What are the 6 characteristics of the eclectic clause (aka the modern jurisprudence of the 1st Amendment)?
1. preferred position/strict scrutiny
2. no prior restraint
3. clear & imminent danger
4. fair & neutral
5. narrow & clear
6. "least means"