Judicial Process
This is how most cases reach the Supreme Court docket.
What is a writ of certiorari?
In 1971, the Supreme Court established this three-part test to determine if a law violated the First Amendment's establishment clause.
What is the Lemon test?
This amendment is often scrutinized in gun rights cases.
What is the Second Amendment?
In Brandenburg v. Ohio, a leader of this organization was punished for inflammatory speech.
What is the Ku Klux Klan?
In this case, the Court determines that reporters have special privileges due to the nature of their jobs and have greater First Amendment protections than a layperson.
What is Branzburg v. Hayes?
This case established the precedent of judicial review.
What is Marbury v. Madison?
This test sets the standard that laws need to be neutral towards religion.
What is the Smith test?
In this case, the Court held that there is a fundamental right to firearms for self-defense.
What is DC v. Heller?
In this case, the Court ruled that the First Amendment protects the right to burn an American flag.
What is Texas v. Johnson?
In this case, the Supreme Court determines that in order for a public official to to sue for libel, they must show that the story was false, damaging, and written/spoken with actual malice.
What is the New York Times v. Sullivan?
The Supreme Court gets to pick what they hear, meaning it has this kind of docket.
What is a discretionary docket?
This test asked the following questions:
Did the law infringe on someone's right to free exercise of religion?
If yes, does the state have a compelling interest for doing so and did they use the most restrictive means possible for achieving their goals when writing the legislation?
What is the Sherbert-Yoder test?
In this case, the Court determined that firearm regulations are allowed in certain sensitive places, such as courthouses and polling places.
What is New York State Rifle and Pistol Association v. Bruen (2022)?
In this case, the Court determined the school newspaper did not constitute a public forum.
What is Hazelwood School District v. Kulmeier?
Congress can moderate television and radio station content because of their powers to regulate this kind of commerce.
What is interstate commerce?
These rights prevent the government from interfering in people's lives.
What is the Bill of Rights? (Or negative rights?)
This 2022 case overturned the Lemon test and developed a new test for Establishment Clause cases.
What is Kennedy v. Bremerton School District?
This 1993 act prevents the government from interfering in a person's religious practices unless the government has a compelling interest and uses the least restrictive means to fulfill that interest.
What is the Religious Freedom Restoration Act (RFRA)?
In this case, the Court concluded that students have the same free speech rights as adults.
What is Tinker v. Des Moines?
This is when the government reviews what can be printed.
What is prior restraint?
This legal term means that the party may bring a lawsuit in court.
What is standing?
The Supreme Court uses this test to determine whether symbolic speech is justified.
What is the O'Brien test?
In this 2005 case, the Court found it constitutional for Texas to have a statue of the Ten Commandments on state capitol grounds.
What is Van Order v. Perry?
Name one of two cases that weakened student speech protections.
What is Bethal v. Fraser or Morse v. Frederick?
This ideology motivated many early decisions related to the Free Expression Clause doctrine.
What is communism?