Court Cases
What was the court case that protects an accused person from self incrimination and protects their right to counsel?
(bonus points for date)
Miranda v. Arizona (1966)
*100 bonus points for date*
The Supreme Court ruled that the 4th Amendment's protection against unreasonable search and seizures must be extended to states as well as the federal government.
(bonus points for date)
Mapp v. Ohio (1961)
*100 bonus points for date*
Amendment that establishes the freedom of the press, speech, religion, and assembly.
DOUBLE OR NOTHIN' - name the document that contains the first 10 Amendments.
1st Amendment
DOUBLE OR NOTHIN' ANSWER - Bill of Rights.
A 1st Amendment provision that prohibits government from interfering with the practice of religion.
Free Exercise Clause
The right to a private personal life free from the institution of government.
Right to Privacy
Court upheld the conviction of a socialist who had urged young men to resist the draft during WWI.
(bonus points for date)
Schenck v. United States (1919)
*100 bonus points for date*
State the 2 court cases that had to do with freedom of assembly.
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Collins v. Smith (1978) - a federal district court ruled the Skokie's ordinance did restrict freedom of assembly and association.
NAACP v. Alabama (1958) - Supreme Court protected the right to assemble peaceably by ruling that the NAACP did not have to reveal its membership list and thus subject their members to harassment.
*100 bonus points for dates*
Designed to protect the rights of the person accused of crimes, including the protection against double jeopardy, self incrimination, ad punishment without due process.
5th Amendment
Part of the 1st Amendment that states the "Congress shall make no law respecting an establishment of religion.
Establishment Clause
What is the difference between libel and slander?DOUBLE OR NOTHIN' - Name the court case the references to libel and slander
Libel is written defamation while slander is verbal defamation
DOUBLE OR NOTHIN' ANSWER - New York Times v. Sullivan (1964)
Name the 2 court cases that mention the regulation of public airways.
(bonus points for dates)
Miami Herald Publishing Company v. Tornillo (1974) - upheld that a state could not force a newspaper to print replies from candidates it had criticized, illustrating the limited power of the government to restrict the print media.
Red Lion Broadcasting Company v. Federal Communications Commission (1969) - upheld restrictions on radio and television broadcasting.
*200 bonus points for dates*
Name the 2 court cases the mention both the Bill of Rights AND the states.
(bonus points for dates)
Barron v. Baltimore (1833) - upheld that the Bill of Rights applied only to the federal government, not to states and cities.
Gitlow v. New York (1925) - upheld that freedom of the press and speech are "fundamental personal and liberties protected by the due process clause of the 14th Amendment"; therefore, neither the state nor the federal government can infringe these rights.
*200 bonus points for dates*
Forbids cruel and unusual punishment , although it does not define the phrase.
8th Amendment
Police must have this to be legally allowed to search for and seize incriminating evidence.
DOUBLE OR NOTHIN' - name the rule that goes with this clause.
Probable Clause
DOUBLE OR NOTHIN' ANSWER - Exclusionary Rule
Nonverbal communication, such as burning a flag or wearing an armband.
DOUBLE OR NOTHIN' - name the court case the deals with this form of nonverbal communication.
Symbolic Speech
DOUBLE OR NOTHIN' ANSWER - Texas v. Johnson (1989)
Name the 2 court cases that deal with obscenity.
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Roth v. United States(1957) - Obscenity is not within the area of constitutionally protected speech or press.
Miller v. California (1973) - Defining obscenity by holding that community standards be used to determine whether material is obscene; but it did provide some obscenity standards.
*200 bonus points for dates*
Name the 2 court cases that addressed the controversy over abortion.
(bonus points for dates)
Roe v. Wade (1973) - decision holding that a state ban on all abortions was unconstitutional.
Planned Parenthood v. Casey (1992) - Supreme Court loosened its standards for evaluating restrictions on abortions.
*200 bonus points for dates*
Name the amendment that includes the right to counsel, the rights to confront witnesses, and the right to a speedy and public trial.
DOUBLE OR NOTHIN' - name the court case that goes along with this Amendment in terms of having the right to a lawyer in trial.
6th Amendment
DOUBLE OR NOTHIN' ANSWER - Gideon v. Wainwright (1963)
Name the court case that upheld that states cannot ban the killing/sacrificing of animals for ritual and religious reasons (Free Exercise Clause).
(bonus points for date)
Church of the Lukumi Babalu Aye, Inc v.City of Hialeah (1993)
*100 bonus points for date*
The government cannot prevent material from being published; this would be viewed as a way for the government to limit the press.
DOUBLE OR NOTHIN' - name the court case the protects newspapers from governmental limitation.
Prior Restraint
DOUBLE OR NOTHIN' ANSWER - Near v. Minnesota (1931)
Supreme Court held that a proper search warrant could be applied to a newspaper as well as anyone else without violating the 1st Amendments freedom of the press AND name the communication in the form of advertising.
(bonus points for date)
Zurcher v. Stanford Daily (1978) AND commercial speech
*100 bonus points for date*
Name the 2 court cases AND their rulings in the courts that have to do with cruel and unusual punishment.
(bonus points for dates)
Gregg v. Georgia (1976) - upheld the constitutionality of the death penalty.
McCleskey v. Kemp (1987) - upheld the constitutionality of the death penalty against changes that it violates the 14th Amendment.
*200 bonus points for dates*
The Amendment that states "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US; nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the law."
DOUBLE OR NOTHIN' - this document nationalized the Bill of Rights.
14th Amendment
DOUBLE OR NOTHIN' ANSWER - Incorporation Doctrine
Name 3 out of the 4 court cases that had to do with religion interfering with schools AND what the courts rulings were (Establishment Clause).
(bonus points for dates)
Lemon v. Kurztman (1971) - church related schools must meet the Lemon Test.
Zelman v. Simmons-Harris (2002) - upheld a state providing families with vouchers that could be used to pay for tuition at religious schools.
Engel v. Vitale (1962) - held that state officials violated the first amendment when they wrote a prayer to be resided by NewYork's school children
School District of Abington Township, Pennsylvania v. Schempp (1963) - Supreme Court decision holding that a PA law requiring bible reading in schools violated the Establishment Clause in the first amendment
*300 bonus points for dates*
Explain the difference between the right to assemble and the right to association.
The right to assemble is the gathering in order to make a statement and share conflicts/disagreements, while the right to association is the gathering of people who share common interests.