U.S. v. NY Times
What amendment was the issue in the U.S v. NY Times case? (specific as possible)
The First Amendment - free press
Who wrote the document?
Martin Luther King Jr.
What caused Schenk v. US?
Schenk and Baer handed out leaflets declaring war draft violated 13th Amendment's involuntary servitude
What was the result of Brown V. Board and what did it overturn?
- Separating children in public schools on the basis of race was unconstitutional
- overturned separate but equal
What does this term mean?
Constitutionally given rights to protect individuals from government tyranny
What was the ruling in this case?
The government does not have the power to censure the press, under the First Amendment protections for freedom of the press.
What is the document's impacts?
- Important for the civil rights movement progression
- inspired non-violent protests
What is the effect of the Establishment and Free Exercise Clauses?
Establishment: prohibits the government from making any law “respecting an establishment of religion."
Free Exercise: protects citizens' rights to practice or not practice any religion so long as the practice does not run afoul of a "public morals" or a "compelling" governmental interest
Which party advocated for state rights?
Anti-Federalists
Why is this term significant?
Gives them the ability to criticize the government and allows them privacy + protects citizens from discrimination
What is prior restraint and how did Nixon use it?
Prior restraint: preventing papers from publishing documents before they are printed
Nixon sent an order to stop the publication of the Pentagon Papers that were spreading the top secret documents about Vietnam because it could threaten national security.
What is the main idea of the document?
- Civil disobedience
- peaceful negotiation
- self purification
- direct action
What caused the 14th amendment to be created?
Civil War + the court wanted to overturn the Dred Scott v. Sanford decision
Legislation banning flag burning was deemed unconstitutional because it violated the...
First Amendment; protection of expression/"symbolic speech"
What court cases does this term relate to other than U.S v. NY Times?
- Tinker v. Des Moines
- Schenck v. U.S
- Any court case that has bill of rights in it
What was the major impact of this case? (name two)
- Gave individuals/corporations more power
- NY Times and Wash. Post can publish without worry of government censorship
- No prior restraint unless in war
Who was the intended audience?
White clergymen in Birmingham who wrote him a letter saying they believe King is an extremist/too radical
What was the effect of the 14th amendment establishment?
Due process clause protects against the government's abuse of power without due process of and equal protection under the law.
Which of the following is a way for Congress to influence the federal judiciary?
It can change the appellate jurisdiction for federal courts.
What is the difference between civil liberties and civil rights?
Civil liberties = Bill of Rights
Civil rights = discrimination of a sub-group