Constitutional Tests
Religion Clauses
Freedom of Speech
Rights of the Accused
Right to Privacy
100
This test asks whether the governmental action: (1) has a secular purpose; (2) neither advances nor inhibits religion; and (3) does not create excessive govt entanglement with religion.
Lemon test
100
This case held that the 10 Commandments could not be posted in a public school classroom.
Stone v. Graham
100
Provide an example of speech plus.
Parades, picketing, symbolic speech
100
Amendment that protects against unreasonable searches and seizures.
Fourth
100
Name two amendments in the Bill of Rights that imply a right to privacy.
First, Third, Fourth, Fifth, Ninth
200
Name the three tests courts typically use in Establishment Clause cases.
Lemon, coercion, endorsement
200
The idea that government must generally permit people to practice their religion, as long as such practice does not violate the law, is protected by this First Amendment clause.
Free Exercise Clause
200
Name a form of speech that is not protected by the First Amendment
Obscenity, fighting words, libel, slander
200
Amendment that provides the right to the assistance of counsel.
Sixth Amendment
200
Seminal United States Supreme Court case holding that the constitution protects a woman's right to an abortion
Roe v. Wade
300
These restrictions on freedom of speech are permissible if they are: (1) content neutral; (2) serve a significant govt interest; (3) narrowly tailored; (4) allow for alternative channels of communication.
Time, place, and manner restrictions
300
The United States Supreme Court has ruled that this religious group is not required to send its children to school after the eighth grade.
Amish
300
A false statement overheard by a third party that harms the reputation of another is known as this.
Defamation
300
This case held that those charged with a felony are entitled to the right of assistance of counsel, even if they cannot afford it
Gideon v. Wainwright
300
In general, partial birth abortion bans have been ruled constitutional as long as the law includes this important exception.
An exception for the health of the mother
400
This test limits speech that is intended to cause: (1) imminent lawless action and (2) is likely to cause such action.
Clear and Present Danger test
400
The wall of separation between church and state is a principle established by this First Amendment Clause.
Establishment Clause
400
Name two parts of the judicial test for obscenity
(1) Whether it appeals to a prurient interest (2) Violates standards of community decency (3) Patently offensive sexual conduct (4) Has no redeeming artistic, literary, or scientific value
400
Principle that evidence gathered illegally cannot be used in court.
Exclusionary rule
400
This case held that Congress's Partial Birth Abortion Ban Act was not unconstitutional
Gonzales v. Carhart
500
This judicial test was developed by the U.S. Supreme Court in Planned Parenthood v. Casey.
Undue burden test
500
This is why many voucher programs, which provide aid to religious schools, are considered constitutional
They also provide aid to non-religious schools/aid is for a non-religious purpose
500
Describe the holding in Texas v. Johnson
Flag burning is protected under the First Amendment
500
This case held that evidence obtained in violation of the Fourth Amendment cannot be used in criminal prosecutions in state courts
Mapp v. Ohio
500
Reason why a regulation requiring that a woman tell her husband that she's having an abortion is unconstitutional.
Creates an undue burden