General Terms
Conduct that conveys a message without written words (flag burning or wearing a black armband).
Symbolic Speech
“Nor shall any State deprive any person of life, liberty, or property, without due process of law.”
Due Process Clause of the 14th Amendment
What is the case that upheld a Georgia law prohibiting sodomy?
Bowers v. Hardwick (1986)
Words intended to incite hatred or violence
Fighting Words
Gender classifications in laws and government policies that are alleged to discriminate are subject to what kind of review by the courts?
Intermediate Scrutiny
Let the decision stand.
Stare decisis
“Nor deny to any person within its jurisdiction the equal protection of the laws.”
Equal Protection Clause of the 14th Amendment
Rule of law: Symbolic speech (such as flag burning), no matter how offensive, is protected by the 1st Amendment.
Texas v. Johnson (1989)
Legal documents by which you make provisions for future healthcare decisions in the event that you are unable to make such decisions for yourself. In NY there are three types.
Advance Directives
The “right to die” is an example of an implicit right that may be found in which part of the Constitution?
The Due Process Clause
Damages reputation through false information.
Defamation
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
The 1st Amendment
Which case incorporated the Free Speech Clause of the 1st Amendment to apply to the States?
Gitlow v. New York (1925)
This is applied where a law affects “suspect” classes (race, national origin, alienage) of “fundamental” rights
Strict Scrutiny
Rule of Law: Random imposition of the death penalty (sentencing arbitrarily and capriciously) is held unconstitutional.
Furman v. Georgia (1972)
A document that lets you appoint a healthcare agent to make healthcare decisions for you if you are unable to make decisions for yourself.
Health Care Proxy
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.”
The 8th Amendment
Rule of Law: The motive of “mercy killing” does not negate the substantial evidence of malice, deliberation, and premeditation presented at trial.
State v. Forrest (1987)
Facts that make a crime more serious for considerations of sentencing.
Aggravating Circumstance
This case held LWOP unconstitutional for juvenile offenders who did not commit homicide.
Graham v. Florida (2010)
This applies to general groups (including age, disability, wealth) treated differently by a law.
Rational Basis
The respondent’s argument against Washington’s ban on physician-assisted suicide in Washington v. Glucksberg (1997) relied on which Amendment?
The 14th Amendment
Which case ruled that the death penalty is unconstitutional as punishment for heinous child rape?
Kennedy v. Louisiana (2008)
An appeal requiring the government to show cause for an action
Federal Habeas Corpus Appeals
What does the Supreme Court consider in its evaluations of the “evolving standards of decency”?
Legislation
Sentencing decisions
Public opinion