AP Government Ch.4
Significant Court Cases, 1st Amendment, 14th Amendment
Terms
undefined, object
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- Edwards vs. Aguillard (creation science)
- 1987-- struck down creationism act which would assure = teaching of creationism and evolution (Louisiana)
- Schad v. Mount Ephraim
- 1981 or 1991--allows nude dancing; live entertainment is within 1st amendment rights
- Racial Discrimination
- 14th Amendment prohibits it. As early as 1965 when rights are violated based on race helped overcome by affirmative action
- Gideon v. Wainwright
- 1963-- anyone accused of a felony where imprisonment might be imposed has a right to a lawyer
- Cruel and Unusual Punishment
- forbided by 8th amend. but not defined-- applies to the states via the 14th amendment
- Gay Rights (Bowers v. Hardwick)
- 1986- allowed staes to ban homosexual relations allowed the US army to exclude them and some states to prohibit homosexuals form receiving protection against discrimination (one group that can be legally discriminated against)
- Assembly
- (not an absolute right) the right to assemble
- Freedom of Expression
- Ppl having the right to express what the want when they want (some restrictions at school b/c its a captive audience, no absolute freedom)
- webster v. Reproductive Health Services
- 1989-- MO tried to forbid use of state funds or state employees to perform abortions-- court upheld -- minors also must tell parents before getting abortion
- Voting Rights Act of 1965
- Designed to help end formal and informal barriers to blacks right to vote>> led to thousands of blacks registering to vote
- Planned Parenthood v. Casey
- 1992-- sup cour loosened its standard for evaluating restrictions on abortion from strict scrutiny of any fundamental restraints on a right to one of undue burden
- Civil Liberties
- individual legal and const. protections against the govt. AKA BOR. Although the BOR is formal, the courts, police and legislatures define their meaning
- Epperson v. Arkansas (evolution)`
- 1968-- invalidated "anti-evolution" statute which wanted to make it a misdemeanor for a teacher to teach evolution (states may not prohibit teaching evolution)
- Libel
- WRITTEN-- publicaiton of false statements that are malicious and damage a persons rep
- Free Exercise Clause
- 1st amend provision that "prohibits govt from interfering with practice of religion"
- Wallace v. Jaffree
- 1985-- silent school prayer is allowed
- The 14th Amendment
- no state can make/enforce law that abridges privileges/immunities
- Selective Incorporation
- Selectively use parts of the incorporation doctrine (legal concept under which the Sup Court has nationalized BOR by making most of its provisions applicable to the states via 14th amendments
- Madsen v. Women's Health Center
- 1994 court upheld a buffer zone around an abortion clinic (quell violence w/ protesters)
- Harris v. Forklift Systems
- 1993-- no single factor is required to win a sexual harrass. case under title VII of the 1964 Civil Rights Act (Sexual harras. that makes work environ. hostile/abusive= sex harrass.)(Can't have same gender sexual harassment charges)
- Wisconsin v. Yoder
- 1972-- Amish children couldnt be pushed to go to school after 8th grade b/c parents wouldnt let it happen b/c religion
- Americans with Disabilities Act
- 1990- Can't discriminate based on disability unless the person is unqualified>> must make all buildings accessible
- Equality
- Doesn't appear in Const. or in Amendments; what defines it? constitution interpreting law politically power doesn't originally in const
- Plessy v Ferguson
- 1896-- separate but equal
- Engel v. Vitale
- 1962-- NO ORGANIZED PRAYER said state officials violated 1st amend when they wrtoe a prayer to be recited by NY's school children. NO sponsorship or encouragement of prayers
- NOW
- National Organization of Women, 1966, Betty Friedan first president, wanted Equal Employment Opportunity Commission (EEOC) enforce its legal mandate to end sex discrimination
- Self Incrimination
- Part of 5th amend. no person shall be compelled to be a witness against himself
- Callins v. Collins
- 1994-- the death penalty fails to deliver the fair consistent and reliable sentences of death required by the const. lethal injection is the most humane
- Employment Division v. Smith
- 1990 Native American churches-- discarded its previous requirement for a "Compelling Interest" before a gait could even indirectly limit or prohibit religious practices
- Stone v. Graham
- 1980-- cant put 10 commandments on school wall even if it was purchased with private funds
- FCC v. Pacifica Foundation
- define the power of the FCC over indecent material applied by broadcasting 1978 words were indecent, barred 7 words
- Equal portection of the laws
- part of the 14th amendments emphasizes equal protection to all ppl
- Gregg v. Georgia
- 1976-- the Sup court upheld the death penalty "an extreme sanction suitable to the most extreme of crimes" up until 1976 the death penalty had been overturned
- Roth v. United States
- 1957-- ruled that "obscenity is not within the area of constitutionally protected speech or press"
- R.A.V. v. St. Paul
- 1992-- overturned conviction of kid burning a cross b/c the court believed it was freedom of expression (African American on lawn)
- Shaw v. Reno
- 1993-- the court gave legal standig to challenges to any congressional map with an oddly shaped minority-majority district tha tmay not be defensible o n gorunds other than race (such as shared community interest or geographical compactness)
- Civil Rights Movement
- 50s 60s-- started in 1955 with Rosa Parks and her bus seat (although she wasn't the first to reuse to move she was the most famous) her act and publicity led to sit ins and marches and civil disobedience (do something illegal to make a point like when ppl were laid off they did a sit in to get severence pay)
- Due Process Rights
- 3 rights read to you when you're arrested; 1. Right to remain silent 2. What you say.. 3. Right to a lawyer>> when read to you called being "mirandized"
- Karen Quinland
- Was in a coma>> for 9 years the doctors wouldn't let her go b/c she had limited brain activity but her parents wanted to let her go
- Terry Shivo
- Woman in coma; husband wanted her off life support but her parents didn't>> congress got involved>> no brain activity after extensive tests (made congress look bad)
- FCC Regulations
- Need licensed situations to devote a certain % of broadcast time to public service; regulate content of broadcasting (doesn't regulate cable as much)
- Sexual Discrimination
- 14th Amendment prohibits it. ERA tried to overcome it but failed>> states decide if you can discriminate based on sexual discrimination
- New York Times v. Sullivan
- 1964-- guidelines est. for whether public official and public figures could win damage suits for libel; you can criticize public officials, if not too personal or malicious
- Civil Rights Act of 1964
- Made racial discrimination against any group in hotels/motel and restaurants illegal and made many forms of job discrimin. illegal -- created the EEOC; could w/hold grants to places that didnt follow>> strengthened voting rights laws (not really effective b/c ppl with same ethnic backgrounds live together)
- Harmelin v. Michigan
- 1991-- upheld that life sentence w/o parole is not cruel and unusual
- Plea Bargaining
- actual bargain struck between defense's lawyer and the prosecuter-- the defendant agrees to plead guilty to a lesser crime in exchange for state to promise to not prosecute defendant for a more serious crime
- Clear and Present Danger
- used in Schenck v. US case you cant say in times of war shouldn't say (certain things) after 9-11
- Equal Rights Amendment
- first proposed in 1923-- an amendment outlawing discrimination based on sex; phyllis shafely helped strike it down by arguing that women would be drafted (1978) didn't pass
- Thornburg v. Gingles
- 1986 Court announced three preconditions that a plaintiff first must establish to prove a Section 2 claim-the size and geographic compactness of the minority population, their political cohesion, and whether the majority usually voted as a bloc to defeat the minority group's preferred candidate. Then the courts would look at the "totality of the circumstances" to determine if the practice results in a dilution of electoral power
- 24th Amendment
- 1964 declared poll taxes and any other kind of tax in federal elections void
- The Pentagon Papers
- Common case dealing with prior restraints and national security involved the publications of stolen pentagon papers about military involvement in Vietnam were leaked
- Freedom of the Press
- many things can be printed but govt doesn't have to print reprint info (Not absolute freedom)
- Time, Place, and Manner
- freedom of assembly includes the rights to parade, picket and protest (not in a residential area though)
- Roe v. Wade
- 1973-- ban on all abortions was unconst. -- forbade state control over abortions during 1st trimester, to protect the mother in the 2nd and the baby in the 3rd>> women can get a legal abortion
- Lucretia Mott and Elizabeth Cady Stanton
- some of the first feminists; organized the seneca falls convention in NY
- Commercial Speech
- advertising; it can be restricted more than many other types of speech but has been receiving increased protection from court (communication through advertising) "fluffing up products"
- Swann v. Charlotte-Mecklenberg Board of Education
- 1971 upheld federal busing laws one of the least popular remedies for discrimination
- Kiryas Joel vs. Grumet
- 1994-- NY state went too far by creating public school for Hasidic Jews (reverse Jerrymandering)
- Reed v. Reed
- 1971- landmark case- 1st time supreme court upheld a case of gender discrimination>> violated the equal protection clause of the 14th Amendment
- Establishment Clause
- Part of the 1st amendment; provision that prohibits govt from interfering with practice of religion
- 1st Amendment
- Const. amend. that est. 4 great liberties: freedom of speech, press, religion and assembly
- Trial by Jury
- most cases dont go to trial rarely with jury (use plea bargaining)
- Right to Associate
- the right to associate with ppl who share a common interest, including an interest in political change
- Lemon v. Kurtzman
- 1971-- aid to church related schools must 1) have a secular legislative purpose 2) Have primary effect that neither advances nor inhibits religion 3) not foster excessive govt entanglement with religion; 3 steps to decide if fed money can be used to fund private est.
- Lynch v. Donelly
- 1984-- upholds communiyt nativity scene (city owned) there isn't complete separation of church and state
- Widmar vs. Vincent
- 1981-- refusal of equal access for use of public university facilities by an avowedly christian student group violates est. clause "= access doesnt violate est clause"
- Shield Law
- laws that protect reporters who with hold evidence regarding a case
- Right to counsel
- one of the most important "miranda rights"
- Symbolic Speech
- nonverbal communication such as burning a flag or wearing an armband. Court accorded some symbolic speech protection under 1st Amendment (free speech rights) if it doesn't bother schooling
- County of Alleghney v. American Civil Liberties Union
- 1989-- two reoccuring community holiday displays 1. nativity scene 2. hannukah menorah next to xmas tree; ruled menorah const and nativity scene unconst.>> govt may not sponsor religious scenes (tradition allows xmas tree on white house lawn and "in god we trust" on $1)
- Disabilities
- ppl suffer direct and indirect discrimin. often denied rehab services, education and jobs (ADA= Americans with disabilities Act changed alot)
- Homophobia
- fear or hatred of homosexuals (one cause can be religion)
- Slander
- SPOKEN-- spoken defamation, whereas libel refers to written defamation
- Johnson v. DeGrady
- 1994-- court ruled that a legislative redistricting plan doesnt vilate the boting rights act if it does not create the greatest possbile # of districts in which minority group votes would make up a majority (upheld making distrcts for minorities as long as the minorities dont become a majority)
- Obscenity
- something said in a vulgar way or in a politically incorrect way in public or exposing oneself "I know it when I see it"
- Dennis v. United States
- Dennis violated the smitch act which made it a crime to plot violent crimes to overthrow the govt 1951 (during the red scare)
- Lee v. Weisman
- 1992-- school prayer; involving prayers led by religious authority figures at school graduation ceremonies = unconst
- Privacy Rights
- BOR doesnt state a right to privacy but first congress clearly upheld it when they crafted the BOR
- Near v. Minnesota
- 1931-- holds that first Amendment protects newspapers form prior restraint
- Mapp v. Ohio
- 1961 the fourth amend protection against unreasonable searches and seizures must be extended to the staes as well as the fed gov't you have to have probable cause
- Reconstruction and Resegregation
- had to comply to re enter the US >> Jim Crow Laws; if you had taken an oath to uphold the US Const and took arms against the US you couldnt hold office>> led to blacks in office
- Lamb's Chapel v Center Moriches Union Free School
- 1993-- its discriminatory to forbid religious groups from using public schools facility to discuss a subject (childrearing)
- Slavery
- 1st 250 years of American settlement>> first captured then could be bought sold didnt get to vote or own property>> was essential due to the cotton gin
- Affirmative Action
- a policy designed to give special attention to or compensatory treatment of members of some previously disadvantaged group
- NOW
- National Org for Women; founded 1966 really active in 70s>> org for womens rights
- Baby Farming
- Selling infants for profit-- organ harvesting-- can now grow human tissue from stem cells
- Bill of Rights
- 1st 10 Amendments put in place to preserve a persons natural rights 1791
- Miranda v. Arizona
- 1966; court was liberal at the time, Supreme Court decision set guidelines for police questioning of accused persons to protect them against self incrimination and protect their right to counsel>> 1) right to remain silent 2) What they say can and will be used against them in a court of law 3) right to a lawyer
- Probable Cause
- Reasonable grounds to suspect that someone is guilty of a crime. Police often need physical evidence, like fingerprints or a snatched purse. The have to have facts to why the suspicion was suspected. Ex/ drug: detain victim, call in drug dog if no dog, call in judge for warrant
- Speech Censorship
- there are restrictions as to what you can/cant do in public
- Exclusionary Rule
- to weigh evidence in criminal cases the rule is that evidence, no matter how incriminating it is, can't be introduced into a trial if it was not constitutionally obtained (illegally obtained evidence will be taken ut of trial (minor, no attorney, the statements said will be taken out)
- Prior Restraint
- govt preventing material from being published. this is a common method of limiting the press in some nations, but its usually unconst. in the US according to the first amend
- Illinois/McCollum v. Board of Education
- 1948-- tested sep of church and state; the use of public schools by religious orgs to give religious instruction to school children violates est clause of 1st Amendment (no religious classes allowed during student interaction time)
- Gitlow v. New York
- 1925-- Though the Fourteenth Amendment prohibits states from infringing free speech, the defendant was properly convicted under New York's criminal anarchy law for advocating the violent overthrow of the government, through the dissemination of Communist pamphlets.
- Brown v. Board of Education
- 1954-- revoked plessy v. ferguson (thurgood marshall)
- Griswold v Connecticut
- 1965-- unstated liberties implied by the explicitly stated rights (Shadows; penumbras) protecting right to privacy-- includes right to family planning between husband and wife
- Miller v. California
- 1973 what is obscene? Sup Court ruled that the law made no exception for material that has serious literary artistic political scientific merit 1) the work as a whole appealed ot "prurient interest in sex" 2)"patently offensive" sexual conduct 3)work as a whole lacks "serious literary, artistic, political or sci. value"