American Government Court cases

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created 7 years ago by WJB
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exam 3 court cases
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College: Second year
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1

Gitlow v. New York

The freedom of speech and the freedom of the press are fundamental rights, that cannot be abridged by congress or impaired by the states

2

Reynolds v. U.S.

Polygamy is outlawed.

Established that the law of the land is superior to religious beliefs

3

Sherbert v. Verner

Sherbert test.

Compelling interest

4

Wisconsin v. Yoder

reconfirms compelling interest

Amish pulling kids out of school at 8th grade

5

Church of Lukumi Babalu Aye v. City of Hialeah

Can sacrifice animals

6

employment division v. Smith

cannot use illegal narcotics in religious practices

7

Gonzales v. O Centro Espirita Uniao de Vegetal

religious practices can use drugs that are legal.

Hoasca

8

Engle v. Vitale

organized school prayer is unconstitutional

9

Lemon V. Kurtzman

established Lemon Law

1. the law has to be secular in purpose

2. cannot promote or inhibit religion

3. cannot promote excessive entanglement with religion

10

National Socialist workers party of america (nazi) v. Village of Skokie, IL

state cannot inhibit a group from meeting because it makes people uncomfortable

11

Schenk v. U.S.

Clear and present danger

12

Chaplinsky v. N.H.

fighting words are not protected speech

13

Snyder v. Phelps

Hate speech is protected

14

Texas v. Johnson

buring of the american flag is protected speech

15

roth v. U.S.

Defines Obscene

  1. To the average person applying contemporary community standards the dominant theme of the material appeals to “prurient interests”
16

Miller v. California

  1. “patently offensive”
  2. Something is unprotected speech if it is PO and lacks serious literary, artistic, political, or scientific value.
    1. Porn is Art
17

Article 1 section 9

Writ of Habeas Corpus

Bans ex facto laws

Banned bills of attainder

18

4th amendment

no illegal search and seizures

19

5th amendment

no self-incrimination

no double jeopardy

20

6th amendment

free and fair trial

21

Gideon v. Wainwright

if you cannot afford legal council, legal council will be appointed for free

22

Escobedo v. Illinois

As soon as you become the target of a criminal investigation, you can call on legal council

23

Miranda v. Arizona

Miranda rights

must be told of rights upon arrest

24

8th amendment

no excessive bail

no cruel and unusual punishment

25

Furman v. Ga

Capitol punishment is okay

26

Gregg v. Ga

Capitol punishment is not ok.

Nullifies Furman v. GA

27

U.S. v. Cruikshank

do not have individual right to own gun

28

Presser v. Illinios

  1. You do not have the right to own a gun if the state says you cannot
  2. You do not have the right to form militias
  3. Only the National guard is protected by 2nd amendment
29

Miller v. Texas

States can ban guns

30

D.C. v. Heller

We do have the individual right to own a gun

31

McDonald v. Chicago

Reaffirms rights to own a gun

the 2nd amendment applues to states

states can no longer take right to own a gun