1
Q
First Amendment
A
- Free Speech
- Religion
- Assembly
- Petition
- Free Press
2
Q
Second Amendment
A
- Right to bear arms
3
Q
Third Amendment
A
- soldiers cannot be quartered in your house
4
Q
Fourth Amendment
A
No unreasonable search and seizure
5
Q
Fifth Amendment
A
- Self incrimination
- Due process
- Grand Jury Trials
- Just Compensation
- No physical evidence but verbal
6
Q
Sixth Amendment
A
- right to a speedy trail
- right to counsel
- right to confront a witness
7
Q
Seventh Amendment
A
right to a jury trail for civil cases
8
Q
Eighth Amendment
A
- no cruel and unusual punishment
9
Q
Ninth Amendment
A
Guarantees rights that are not specifically stated in the Constitution are still there
10
Q
Tenth Amendment
A
Any power not given to the federal government were given to the states
11
Q
United States v O’Brien
A
- burned his draft card
- argued that the amendment he was convicted under abridged his first amendment rights and served no legislative purpose
- this argument was rejected due to the governmental interest of the draft
12
Q
Texas v Johnson
A
- flag burning at a protest
- Is flag burning a form of speech that is protected under the First Amendment?
- the court agreed with Johnson, finding that it was expressive conduct and distinctively political
13
Q
Barron v Baltimore
A
- Wharf owner alleged that the construction by the city had diverted water flower in the habor area. This reduced his earning power. He sued the city under the 5th Amendment(can’t take private property without compensation)
- Court found that the BOR only applied to the federal government and not the states
14
Q
Gitlow v New York
A
- Gitlow was arrested for passing out the “left wing manifesto” calling for socialism, convicted under the Criminal Anarchy Code. He argued since there was no results from his speech, it violated his first amendment rights
- Court ruled that New York was allowed to prohibit speech that threatens national security
- also applies the First Amendment to the States
15
Q
Buckley v Valeo
A
- attempt to remove corruption from politcal campaigns by restricting financial contributions to candidates
- does limiting the amount people can give violate the first amendment
- yes, it limits freedom of expression
16
Q
South Florida Free Beaches v Miami
A
- unconsitutional infringement on the right to sun bathe nude
- the Court found that nudity itself is not protected under the First Amendment, unless combined with other protected speech
17
Q
Southeastern Promotions v Conrad
A
- theater requested to put on the show HAIR. Company said no based on the controversial content in the production
- violated the first amendment, because it was an attempt to censor speech using prior restraint
18
Q
Crown v Zenger
A
- charged for seditious libel for publishing a newspaper that criticized the Governor
- established that true statements critizing the government cannot be punished.
- Early influence of the First Amendment
19
Q
Shenck v United States
A
- passing out leaflets, urging men to resist the draft
- during the time of war
- Arrested under the espionage act, and argued it was a violation of the first amendment
- the court ruled that it wasn’t protected, as it actively encouraged people to evade the draft during war time
- shouting “FIRE” in a crowded theater(clear and present danger)
20
Q
Debs v United States
A
- gives a public speech that encourages his audience to interfere with the draft
- arrested under the espionage act
- like Shenck, the Court ruled that arrest of an individual for distributing leafets encouraging readers to oppose th draft was constitutional
21
Q
Abrams v US
A
- Russian immigrants circulated literature calling for a strike of ammunition plants to undermine the war effort
- arrested for two leaflets thrown out the window(denoucing the war and advocating for cessation of production of weapons”)
- sufficent to meet the clear and present danger test
- protection of speech is lower during war time
22
Q
Tinker v Des Moines
A
- arm band protest
- Tinker and Eckhardt were sent home
- parents sued the school district for violating the rights of students
- The court ruled that the armbands represented pure speech, and that students don’t lose their rights the moment they walk into school
- the conduct must cause “materially and substantially interfere” with the operates of the school
23
Q
Bethal vs Fraser
A
- Fraser delievered a graphic and explicit speech for his friends campaign for student office
- students were visibly riled up and - Fraser has been warned not to give the speech
- He was suspended for three days and was removed the graduate speaker list
-The court distinguished the case from Tinker, which was political speech compared to sexual content of Fraser’s.
it was inconsistent with the “fundamental values of public school education”
24
Q
Hazelwood v Kuhlmeir
A
- school newpaper wanted to publish an article that had ‘inappropriate’ topics for students and the principal denied the request
- the court held the school was not required to promote certain kinds of student speech since it was a school run activity
- the topics went against the shared values of the social order
25
Morse v Frederick
- olympic torch was going through alaska and a school permitted students to watch outside
- frederick and friends unfurled a sign that said “Bong Hitz for Jesus”
- The court ruled although students have some right to political speech, rights do not extend to messages that are against school policies
- Although cryptic it was reasonable to interpret as a promotion for marijuana use
26
Mahanoy Area v BL
- BL tried out for the varsity cheerleading squad but didn’t make it. She then posted during the weekend, off campus an explicit message about the team. when the coach found out BL was kicked off the team
- 1st amendment speech has some limits for students, but does not completely regulate all off campus speech.
- she was in justidiction of parents and her speech was not substantial disruption or a threat to others
27
feminist jurisprudence
- simply a practice of examining and evaluating the law from a feminist perspective
28
suffrage
- the right to vote
29
conventure
- a married couple became one person, and that person was the man
30
abortion
- intentional termination of pregnancy by removal or expulsion of fetus
- do have a historial presents
- controversial
31
Roe v Wade
- Roe sued Wade, statint that making abortion illegal unless medically needed was vague and abridged the personal privacy rights of first, fourth, fifth, ninth, and fourteenth
- court ruled the “right to privacy” that protects women’s right to choose up to the second trimester
- Strict Scrutiny
32
Planned Parenthood v Casey
- PA amended its abortion law, requring those who wnat one to require informed consent and wait 24 hours. They must also notify their husbands
- court ruled that if a policy put an “undue burden on a women seeking an abortion then it was unconstitutional
33
Dobbs v Jackson
- Mississippi prohibited all abortions with few exceptions after 15 weeks.
- the court overturned Roe, stating that it was unconstitutional anyways. abortion is not mentioned in the consitution, nor are they deeply rooted in the nation’s history
34
19th Amendment
- gave women the right to to vote
35
13th Amendment
abolished slavery in the United States
36
14th Amendment
Guarantees rights and liberties to all people that were born or naturalizaed in the US
37
15th Amendment
Gave the right to vote to all people regardless of color and previous condition of servitude
38
Johnson v Parker
- Johnson was under indentured servitude and eventually released
- he had an indentured servant named Casor who claimed he had kept him too long
- Johnson freed Casor who then indentured himself to the neighbor that reported Johnson
- Johnson sued Parker for Casor
- The Court ruled that Casor was illegally obtained by Parker, thus Johnson had a legal hold over Casor for the “duration of his life”
- An African became the first legal owner of an enslaved person (a little ironic)
39
The Amistad Case
- enslaved Africans were being transported to Cuba on a ship called the Amistad
- there was a revolt and the killed most of the people on the ship and told the remainder of the crew to sail back towards Africa
- arrived back in New York and there was a trial
- Former President John Quincy Adams
- He argued that the slaves were kidnapped against their will and that the containment when against the natural law principles of the Declaration
40
Dred Scott
- Born into slavery and traveled along with his owner and wife to various free states before returning back to Missouri after 17 years
-Justice Taney, who also ruled on the Amistad case, found that no Blacks, free or not, could be citizens, and thus couldn’t bring cases to Court
-also overturned the Missouri Compromise
- stamp of approval of slavery
41
Missouri Compromise
- Missouri was the only slave state formed from the territory purchased from Lousisana Purchase
42
Kanas-Nebraska Act
opened up the West to slavery
43
Plessy vs Ferguson
- Plessy was 1/17 black and rode the train in the white section only
- Plessy’s lawyers argued 14th Amendment outlawed race as a legal distinction, race as a social construct, and thus these can’t be made
- the court disagreed, ruling “separate but equal”
44
Brown vs Board of Education
- ended racial segregation
- equal protections clause of the 14th Amendment
- overturned “seperate but equal
45
Richards v Wisconsin
- “knock and announce” rule required for the 4th Amendment test
46
warrant clause
- 4th Amendment
- all warrants must be based on probable cause and must describe the plae to be searched or the person to be seized with “particularity”
47
reasonableness clause
- allows searches without warrants providing there is both probable cause and exigent circumstances(urgent)
48
Seizure
the dominion or control by the police over a person or item
49
Arrest vs Detention
Detention: brief and temporary
Arrest: Longer and more serious
50
stop and frisk
- also known as a Terry stop
- Don’t need probable cause but do require “reasonable suspicion”
- stop and frisk is not an arrest but is a search and seizure so under the 4th Amendment
- must be temporary and no longer than necessary
- police can ask questions
51
search
an examination of an individual’s house, person, or effcts to discover items related to criminal activity
- less expected privacy in public
52
Vehicle Stops
- seizure occurs every time the car is stop, even if the purpose of the stop is limited
- does not need probable cause or a warrant
- can ask for indentification and for the driver or occupants to exit the car
53
reasonable exceptation of privacy
a.) the subject of the search must have a subjective expectation of privacy and b.) society must view that expectation as reasonable
54
Search Incident to Arrest
- must occur during arrest and must be in the vicinity of the suspect
* lunge area
Purpose: safety of arrestee, guards, fellow inmates, prevent destruction of evidence, prevent escape
Result: evidence of crime found during search incident to arrest is admissible
55
Consent
- most common exception
- no need for probable cause or warrant(4th amendment doesn’t apply)
- consent must be “voluntary” and “intelligent”
- scope limited to a particular area and time
- consent may be revoked and does not require a further consent at a later time
56
Plain View
- if officer is lawfully in a place and sees evidence of a crime the evidence may be seized
- not actually a “search”
Limited: can’t search inside the thing seized without separate exception or warrant
Limited: sight only, not hearing, smell, etc.
Open field - outside place where office may legally be
* not “curtilage” - porches, barns, sheds, and bushes
57
Abandoned Property
- Owner gives up possession and control of an object
58
Powell v Alabama
- expand the meaning of the assistance clause
- black boys that were charged with murder, most got the death penalty
- ruled that they didn’t get protections under the 5th Amendment due process
- must provide a lawyer
59
Johnson v Zerbst
- serious felony charges in federal courts
- not for the states
60
Gideon v Wainwright
- established the right of criminal defendent to have a lawyer, even if they couldn’t afford one
- 6th Amendment to the state
61
custody
subjected to formal arrest or equivalent restraint on freedom
62
Miranda v Arizona
The Supreme Court ruled that evidence obtained during custodial interrogations could not be used at trial unless suspect was informed
63
Miranda Warning
a.) Right to remain silent
b.) anything you say can be used in court
c.) you can have an attorney during questioning
d.) if you can afford an attorney, one will be appointed
required for custodial interrogations
64
Confrontation clause
sixth amendment states that accused as the right to confront witnesses against them
65
Exclusionary Rule
Provides that any evidence obtained by the government in violation of the Fourth Amendment
66
Exception to Exclusionary Rule
- not needed in civil cases or grand jury investigations
- not probation or parole
- standing exception(must have standing, to bring legal action by virtue of being personally harmed.
- independent source exception(evidence may be admitted if knowledge of that evidence is gained from a source that is entirely independent from a source tainted by illegality)
- attenuation exception(less than clear causal connection between illegals police action)
-good faith
inevitable discovery
67
Selective Incorporation
Applying the BOR to the states on a case to case basis
68
immutable characteristics
any physical attribute perceived as unchangeable, entrenched and innate
69
Strict Scrutiny
- strictest
- looks at fundamental rights related to race or religion
- must be narrowly tailored
70
Intermediate Scrutiny
- less strict than intermediate scrutiny
71
Rational basis
- most common of the tests
- easiest of the strictness
JUSTICE STUDIES
flashcards
Decks in class (4)
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