Chapter 4 Cases Flashcards
Schenck v. U.S*
Speech becomes unprotected when it could create a clear and present danger
[Clear and Present Danger]
Brandenburg v. Ohio
Speech is not protected if it leads to imminent lawless action occur
[Direct incitement]
New York Times Co. v. U.S*
The government prevents speech before its publication.
Stromberg v. California
Symbolic speech is is an entitled first amendment protection
Tinker v. Des Moines*
The court protects symbolic speech
[Black Armbands]
Morse v. Frederick
[Bong Hits 4 Jesus]
First amendment does not protect speech that advocates for the use of illegal drugs.
R.A.V v. City of St. Paul (1992) pg72
5-4 in favor of white teen burning a cross on black people’s yard
New York Time Co. v. Sullivan
First major libel case considered by the Supreme Court. They established that a libel case against a public official could only stand if Actual malice was shown. (even emotional distress isn’t enough)
Miller v. California (1973)
Case that created the Miller Test that determines whether or not sexually explicit expression is obscene and is not protected by the constitution
DeJonge v. Oregon (1937)
Incorporated the freedom of Assembly to states
U.S v. Miller (1939)
Upheld the constitutionality of the National Firearms Act
D.C v. Heller(2008)
Clarified that the 2nd Amendment protected an individual’s right to own a firearm for personal use in DC
McDonald v. Chicago
Broadened Heller’s ruling to include all states and Incorporated the second Amendment
Weeks v. U.S (1914)
The court adopted the exclusionary rule
Mapp v. Ohio (1961)
All evidence obtained by illegal searches and seizures is inadmissible in state court.