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Flashcards in In Our Defense Deck (18):

First Amendment

  1. Freedom of Speech
    • Missouri Knights of the KKK v Kansas City
      • KKK wanted to have show that pushed their beliefs
      • claimed it was their 1st amendment right to free speech
      • a reverend said it was terrorism and sued
      • Ct. ruled in favor of KKK, the show was only speech and no actions were shown to have clear and present danger
      • the channel aired, although only 1 episode
  2. Freedom of the Press
    • US vs the Progressive
      • lawsuit against progressive magazine by the US dpt. of energy
      • to prevent the publication of an article revealing the secret of the H-Bomb
      • though info was found in public sources, the DOE said it pieced it all together
      • case was dropped after info was published and article was printed
      • The government may not impose prior restraint for the press, BUT a successfull diplomacy and defense requires confidentiality and secrecy to restrain the press. The gov must prove lack of safety. 
  3. Freedom of Religion
    • Lyng v Northwest Indian Cemetary Protective Association
      • the US forest service watned to complete a road to connect 2 towns that passed thru native american religious lands
      • natives fought for their land
      • Ct. allowed forest/road to be built bc there was no substantial burden and they couldnt operate if they satisfied all religions' needs
  4. Freedom of Assembly
    • Hobson v Wilson


Second Amendment

  1. Right to keep and bear arms
    • quilici v morton grove


Third Amendment

  1. Quartering troops
    • engblom v carey


Fourth Amendment

  1. unreasonable search and seizure
    • mcsurely v mcClellan
      • the mcsureleys landlord (the comptons) told them they had to leave because the C's got phone calls about the Mc's being communists
      • C's found communist books in the house and called police w a warrant prepared for seditious matter
      • docs were taken and the couple were arrested
      • the Mc's were set free but their possessions were locked away
      • John Mclellan, an AK senator, was chosen to investigate the cases and john brick the docs
      • the court kept the docs unlawfully and the items were returned and burned by the Mc's (an act of contempt)
      • they claimed exclusionary rule bc evidence seized in an illegal search cant be used in court
      • grand jury ruled in favor of Mc's


Fifth Amendment

  1. Right to a grand jury indictment
    • Rudy Linares
      • doctors refused to take sammy, son, off of life support and linares could not afford lawyer
      • rudy pointed gun on nurses and took sammy off life support
      • he turned himself in
      • tammy (mom) was reluctant to testify bc she could be charged w murder
      • grand jury voted not to indict rudy for 1st degree murder
      • a grand jury can argue and come up with many opinions better than a judge. they didnt find suffiecient evidence to prosecute.
  2. Double jeopardy
    • green v US
      • a normal man who lived w his elderly friend
      • firefighters were called and bettie was found dead and green found face down in bloody bath w stab wounds and suffering smoke inhalation
      • green claimed an intruder did the damage (except house was completley locked)
      • the judge mistakenly convicted him of murder2, when it was really murder1 or not guilty
      • his attorney said to reverse #2 murder and be tried for 1st (life sentence) BUT to try green again would be double jeopardy
      • judge didnt agree and sentenced him to death
      • green was spared after more debate
      • the law is not allowed to repeatedly convict an individual subjecting them to embarassment, expense, anxiety, or guilty appearance
  3. Right against self incrimination
    • baltimore city of social services v bouknight
  4. Due process of law
    • fuentes v shevin
  5. "takings"
    • poletown neighborhood council v detroit
      • the gov is allowed to force you to sell you buss/school/home/land for hwys/dams/parks w just compensation
      • city claimed it was taking land for GM to alleviate econ crisis and benefit to GM was coincidental
      • the people protested, mostly the local priest saying property was being taken against their will
      • GM won and employed 3,000/6,000 expected



6th amendment

  1. right to an impartial jury
    • Machetti v Linaham
  2. right to confront
    • coy v iowa
      • a girl and her friend slept in their backyard when a man approached them and moletested both
      • they believed it was their neighbor, coy, but he barely matched the girls description
      • they found a cup in coys possession from the scene but he claimed he found it
      • the girls refused to testify and see him
      • they testified in an enclosed area and refused to later speak
      • coy was released
      • claim violated due process bc screen made him appear guilty before he was properly tried
      • the state acknowledged face to face confrontation but coy v iowa was exception in that it could protect children, and no violation bw cross examination was affected
  3. right to compulsory process
    • in re myron farber
  4. right to counsel
    • us v cronic
      • 3 ppl accused of mail fraud of "check kiting" scheme where checks are transferred bw banks in FL and OK
      • a young unexperienced lawyer was assigned
      • right to counsel was violated bc of lack of time, experience, and gravity of charge
      • he went to prison and was released on double jeopardy


7th amendment

  1. right to a civil jury
    • complexity


8th amendment

  1. cruel and unusual punishment
    • tison v arizona
      • gary tison and randy greenawalt escaped from prison and killed 6 ppl
      • gary and surviving tisons were charged w 92 crimes, 4 murders
      • ricky and ray and randy were sentenced to death
      • held legally responsible for acts of their accomplices
      • sup ct ruled that a nontriggerman who does not mean to murder may be executed if participated w consent


9th amendment

  1. Rights reserved by the people
    • privacy
    • Griswold v Conneticut
      • law prohibited any drug/instrument to prevent conception, even married
      • violated at home privacy
      • state lifted ban
      • the gov cant regulate reproductivity
    • Roe v Wade
      • law ruled ban abortions except to save life of mother
      • state lifted but they are allowed to protect during 2nd/3rd trimester
      • privacy clause is broad enough to encompass womans decision whether or not to terminate her pregnancy


10th amendment

  1. powers reserved to the states
    • minimum wage


clear and present danger

  • doctrine to determine under what circumstances limits can be placed on 1st amendment freedoms of speech press or assembly
  • concept that the gov itself cant punish ppl for freedom of speech unless it creates clear and present danger



prior restraint

  • imposed censorship by the gov on expression before the expression actually takes place (prevents material from being heard/seen at all)


grand jury

  • legal body that is empowered to conduct official proceedings to investigate potential criminal charges


well regulated militia

  • necessary militia to protect the state/country is well regulated and controlled


eminent domain

  • the right of gov/agent to expropriate private property for public use with compensation


self incrimination

  • the act of exposing oneself to a crime through interrogation or voluntarily


due process

  • legal requirement that the state must respect all of the legal rights that are owed to a person


adversial legal system

  • 2 advocates represent their parties positions before an impartial person/group who attempts to determine the truth of a case