Mixed Civil Liberties/Rights Flashcards Preview

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Flashcards in Mixed Civil Liberties/Rights Deck (35):

Hustler magazine v. Falwell

Court held that intentional infliction of emotional distress was permissible (First Amendment speech) so long as such speech was about a public figure and could not reasonably be construed to stay actual facts about it subject

parody is not an actionable offense


Shield laws

Protect reporters in state cases not national

National level- reporters are not exempted from testifying in court and naming sources


Hazelwood school v. Kuhlmeier

School officials have sweeping authority to regulate free-speech in student run newspapers


Thornhill v. Alabama

Union strikes are not unlawful


Cox v. New Hampshire

Cities and towns could legitimately require parade permits in the interest of public order

resulted from a group of Jehovah's witnesses parading without permit


Lloyd corporation v. Tanner

Allowed owners of shopping malls to throw out people protesting the Vietnam War because smaller private spaces if

fewer assembly right on private establishments


Boy Scouts of America v. Dale

Private organizations' first amendment rights of expressive association allows them to choose their own membership and expel members based on sexual orientation even if such discrimination would otherwise be prohibited by anti-discrimination legislation designed to protect minorities in public accommodations


Epperson v. Arkansas

Epperson prohibited states from banning the teaching of evolution in public schools


The court responsible for greatly expanding protections that are granted to criminal defendants

Warren court


Powell v. Alabama

State governments must provide counsel in cases involving the death penalty to those who can't afford it

Overruled by Brady


Betts v. Brady

State governments did not have to provide lawyers to indigent defendants in capital cases

Gideon overruled


Escobedo v. Illinois

Escovedo is another important born poor decision the court held that any defendant who asked for a lawyer had to have one grandson supreme or any confession garnered after that point would be inadmissible in court


Inevitable discovery rule

Illegally seized evidence that would eventually have been found legally is also admissible in court


Exigent circumstances

Reason to believe evidence would disappear by the time they received a warrant and returned police later have to demonstrate they had probable cause in court


Bail reform act

Allowed the federal judges to denied bail to defendants considered either dangerous or likely to flee the country

Excessive bail has still not been incorporated so states can set bail as high as they please


Woodson v. NC

North Carolina try to satisfy the courts requirement that the imposition of the death penalty not be arbitrary so they made it a mandatory punishment for certain crimes the court rejected this approach and will be mandatory death penalty sentences as unconstitutional


Atkins v. Virginia

The US wind up with most other nations in the world by for bidding the execution of defendants who are mentally handicapped


Roper v. Simmons

Court declared the death penalty unconstitutional for defendants his crimes were committed as minors even if they were charged as adults


Webster v. Reproductive health services

Did not overturn Roe v. Wade but it did give states more power to regulate abortion


Lawrence v. Texas

With this ruling SOTUS struck down the criminalization of homosexual sex in Texas saying that consensual sexual conduct was part of the liberty protected under the 14th amendment

Overruled previous decision in Bowers v. Hardwick where did not find constitutional protection of sexual privacy


Planned parenthood v. Casey

Threw out Pennsylvania law requiring a woman to notify her husband before abortion

but called for parental consent, 24 hour waiting period, and states can regulate abortion but not with regulations that impose an undue burden upon women


Equal pay act

Federal law made it illegal to base and employees pay on race gender or religion or national origin


Civil rights act title VIII

Band racial discrimination in housing


Civil rights act of 1991

Erase previous decisions that have a limited the abilities of job applicants and employees to bring suit against employers with discriminatory hiring practices


Brown v. Board II

One year later the Warren Court saw that segregation was still ubiquitous
brown II- they ordered schools to desegregate with all due and deliberate speed


Heart of Atlanta Motel Inc. v. US

Said the federal civil rights act of 1964 mandated the places of public accommodation are prohibited from discrimination against African-Americans


Katzenbach v. McClung

Civil rights act of 1964 applies to virtually all businesses including private businesses


Grate v. Bollinger

Related to Grutter v. Bollinger


Family and medical leave act of 1993

Women and fathers 12 weeks of unpaid leave from work after giving birth


Civil rights restoration act of 1988

Increased potency of title IX higher education act by allowing the government to cut off all funding to school that violate the law


Lily Ledbetter fair pay act of 2009

Closed loophole that limited suits on discriminatory pay based on the timing of the issues with the first discriminatory paycheck
expanded those limits to allow suits based on any discriminatory paycheck and important adjustment for employees who learned of equities in wages or salary only after they have persisted for sometime


South Dakota v. Dole

Federal government mandated the 21-year-old by frightening to withhold federal highway funds from Allstate I did not comply held to be constitutional


US. v. Lopez

Congress had to use the commerce clause to aggressively create legislation governing what seem to be purely local matters
the court blocked them by holding that Congress does not have power to regulate guns near state operated schools


Voting rights act of 1982

Requires states to create congressional districts with minority majorities in order to increase minority representation in house

Supreme Court left unclear how government may both achieve goals including rights act and maintain the regional integrity


Preferred position doctrine

Reflects the courts believe that freedom of speech is fundamental to liberty therefore any limits on free speech must address of your eminence threats to the nation