Quiz Flashcards

(30 cards)

1
Q

To win, the public figure must prove the speaker acted with _________, not just that the statement was wrong.

A

Actual malice

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2
Q
  • Jacobellis- Added obscenity must also be ”utterly without
    redeeming social importance” and would use the nation as the
    “community.”
  • Memoirs: If even a “modicum of social value,” publication won’t
    be considered obscene.
A

Court Expanded the “Roth” standard for GREATER free speech

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3
Q

Marvin M_______, owner of a mail-order business, sent out unsolicited brochures with sexually explicit material to advertise adult books and films.
A restaurant owner who received the ad complained to the police.
- Violated 1st amendment rights
Ruling: Lost

A

Miller v. California (1973)

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4
Q

Paul a bookstore owner in New York, was convicted for selling films that showed young boys masturbating.
The films were considered child pornography, but
- argued that they were not legally “obscene” under the Miller Test and that the First Amendment protected them.
- Ruling: Lost

A

New York v. Ferber (1982)

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5
Q

California passed a law banning the sale of violent video games to minors, requiring labeling and parental consent.
The Entertainment Merchants Association (video game industry group) challenged the law,
- arguing it violated the First Amendment
- Ruling: Won

A

Brown v. Entertainment Merchants Association (2011)

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6
Q

Focuses on the world liberty in the due process clauses to prevent the government from enacting certain laws or regulations

A

Substantive Due Process

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7
Q

A Connecticut law made it illegal for married couples to use contraceptives or for anyone to help them obtain them
Estelle_______, director of planned parenthood in Connecticut, and doctor gave contraceptive advice and prescription to married couples
- They were arrested and fine
- Does the constitution protect the right of marital privacy against a state law banning contraceptives?
Ruling: Won

A

Griswold v. Connecticut (1965)

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8
Q

Women in Texas women who wanted an abortion, Texas law banned abortions except to save the mother’s life
challenge the law, saying it violated her constitutional right to privacy
Ruling: Won

A

Roe v. Wade (1973)

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9
Q

The _____________ was created by the Supreme Court in Roe v. Wade to balance a women’s right to choose an abortion with the government’s interest in protecting life and health

A

Trimester Test

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10
Q

Pennsylvania passed a law with several abortion restrictions, including:
- 24 hour waiting period
- Parental consent for minors
- spousal notification
- Informed consent requirements
- Is it violated without a woman’s constitutional rights
- Ruling: Yes

A

Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)

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11
Q
A
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12
Q

Test consist of:
- Blocks or severely limits access to abortion before the fetus is viable
- Delays the procedure in harmful ways
- Pressures or intimidate the women into not having an abortion

A

“Undue Burden” Test

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13
Q

Two main abortion restrictions:
- Abortion doctors had to have admitting privileges at a hospital within 30 miles
- Clinics had to meet the standards of an ambulatory surgical center ( case)

A

Whole Women’s Health v. Hellerstedt (2016)

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14
Q

Louisiana passed a law requiring abortion providers to have admitting privileges at a nearby hospital
This law was nearly identical to the one struck down in : Whole Woman’s Health V Hellerstedt ( case )

A

June Medical Services (2020)

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15
Q

People cannot be forced to work against their will, unless they’ve been convicted of a crime (like prison labor) SLAVE

A

13th Amendment

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16
Q
  1. It gives citizenship to former slaves
  2. It protects your rights from being taken unfairly
  3. It’s used to fight unfair laws and discrimination

Has three important elements:
- State
- Person
- Equal Protection
ALL ELEMENTS MUST BE MET

A

14th Amendment

17
Q

No one can be denied the right to VOTE because of their race, color, or being a former slave

A

15th Amendment

18
Q

An gives congress the power to make laws to carry out what a constitutional amendment says

A

Enforcement Clause

19
Q
  1. Counties
  2. Cities
  3. Towns
A

“State action” Requirement

20
Q

Unfair or harmful treatment of a PERSON or group based on things like race, gender, religion, or nationality - with bad intent

A

Invidious Discrimination

21
Q

The person or government MEANT to treat someone unfairly because of their race, gender, religion, or other protected trait

A

Discriminatory Intent

22
Q
  • Rational Basis
  • Intermediate Scrutiny
  • Strict Scrutiny
A

Three Test Discrimination

23
Q

The government must show a very STRONG reason for treating men and women differently that the law is closely related to achieving that reason

A

Exceedingly Persuasive Justification

24
Q
  1. Compelling governmental interests
  2. Least restrictive means
  3. Applies when a “ suspect class” is being discriminated against
A

Strict Scrutiny

25
The equal protection rule from the 14th Amendment (which limits states) is also applied to the federal government through the 5th Amendment’s Due Process Clause
Reverse Incorporation
26
Louisiana had a law requiring separate train cars for Black and white passengers, Homer_______ , who was 7/8 white and 1/8 black at in a “white-only” car and was arrested - Violated 14th Amendment Ruling: Lost
Pleasure v. Ferguson (1896)
27
In many states, Black and white students were required to attend separate schools under state laws Linda______, a black student had to travel far to attend a segregated school, even though a white school was closer - Violated 14th amendment’s equal protection clause - Ruling: Won
Brown v. Board of Education (1) (1954)
28
After 1954 decision ( _________)ruled school segregation unconstitutional, the court needed to decide how and when public schools should desegregate -Should states “carry out” the ruling from Brown I? ( case)
Brown v. Board of Education (II) (1955)
29
Although Brown v. Board (1954) declared school segregation unconstitutional, many schools in the South remained segregated in practice. In Charlotte, North Carolina, the school district had mostly Black and white students in separate schools, even after years. A federal court ordered a busing plan to help integrate the schools - Ruling: Won ( required busing and other remedies )
Swann v. Charlotte- Mecklenburg Board of education (1971)
30
Seattle and Louisville used race as a factor to assign students to public high schools. Their goal was to keep schools racially balanced and avoid re-segregation. Some parents argued this was unfair and violated the Constitution Ruling: Lost ( violated 14th amendment)
Parents Involved in Community Schools v. Seattle School District No. 1 (2007)