Quiz Flashcards
(30 cards)
To win, the public figure must prove the speaker acted with _________, not just that the statement was wrong.
Actual malice
- 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.
Court Expanded the “Roth” standard for GREATER free speech
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
Miller v. California (1973)
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
New York v. Ferber (1982)
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
Brown v. Entertainment Merchants Association (2011)
Focuses on the world liberty in the due process clauses to prevent the government from enacting certain laws or regulations
Substantive Due Process
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
Griswold v. Connecticut (1965)
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
Roe v. Wade (1973)
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
Trimester Test
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
Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)
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
“Undue Burden” Test
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)
Whole Women’s Health v. Hellerstedt (2016)
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 )
June Medical Services (2020)
People cannot be forced to work against their will, unless they’ve been convicted of a crime (like prison labor) SLAVE
13th Amendment
- It gives citizenship to former slaves
- It protects your rights from being taken unfairly
- It’s used to fight unfair laws and discrimination
Has three important elements:
- State
- Person
- Equal Protection
ALL ELEMENTS MUST BE MET
14th Amendment
No one can be denied the right to VOTE because of their race, color, or being a former slave
15th Amendment
An gives congress the power to make laws to carry out what a constitutional amendment says
Enforcement Clause
- Counties
- Cities
- Towns
“State action” Requirement
Unfair or harmful treatment of a PERSON or group based on things like race, gender, religion, or nationality - with bad intent
Invidious Discrimination
The person or government MEANT to treat someone unfairly because of their race, gender, religion, or other protected trait
Discriminatory Intent
- Rational Basis
- Intermediate Scrutiny
- Strict Scrutiny
Three Test Discrimination
The government must show a very STRONG reason for treating men and women differently that the law is closely related to achieving that reason
Exceedingly Persuasive Justification
- Compelling governmental interests
- Least restrictive means
- Applies when a “ suspect class” is being discriminated against
Strict Scrutiny