Unit 5 Flashcards
tinker v des moines
court case ruled student may wear armbands to protest the Vietnam War. the students “were not disruptive and did not impinge upon the rights of others.” symbolic expression protected by 1st and 14th
gideon v. wainwright
court ruled states are required under the 6th to provide an attorney to defendants in criminal cases to those who cannot afford one. extended right to counsel, imposed requirements in all states
brown v. board of education
“Separate education facilities are inherently unequal…such segregation is a denial of the equal protection of laws”
roe v. wade
“Roe alleged that the state laws were unconstitutionally vague and abridged her right of personal privacy, protected by 1st, 4th, 5th, 9th, 14th Amendments.
- Due process clause of 14th protects a woman’s choice to have an abortion
wisconsin v. yoder
court case held that amish students had to attend school past 8th grade violates the free exercise clause. precedent created “compelling interest” test: practices must be motivated by “sincere religious beliefs” and the state has imposed a “substantial burden” on the belief/practice
schenck v. us
distributed leaflets protesting WWI, charged with violating espionage act. court ruled espionage act did not violate 1st amendment. established “clear and present danger test” the 1st amendment does not protect soeech that causes danger to the public
engel v vitale
students required to participate in prayer in school. court ruled it was unconstitutional and violated establishment clause
new york times v. us
NYT began publishing pentagon papers and nixon administration said the release would harm national security. freedom of press (1st) and executive power and national security
mcdonald v chicago
chicago required all firearms to be registered and this banned most private citizens from owning handguns. due process clause of 14th extends the 2nd amendment right to keep and bear arms
civil liberties
protect citizens against gov (due process in 14th)
civil rights
gov protects citizens (equal protection of 14th)
selective incorporation
the court applied the due process clause of the 14th with a corresponding BoR Amendment to incorporate protections against arbitrary gov action
(applies BoR to the states)
due process clause
“no statue shall deprive any person of life, liberty, or property w/o due process of law”
equal protection clause
“no state shall deny to any person within its jurisdiction the equal protection of the laws”
establishment clause
“congress shall make no law respecting an establishment of religion”
cannot force people to practice a certain religion (1st)
