Final - Unit 3

Lemon Test

1. Have a secular purpose 2. Neither advance nor inhibit religion (neutral) 3. No excessive entanglement between church and state

Based on the Supreme Court precedent, it is generally believed that this is the minimal acceptable size for a jury.

6

Making an intentionally false statement or having a reckless disregard for the truth o Actual malice o Prior restraint o Being a jerk o Simple malice

Actual Malice

Arizona v. Gant

Arizona v. Gant - case where Gant was arrested for driving with a suspended license, and the police searched his car and found cocaine and a handgun; Gant said the search was unconstitutional because he did so without a warrant and the SC agreed; the only way the police have a right to search his car is if the suspect has an opportunity to tamper with the materials; SC said that the car was getting impounded and the police had a chance to get a warrant and go back and search the car; limited to searches related to the particular offense that they were pulled over for

Atkins v. VA

Atkins v. VA - the case was made the mentally retarded people are protected under the 8th amendment to be free from the death penalty and it labeled under cruel and unusual punishment; the SC upheld this and said mentally challenged people have a right to cruel and unusual punishment because of our evolving standards;

Which of the tests used by the court restricts speech the most? o Clear and Present Danger o Bad Tendency o Incitement Standard

Bad Tendency

Chaplinsky v NH

Chaplinsky v. NH - Jehovah's Witness called a city marshal curse words and got arrested for violating the peace; the SC upheld the arrest saying some words - including "fighting words" - don't hold real value therefore can't be covered by the 1st amendment; 4 categories of unprotected speech: -fighting words - obscene - profane - libelous

Citizens United v FEC

Citizens United v. FEC - a movie was released within 30 days of elections discussing whether or not Hillary Clinton would make a good president; SC decided that corporate electioneering is okay and constitutional because it's not individual endorsement; the BCRA was treating corporations like people when it came to corporate spending

Which of the following is not a warrant eruption? o Stop and frisk o Plain view o Clear and present danger o Hot pursuit

Clear and Present Danger

According to the Supreme Court rulings, RLUIPA (the Religious Land Use and Institutionalized Persons Act) is:

Constitutional

Which of the following is not part of the Miller test for judging obscenity? o Contemporary Local standards o Lacks literary, artistic, political or scientific value o Depicts sex in an offensive way o Contemporary national standards

Contemporary National Standards

Which of the following is not part of the Miller test for judging obscenity? A. depicts sex in an offensive way B. contemporary national standards C. lacks literary, artistic, political or scientific value D. contemporary local standards

Contemporary national standards

What is the least restrictive type of political speech regulation? o Content-neutral o Content-based o Viewpoint-based o None of these

Content Neutral

The principle in the 5th amendment that prevents the government from trying a person for the same offense twice in the same jurisdiction.

Double Jeopardy

Employment Division v Smith

Employment Division v. Smith - Smith is fired after using peyote in religious ceremony and is denied unemployment; peyote was against the law, so SC said that it wasn't a violation of the free exercise clause; States could give exemptions, but aren't required to do so

Engel v Vitale

Engel v. Vitale - board of regents prayer; composed by state officials and deemed unconstitutional because it doesn't matter if it's nondenominational or voluntary; prayer at football games, reciting the Lord's prayer and having the 10 commandments put up is unconstitutional after this case because it's in schools and children are required to be there

The part of the Constitution involves alleged governmental support for or hostility toward religion

Establishment Clause

Everson v Board of Education

Everson v. Board of Education - public transportation case in which parents were being reimbursed because no public transportation was provided for students; some students attended catholic schools, but SC said this was a secular purpose and wasn't favoring students by religious preferences by any means; indirect aid, money went directly to parents and not through the school system

______ is the principle that illegally obtained materials may not be used as evidence in a trial.

Exclusionary Rule

If a public university has facilities that are "generally open" for use by student organizations, they may exclude religious organizations from using these facilities according to the Supreme Court. T/F

False

Parody is a fact and therefore considered libelous. T/F

False

Press freedom in the US has improved in recent years.

False

Unanimity id required for juries in both federal and state courts.

False

Unanimity is required for juries in both federal and state courts. T/F

False

This part of the Constitution involves the government's interference with the practice of a citizen's faith.

Free Exercise Clause

This part of the Constitution involves the government's interference with the practice of a citizen's faith.

Free exercise law

Gideon v. Wainwright

Gideon v. Wainwright - Gideon was denied the right to an attorney because he didn't have money; SC says that is unconstitutional and every individual deserves the right to an attorney; counsel not required in civil cases

Under the ______ test for freedom of speech established in B randenburg v. Ohio, the government has to prove that the speech is directed toward producing immediate illegal activity and the danger is real.

Incitement Standards

Incitement Standard

Incitement standard - speech advocating the use of force or crime could only be proscribed when: 1) directed to, inciting or producing imminent lawless behavior, 2) likely to incite or produce such action

Lemon v Kurtzman

Lemon v. Kurtzman - case pertaining to teachers salaries that established that books and transportation are neutral, but teachers are not; lemon test: 1. Have a secular purpose 2. Neither advance nor inhibit religion (neutral) 3. No excessive entanglement between church and state

The primary method of execution for states that have the death penalty is...

Lethal Injection

LAPS Standard

Literary, Artistic, Political, Scientific: 3 pronged test established: depicts sex in an offensive way, contemporary local standards, and literary, artistic, political or scientific meaning

McCreary Co v ACLU

McCreary Co. v. ACLU - case about Christmas display around the Court House; nativity scene is declared unconstitutional because it's inside and people are required to be in there for civil requirements; the one outside the courthouse is constitutional because people are simply passing by they aren't required to sit and stare at it; lemon test is tweaked and now ask would the average citizen walk by and question government endorsement?

Miller v. California/LAPS standard

Miller v. California/LAPS standard - Ruled for first time that a state/local community standard for judging obscenity was constitutional; majority said that offensive sexual conduct must be defined by applicable state law, must appeal to prurient interest in sex, and when considered a whole, lacks serious literary, artistic, political, or scientific value; literary, artistic, political, scientific; 3 pronged test established: depicts sex in an offensive way, contemporary local standards, and literary, artistic, political or scientific meaning

What replaced the "totality of circumstances" approach to evaluating involuntary confessions? A. good faith B. Miranda rights C. exclusionary principle D. preemptory challenges

Miranda Rights

What replaced the "totality of the circumstances" approach for evaluating whether or not confessions are voluntary?

Miranda Rights

Miranda v. Arizona

Miranda v. Arizona - people were making confessions and being pressured physiologically without being notified of their right to counsel; the court decided that it violated the 5th amendment if they were not notified of their right to counsel before self-incriminating themselves; upheld in Dickerson when Congress tried to overturn it - it had become a constitutional rule and is expect by the nation to be upheld

NY Times v US

NY Times v. US - Government used prior restraint on Pentagon papers which indicated that LBJ lied about the Vietnam War; NYTimes sued saying they should be public knowledge; SC said that prior restraint wasn't applicable because it didn't display any national security threats and didn't exhibit any military secrets and describes political decisions; papers later released in 2011

Near v MN

Near v. MN - 4 circumstances for justifying prior restraint: 1) publication of critical military information in wartime, 2) Obscene publications, 3) publications inciting "acts of violence", 4) publications that invade "private rights"

According to your class notes, which of the following practices did the Supreme Court uphold as constitutional? A. daily Bible reading in schools B. daily recitation of the Regents' Prayer in schools C. posting the Ten Commandments in classrooms D. all of the above E. none of the above

None of the Above

Which of these are not considered unprotected speech? o Obscenity o Profanity o Slander o Libelous o Offensive speech

Offensive Speech

_____ refers to the process that both the prosecution and the defense may use to strike jurors from the pool without reason or explanation.

Peremptory challenges

_____ refers to when the government forbids expression before it is published.

Prior Restraint

Which of your terms appears explicitly in the 4th Amendment (which deals with warrants/searches)?

Probable Cause

What rule/standard replaced the "totality of circumstances" approach to evaluating involuntary confessions?

Reading Miranda Rights

Religious Freedom and Restoration Act (RFRA) - also know what happens to it in Boerne v. Flores and how it's applied in Hobby Lobby v. Burwell

Religious Freedom and Restoration Act (RFRA) - also know what happens to it in Boerne v. Flores and how it's applied in Hobby Lobby v. Burwell- RFRA was in response to Smith passed by Congress and tries to reinstate compelling interest in all religious oppression cases; RFRA was struck down in Boerne v. Flores because the CS said that Congress was limiting the power of the states and Congress doesn't have the authority to interpret the Constitution; there was no way to prove that Boerne's historic preservation ordinance favored one religion or the other; in Hobby Lobby, Court decided that RFRA applies to "closely-held" for profit companies and an exemption was made for Hobby Lobby because it wasn't Congress telling the states how to implement their religious freedom rights

1. Which of the following is a true statement about the cases/concepts we studied in Unit 3? A. SCOTUS recently said that warrantless cell phone searches are permitted under the 4thAmendment, since the information could be deleted by the time police obtain a warrant. B. SCOTUS ruled that tracking a car with a GPS device is not a search under the 4th Amendment, since the device is placed on the outside of the car in "plain view." C. SCOTUS said that police dogs are exempt from the 4th Amendment warrant requirement, since the Amendment is intended to deter police misconduct. Dogs aren't humans and can't engage in misconduct D. SCOTUS said that a warrant is required if police wish to search your cell phone, given you have a "reasonable expectation of privacy" with regard to information stored on the device.

SCOTUS said that a warrant is required if police wish to search your cell phone, given you have a "reasonable expectation of privacy" with regard to information stored on the device.

Sherbert v Verner

Sherbert v. Verner - Sherbert let go from job because she couldn't work on the Sabbath and was denied unemployment from the state; SC decides in favor of Sherbert, not narrowly tailored and could have achieved goal in a way that didn't burden religion; if she wasn't exempt, it would be like a tax on her religion and a burden on her right to free exercise

Snyder v Phelps

Snyder v. Phelps - Westboro Baptist church picketed a soldier's funeral, and the father of the soldier sued for emotional distress; Supreme Court sided with Phelps saying that the freedom of speech in the 1st Amendment must be upheld; Phelps and his followers weren't saying anything that was a private matter and not targeting the family directly, as well as they were located on public property across the street; notified the police and complied with the laws set out by the city

________ refers to donations made to political parties through a loophole created by the 1974 Federal Election Campaign Act. These donations could be used for party activities, "get out the vote" drives, or issue advocacy.

Soft Money

What did the Religious Freedom and Restoration Act attempt to "restore"? A. parallel-place doctrine for conscientious objectors B. the Lemon Test C. rationality scrutiny for free exercise cases D. strict scrutiny (compelling-interest) for free exercise cases

Strict Scrutiny

What did the Religious Freedom and Restoration Act attempt to restore? o Strict scrutiny (compelling interest) for free exercise cases o The rational basis test o Lemon Test o Parallel-place doctrine for conscientious objectors

Strict Scrutiny

What establishment theory advocates for rigid division between secular and religious authorities and structures? o Strict separation/no-aid o Government-neutrality

Strict Separation/ no aid

Greece v Galloway

Supreme Court held in Town of Greece v. Galloway, that the town's practice of beginning legislative sessions with prayers does not violate the Establishment Clause of the First Amendment. It was a 5-4 decision, split along traditional right-left lines, though there is not a clear majority opinion Justice Kennedy's decision appears to rest squarely on the Court's decision in Marsh v. Chambers, which upheld the state of Nebraska's practice of opening legislative sessions with a state-appointed chaplain. Although the practice might appear to constitute an establishment of religion under the Lemon test, the Court in Marsh noted that such legislative prayers date back to the First Continental Congress and concluded that such a well-established tradition could not violate the Establishment Clause

Texas v Johnson

Texas v. Johnson - flag burning case in which Johnson was the only one arrested; SC said that burning of the flag was an expression protected under the 1st amendment; if there's a bedrock principle it's that the government can't prohibit the expression of an idea simply because people in the community are offended by it

Who wrote the prayer in question in Engel v. Vitale?

The New York State of Regents

How did the prayer challenged in Lee v. Weisman differ from the prayer upheld in Greece v Galloway?

The audience for the Greece Prayer was not coerced to participate.

Which of the following is NOT part of the Lemon Test the Court uses to discern whether or not a law violates the Establishment Clause of the First Amendment? o The primary effect of the law must be neither to advance nor inhibit religion o The state's purpose in passing the law must be secular o The law must not foster "excessive entanglement" between religion and the state o The law must not cause divisiveness between religious groups

The law must not cause divisiveness between religious groups

In the Church of the Lukumi Babalu Aye v. City of Hileah (1993) the court overturned a local ordinance banning animal sacrifices because....

The ordinance singled out only one type of conduct - religious - and made it illegal

Freedom of the press has stronger historical roots than freedom of speech.

True

The Court has accepted a two-step process for evaluating effectiveness of counsel, which includes considering 1)whether the lawyer was grossly ineffective and 2) whether this ineffectiveness would have prejudiced or changed the outcome. T/F

True

US v O'brien

US v. O'Brien - O'Brien burned his draft card on the steps of the courthouse trying to prove his freedom; US established a formula for when speech can be regulated; --legislation in government's power, --compelling government interest and unrelated to suppressing speech, narrowly tailored to achieve interest (he could have chosen other means of protesting as long as he didn't destroy the records because that's how they kept files of everyone)

Van Orden v Perry

Van Orden v. Perry - 10 Commandments on the Capitol lawn in Texas; ruled constitutional because of the history of the case; didn't apply lemon test because it looked at the history of the nation

According to Rehnquist in his dissent in Atkins, what is an appropriate form of information to consider in SC cases to determine contemporary conceptions of decency? o Work of Legislatures o Opinion polls o International law o Views of professional organizations and religious groups o All of the above

Work Legislatures

Zelman v Simmons-Harris

Zelman v. Simmons-Harris - voucher programs in failing schools; most schools that needed the voucher were private Catholic schools, but SC said it passes the Lemon Test; the law wasn't made in order to favor only Catholic schools, but instead any school that needed assistance

inappropriate standards

foreign laws, opinion polls, views of professional/religious organizations

While public opinion has fluctuated about the appropriate level of freedom of speech, public opinion has remained constant about ________.

freedom of the press and the important check it places on elected officials

appropriate standards

legislatures, sentencing jury results

Importance of Arizona v. Gant

o Reaffirms Chimel : Search is limited to immediate area w/in suspect's control o Provides clarification: Limited to searches for evidence related to this particular offense - not any offense!!!