Study Sheet for Test Four
Chapter 13: Constitutional Freedoms
Section 1: Constitutional Rights
Constitutional Rights
Selective Incorporation
The Fourteenth Amendment
Gitlow v. New York (1925)
Importance of Incorporation
Section 2: Freedom of Religion
The Establishment Clause
Religion in Public Life
Everson v. BOE (1947)
State Aid to Parochial Schools
BOE v. Allen (1968)
Three provisos for State Aid to Religious Institutions--the Lemon Test in Lemon v. Kurtzman (1971)
Engel v. Vitale (1962)
Other School Prayer Cases
The Equal Access Act
Evolution and Creation
Epperson v. Arkansas (1968)
Edwards v. Aguillard (1987)
Other Establishment Issues
Nativity Scenes (Lynch and Pittsburg cases)
Prayers in Legislatures (Marsh)
The Free Exercise Clause
Limitations on Religion
Reynolds v. US (1879)
Jacobsen v. Massachusetts (1905)
Oregon v. Smith (1990)
But religion upheld in Wisconsin v. Yoder (1972)
Don't worry about the flag salute cases.
Section 3: Freedom of Speech
Types of Speech
Pure Speech
Symbolic Speech
Regulating Speech
Clear and Present Danger Doctrine
Schenck v. US (1919)
The Bad Tendency Doctrine
Gitlow v. NY (1925) à also selectively incorporates free speech to the states.
Sedition Laws
Dennis, Yates, and Brandenburg Decisions
Other Unprotected Speech
Defamatory Speech
Slander, libel
Public Officials (Hustler Magazine)
"Fighting Words"
Chaplinsky v. NH (1942)
Student Speech
Tinker, Bethel and Hazelwood Decisions
Section 4: Freedom of the Press
Prior Restrain Forbidden
Near v. Minnesota
The Pentagon Papers
New York Times Company v. US (1971)
Free Press and Fair Trials
Pretrial and Courtroom Publicity
Sheppard v. Maxwell (1966)
Unconstitutionality of Gag Orders
Exclusion from Court
Protecting Sources
Shield Laws
Free Press Issues
The Federal Communications Commission (FCC)
Motion Pictures
E-Mail and the Internet
Obscenity
Section 5: Freedom of Assembly
Protecting Freedom of Assembly
DeJonge v. Oregon (1937)
Assembly on Public Property
Limits on Parades and Demonstration
Cox v. NH (1941)
Assembly and Property Rights
Lloyd Corporation v. Tanner (1972)
Public Assembly and Disorder
Nazis in Skokie
"The Heckler's Veto"
Irving Feiner
Feiner v. NY (1951)
Protection of Peaceful Demonstrations
Gregory v. Chicago (1969)
Don't worry about picketing law
Chapter 14: Citizenship and Equal Justice
Section 1: A Nation of Immigrants
Immigrants and Aliens
Classifying Aliens
Resident Aliens
Enemy Aliens
Refugees
Illegal Aliens
Aliens' Rights
Immigration Policy
1882-1924: The Growth of Restrictions
1924-1965: National Origins Quotas
Immigration Policy 1965-1990
Recent Changes in Immigration
Changes in Origin
Education and Skills
Special Immigrants
Private Laws
Section 2: The Basis for United States Citizenship
National Citizenship
The Dred Scott Case
The 14th Amendment
Citizenship by Birth
Jus Soli
Jus Sanguinis
Citizenship by Nationalization
Qualifications for Citizenship
Steps to Citizenship
Exceptions
Losing Citizenship
Expatriation
Punishment for a Crime
Denaturalization
don't worry about the section on responsibilities of citizens
Section 3: Equal Protection of the Law
Meaning of Equal Protection
The Rational Basis Test
Suspect Classifications
"Strict Judicial Scrutiny"
Proving Intent to Discriminate
Showing Intent to Discriminate
Washington v. Davis (1976)
Section 4: New Challenges for Civil Liberties
Affirmative Action
Regents of the University of California v. Bakke (1978)
Grutter v. Bollinger (2003) and Gratz v. Bollinger (2003)
Discrimination Against Women
The Supreme Court's Position
Reed v. Reed (1971)
Reasonableness Standard
Congressional Action
The Civil Rights Act of 1964
The Equal Employment Opportunity Act of 1974
Citizens' Right to Privacy
Griswold v. Connecticut (1965)
"penumbras and emanations"
Internet Issues
The USA PATRIOT Act
Chapter 15: Law
Section 1: Sources of American Law
Early Systems of Law
Our Legal Heritage
Constitutional Law
Statutory Law
Administrative Law
Common Law
Equity
Legal System Principles
Equal Justice Under the Law
Due Process of Law
Substantive Due Process
Procedural Due Process
The Adversary System
Presumption of Innocence
Section 2: Civil Law
Types Civil Law
Contracts
Property Law
Family Law
Torts and Civil Wrongs
Steps in Civil Case
Hiring a Lawyer
Filing the Complaint
Pretrial Discovery
Resolution Without Trial
The Award
Small Claims Court
Section 3: Criminal Law
Types of Crime
Petty Offenses
Misdemeanors
Felonies
Steps in Criminal Cases
Investigation and Arrest
Initial Appearance
Preliminary Hearing or Grand Jury
Plea Bargaining
Arraignment and Pleas
The Trial
The Decision
Sentencing
Section 4: The Rights of the Accused
Searches and Seizures (Fourth Amendment)
Payton v. NY (1980)
Special Situations (understand the concept, but no need to memorize these cases)
The Exclusionary Rule
Weeks v. United States (1914)
Mapp v. Ohio (1961)
Relaxing the Exclusionary Rule
US v. Leon (1984)
Nix v. Williams (1984)
Fourth Amendment in High Schools
New Jersey v. T.L.O. (1985)
Vernonia School District 47J v. Acton (1995)
Wiretapping and Electronic Eavesdropping
Olmstead v. US (1928)
Katz v. US (1967)
Congress and Wiretaps
The Omnibus Crime Control and Safe Streets Act (1968)
The Foreign Intelligence Surveillance Act (1978)
Guarantee of Counsel
Early Rulings
Powell v. Alabama (1932)
Betts v. Brady (1942)
Gideon v. Wainwright (1963)
Self-Incrimination (Fifth Amendment)
Escobedo v. Illinois (1964)
Miranda v. Arizona (1966)
Limits on Miranda: (Elstad, Braswell and Fulminante)
Double Jeopardy
Palko v. Connecticut (1937)
Benton v. Maryland (1969)
Cruel and Unusual Punishment
Furman v. Georgia (1972)
Woodson v. North Carolina (1976)
Gregg v. Georgia (1976)
Also:
Please know all readings assigned since the last test. Good luck!