UNIT 3 Flashcardizz Test

Front

Feds ask for PRIOR RESTRAINT (ability to censor something before it is published) to stop publishing the Pentagon Papers. This freedom of the press case led to a ruling that the government may not censor information unless it revels secrets involving national security.

Back

NY Times v. U.S. (1971)

Front

Members of the Amish faith challenged a state law requiring all children be educated until the age of 16. Their use of the Free Exercise clause of the 1st amendment succeeded, allowing them to choose to leave school after the 8th grade. Which case is this?

Back

Wisconsin v. Yoder (1972)

Front

A security guard is banned by law from bringing his handgun home with him. SCOTUS rules a ban on handgun ownership violates the 2nd amendment. This case is an INCORPORATION case, meaning it extended the 2nd amendment onto states and cities with its decision. Which case is this?

Back

McDonald v. Chicago (2010)

Front

A Freedom of Speech case, with a new SCOTUS standard/precedent claiming that words present a "clear and present danger" of criminal action can be punished by law. A man claiming "free speech" protection for telling others to avoid the draft loses and his conviction stands.

Back

Schenck v. US. (1919)

Front

A freedom of speech case regarding whether students can be punished for symbolic speech that could be controversial and disruptive to the education process. Students do not give up their rights when they come to school, the court ruled.

Back

Tinker v. Des Moines (1969)

Front

An incorporation case involving a man charged with breaking and entering/burglary who claims he was tried without representation by counsel, leading to a SCOTUS decision that the 14th amendment's DUE PROCESS clause incorporates the 6th amendment onto the states.

Back

Gideon v. Wainwright (1963)

Front

Teachers begin each day by leading students in prayer, and parents object. They claim the school is violating the establishment clause of the first amendment. The SCOTUS agrees, ruling that since attendance in school is compulsory, kids are being subjected to undue influence to promote religion. Which case is this?

Back

Engel v. Vitale (1963)

Front

A 14th amendment EQUAL PROTECTION clause case, this case ignored the principle of "stare decisis", overturning an existing precedent that said segregation with equal treatment is not unconstitutional. Segregating schools based on race violates the Constitution.

Back

Brown v. Board of Education (1954)

Front

In Tinker v. Des Moines (1969), the Supreme Court upheld a student's right to wear an armband in protest. The wearing of the armband was protected as a form of which of the following?

Back

Symbolic speech

Front

Which of the following correctly describes the concept of prior restraint? Options: The government attempting to prevent something from being published by the press, The right of individuals to plan, coordinate, and execute peaceful methods of protest, The punishment of individuals for making statements critical of the government, The Supreme Court blocking government action on the grounds that it is unconstitutional

Back

The government attempting to prevent something from being published by the press