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Mentally review now!. Can you Match? Summarize where the line is drawn?. Cases Day 1+2. Schenck v. US (1919) Gitlow v. New York (1925) Tinker v. DesMoines (1969) Texas v. Johnson (1989) Buckley v. Valeo (1976) Citizens United v. Federal Election Commission (2010)

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mentally review now
Mentally review now!

Can you Match? Summarize where the line is drawn?

Cases Day 1+2

Schenck v. US (1919)

Gitlow v. New York (1925)

Tinker v. DesMoines (1969)

Texas v. Johnson (1989)

Buckley v. Valeo (1976)

Citizens United v. Federal Election Commission (2010)

Miller v. California (1972)

Bethel v. Fraser (1986)

Ashcroft v. ACLU (2004)

Mapp v. Ohio (1961)

New Jersey v. TLO (1985)

Gideon v. Wainwright (1963)

  • Engel v. Vitale (1962)
  • Abington School District v. Schempp (1963)
  • Lemon v. Kurtzman (1971)
  • Employment Division of Oregon v. Smith (1990)
  • Zelman v. Simmons – Harris (2002)
  • Near v. Minnesota (1931)
  • NY Times v. US (1971)
  • Hazelwood School District v. Kuhlmeier (1988)
review day 2
Review Day 2




Prior restraint

Near v. Minnesota or NY Times v. US

Campaign funding

The exclusionary rule

Establishment clause

  • Gideon v. Wainright established the right to __________.
  • The precedent set in Hazelwood School District v. Kuhlmeir was that _______ can exist in a school environment.
  • The case that had the opposite decision (than 2) when applied to adult society as a whole was ___________.
  • Buckley v. Valeo gave 1st amendment protection to __________ .
  • Mapp v. Ohio established __________.
  • Lemon v. Kurtzman established a 3 part test to see if __________ was violated.

Name 3 of the 5 liberties guaranteed in the 1st amendment.

Amendment 5 - Trial and Punishment, Compensation for Takings.
  • No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
cases defendants
CASES: Defendants
  • Gideon v. Wainwright (1963)
  • Miranda v. Arizona (1966)
case property rights v public welfare
CASE: Property Rights v. Public Welfare
  • Property rights closely connected with liberty and freedom
  • Kelo v. New London (2005)
  • Limits on property rights
    • Protect public welfare
    • Eminent domain
rights of the accused
Rights of the Accused

Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses.

  • In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
rights of the accused1
Rights of the Accused

Amendment 8 - Cruel and Unusual Punishment.

  • Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
rights of the accused2
Rights of the Accused
  • Excessive Bail:
    • 8th Amendment;
    • Bail must bear some relationship to gravity of offense and likelihood of “jumping”
  • Cruel and Unusual Punishment
due process
Due Process
  • Procedural: fair procedures (observe BOR, provide reasonable notice, etc)
  • Substantive: Laws themselves MUST be fair
  • Your turn: Classify the following
    • Police strip searches
    • Compulsory vaccination
    • Minimum wage
    • Firing city employee w/out a hearing
which of the bor are most important
Which of the BOR are most important?
  • Amendment Nine
    • The listing of rights in the Constitution does not deny those retained by the people.
  • Amendment Ten
    • States Rights Best Friend
9 th amendment
9th Amendment
  • 9th Amendment:
    • Created because it is impossible to list all rights protected
  • Right to Privacy???
    • Doesn’t exist in the constitution
    • Why Roe? Why right?
cases privacy
CASES: Privacy?
  • Griswold v. Connecticut (1965)
  • Roe v. Wade (1973)
  • Webster v. Reproductive Health Services (1989)
  • Planned Parenthood v. Casey (1992)
  • Gonzales v. Carhart (2007)
  • Lawrence v. Texas (2003)
  • US v. Windsor (2013)