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Published byAmice Wilkerson Modified over 9 years ago
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Obscenity is not protected by the 1 st amendment
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SC broadly interprets the I.8 to allow interstate commerce to cover almost all forms of commercial activity
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Establishes Judicial Review
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Separate but equal is inherently unequal
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Establishes supremacy of the national government against state government
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Declared Gun Free School Act unconstitutional – did not fall under commerce clause
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The right to privacy give a woman the right to an abortion in the first trimester of pregnancy
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Established Clear and Present Danger test for Free Speech
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Incorporates 1 st amendment to the states – it overturns Baron v Baltimore
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Establishes a right to privacy Case involved the banning of contraceptives
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Symbolic speech of students is protected
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Rights of the accused Established the Miranda Rights
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Incorporates right to an attorney
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Incorporates 4 th amendment search and seizure
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1833 – Bill of rights do not apply to the states.
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Establishes “Actual Malice” Standard regarding public officials
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Freedom of Press – Prior Restraint – Censorship (except in rare cases) is unconstitutional
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Upheld federal spending limits However spending money to influence an election is a protected form of speech
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Flag burning is a form of symbolic speech and protected by 1 st amendment
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Established the definition for obscene materials the average person, applying contemporary community standards, find, taken as a whole, appeal to the prurient interest; that depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable state law; and that, taken as a whole, lack serious literary, artistic, political, or scientific value
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Government directed prayer in schools violates establishment clause – even if non-denomintational and students can opt out
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Establishes Lemon test The government's action must have a secular legislative purpose; The government's action must not have the primary effect of either advancing or inhibiting religion; The government's action must not result in an "excessive government entanglement" with religion
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Incorporates free exercise clause
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Declared line-item veto unconstitutional - violated separation of powers clause
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Establishes separate but equal doctrine
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Congressional districts must be equal Redistricting is not a political question thus can be ordered by the courts
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Establishes the exclusionary rule
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4 th amendment applies to public schools Must have “reasonable suspicion”
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Race may be taken into account when allowing students to higher education institutions as long as it is not the primary reason
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