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speech evokes " a clear and present danger" is not permissible. |
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speech could be restricted if it only has a tendency to lead to illegal action. |
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Tinker v Des Moines(1969) |
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public students do no "shed their constitutional rights at the schoolhouse door" |
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Betherl SD v Fraser (1986) |
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schools can suspend students for speech considered lewd or indecent |
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Hustler v Falwell (1988_) |
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intentional infliction of emotional distress was permissibled first amendment speech, so long as speech was about public offical and factual |
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burning flag= symbolic speech |
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limited student's free speech rights |
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False info, but unknown to the fact, libel? No |
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Pentagon Papers...violated fist amendment |
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School has control of free speech in school newspapers |
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strikes by union unlawful |
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Require permit to parade or march |
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Protestors can not protest in private est. |
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Pivate organizations have the right to discriminate |
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No reading of Bible in school |
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banned schools banning evolution |
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money must be going to buses, lunches etc. of private schools, neutral about religion, avoid excessive entanglement. |
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religious reasons can pull kids out of schools |
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Employment Division v Smith |
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Can deny people who use drugs part of their religion for employment |
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Illegally obtained evidence is not substancial in court |
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State govts must provide counsel in cases involving death penaly |
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No lawyers for criminals in capital cases |
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Increased protection "exclusionary rule" |
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LAWYER REQUIRED IN ALL CASES |
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Ask for a lawyer, no lawyer, no confession |
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Defendents must know their rights |
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NO death penalty until a nice way to do it was found |
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Mandatry death penalty unconstitutional |
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Death penalty is allowed again! YAY!! |
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No death penalty for mentally challenged |
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Definition
Founders say yes to privacy!! |
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Abortion is a woman's right, right to privacy |
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Webster v Reproductive Health |
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Definition
States more power to regulate abortion |
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Planned Parenthood v Casey |
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States can regulate but no BURDENS on the woman |
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Homosex is FINE and is their right! |
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schools needed to mix their schools FAST |
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Public places NO discriminating |
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Again Public Places no Racists! |
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esTABLISHED Judicial review |
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Status quo illegal unless it was for the helping of diversity |
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JR can strike down Congressional legislation |
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States have to protect personal rights of people too |
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Withholding money for highway to change drinking age is OK |
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Congress can not regulate guns |
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Japs can not be discriminated |
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EP is not allowed in criminal cases |
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