Term
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Definition
| said state cant impede fed gov and reinforced necessary and proper clause |
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Term
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commerce clause
said fed is supreme in all interstate commerce
gibson gets tug license from NY to work Hudson River between NY and NJ
Ogden got tug license from fed Ogden allowed to work river |
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Term
| Chicago Railroad co. V. Chicago 1897 |
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Definition
chicago didn't take RR co. to court to take property and pay them
Gov must pay you fair amount for taking property from you reinforce due process and protection clause
Support 14th ammend |
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Term
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Definition
gitlow promotes overthrow of fed gov
NY says he can't do that Fed says they can't do that
defend free speech |
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Term
| Everson V. Board of Edu 1947 |
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Definition
private religious school students use public busses and get reimbersed by city
people get mad say that is promoting religion
fed says they can b/c it's public safety
defend Free Religion |
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Term
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Definition
state sponsored non-denominational prayer not allowed
Defend Free Religion |
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Term
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Definition
fed aid to religious schools must pass 3 tests
purpose must be purely secular(science books)
can't advance/inhibit religion
gov can't get too entangled in school |
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Term
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Definition
Reynolds said he could be poligimist b/c his rel says he can
gov says rel doesn't overrule laws b/c ppl could do anything and claim their rel says it can
support free xercise clause |
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Term
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Definition
Can't cause a situation where there would be clear and present danger w/ words
ex. "fire" in theater
Free speech |
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Term
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Definition
dennis held commi parties talking bout overthrow of fed
fed says thats not allowed
overturned by "Brandenbury V. Ohio 1969"
Support freedom of expression |
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Term
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Definition
KKK meeting advocating violence
get in trouble for "imminent lawless action"
changed clear & present danger making things legal till obviously going to happen
reverse "Dennis V. U.S."
Support Freedom of expression |
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Term
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Definition
Johnson burned U.S. Flag
Fed says legal
Defend symbolic speech and Freedom of Xpression |
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Term
| Tinker V. Des Moines 1969 |
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Definition
tinker kids show dislike for nam by wearing black armbands
School suspends them
court says can't do that b/c "children do not give up all 1st ammendment rights at school house doors"
support minor's rights |
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Term
| Hazelwood v. Kuhlmeier 1988 |
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Definition
student writes an edditorial that disagrees w/ school opinions
principle removes it from the school newspaper
court allows b/c in loco parentis (while students are at school the principle acts as their guardian and can act in their interest)
minor's rights |
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Term
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Definition
student holds banner that says "Bong hits 4 Jesus" at school function
principle tells him to put it away
student argues freedom of speech
court says nonsensical messages are not protected |
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Term
| Miller V. California 1975 |
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Definition
tries to set standard of obscenity
Ecstasy of st maria statue |
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Term
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Definition
minn passes "Gag Law 1925" preventing defamatory newspapers
court outlaws law b/c you cant censor it b/c you don't know what effect it will have
fredom o press |
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Term
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Definition
Publication of classified papers
National security |
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Term
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Definition
If police are have a search warrent to look for guns in your house they cant use drugs against you in court
rights of accused |
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Term
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Definition
| cops can search your car w/o warrant on probable cause b/c if they spend time getting a warrant you could dispose of evidence |
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Term
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Definition
right to not self incriminalize
intro miranda rights |
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Term
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Definition
| right to court appointed attorney |
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