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Cohen vs. CA
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Enforcement of promissory estoppel statutes isn't a violation of the 1st A
Reporter promised not to reveal Cohen's name on story about a candidate for governor.
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Brandenburg v. Ohio-1969
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Speech is directed at inciting
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Hazelwood v. Kuhlmeier (1988)
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Background:
Principal stopped the publication of two articles in the school newspaper that dealt with a student who was pregnant & about students' parents that were getting divorced.
Constitutional Question and/or Amendment:
Did the censorship of articles in the school newspaper violate the students' 1st amendment rights?
Outcome/Impact/Significance:
No- schools are allowed to set high standards for student speech.
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Snyder v Phelps
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Phelps with the Westboro baptist church had their right to assemble outside of funerals upheld as their speech was directed at a public issue and was held on public ground
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McCollum v BOE
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Voluntary classtime set aside for religious instruction ruled unconstitutional due to the separation of church and state
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Kincaid Students vs. Gibson
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Clarified distinction between college and high school publications based on maturity and age.
Yearbooks were restricted because of content and quality.
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Chaplinsky vs. New Hampshire
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Articulated the fighting words doctrine, limiting the 1st A's guarantee of free speech.
A member of Jehovah's Witness called a town marshal a goddamned fascist.
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Cantwell v. Connecticut-1940
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Cantwells message, while offensive to many, did not entail any threat of "bodily harm" and was protected religious speech.
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Miller V. California
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Ruled that Obscene material was not protected by first amendment
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US v Ross
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Search of an automobile needs no warrant
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Reynolds V. U.S.
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Reynolds convicted of bigamy, for the fact that he did it in spite of knowing it was against the law, not just for religious reasons
Wall of separation
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Gitlow V New York
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first instance of incorporation
14th amendment applies to states
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Gitlow vs. New York
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Extends 1st A protection by interpreting the 14th A as preventing deprivation of speech or press by local/state/regional governments
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Tinker v. Des Moines-1969
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Freedom of symbolic expression-you can protest how you feel as long as it doesnt interfere with with class enviornment.
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Roe v. Wade
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Background:
Jane Roe brought a case against the state of Texas claiming that their restrictive abortion laws violated womens right to privacy.
Constitutional Question and/or Amendment:
Does the constitution protect a womens right to an abortion?
Outcome/Impact/Significance:
Yes, within the first trimester. Abortion falls within the right to privacy.
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US v Santana
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Right to search with no warrant if crimes occur in plain view
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Layshock vs. Hermitage School District
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Schools can't publish students for content on personal websites.
Student suspended for content on personal MySpace page.
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Miller v. California-1973
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Obecenity is not within the area of constitutionally protected speech or press. Left up to community standards
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Pentagon Papers: NY Times vs. US
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Gov can't exercise prior restraint over a newspaper
Gov stopped NY Times from publishing stolen papers relating to US decision-making process in Vietnam
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Boy Scouts of america v Dale
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ruled that the boy scouts may discriminate against a gay leader as they are a private organization and have a policy against homosexuality
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Bethel School District v. Frasier (1986)
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Background:
Student made a speech at school for a friend running for class office. In the speech he made some offensive and lewd remarks which got him suspended.
Constitutional Question and/or Amendment:
Does the 1st amendment protect lewd speech in school?
Outcome/Impact/Significance:
No- school can regulate speech that is inconsistent with the values of public education.
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The New York Time Company v. USA (1971)
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Background:
NY Times were publishing some papers about the Vietnam war that the government said were confidential.
Constitutional Question and/or Amendment:
Can the press be censored? (prior restraint)
Outcome/Impact/Significance:
The government cannot prevent publication except in extraordinary circumstances.
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Hazelwood vs. Kuhlmeier
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Public schools can censor school-sponsored newspapers.
Principal removed articles on teen pregnancy and divorce's impact on children.
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Texas v. Johnson-1989
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Flag burning is protected expression
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Schenck v. U.S. (1919)
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Background:
Charles Schenck mailed pamphlets to those who had been drafted urging them not participate in the fighting. He was charged with violating the Espionage Act of 1917 which made obstructing the draft illegal.
Constitutional Question and/or Amendment:
Are his words protected under the 1st amendment?
Outcome/Impact/Significance:
No, his words created a clear &present danger to our country.
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Feiner v New York
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Hecklers veto
speech may be rescheduled for public safety
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US V Eichmann
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Protected Eichmanns right to burn flags. overturned flag protection act.
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Morse vs. Frederick
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Schools can prohibit students from displaying messages that promote illegal drugs.
"Bong hits 4-Jesus"
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Near vs. Minnesota
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Rejection of prior restraints on publications of the press
Near's newspaper attacked gov corruption.
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Brandenburg vs. Ohio
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Established the Brandenburg test for the incitement standard: it's not ok if the speech is trying to start lawless action and chaos.
Brandenburg's speech at a KKK event sparked the idea that he was planning chaos at a march in DC.
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Terry v Ohio
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RIght to frisk for weapon without warrant
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US v Matlock
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No warrant needed Matlock Gave consent to search
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Katz V US
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4th Amendment protects more than just places it protects people too (public phone tap)
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Lovell vs. Griffin
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1st A protects public distribution of information via pamphlets, etc.
Jehovah's Witness members were arrested for passing out pamphlets.
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Hazelwood v. Kuhlmeier-1988
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Schools retained the right to refuse to sponsor speech that was inconsistent with the standards of the school
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Buckley v. Veleo-1976
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has been overturned by Citizens United v. FEC 2010- now have the right to create as many commercials due to freedom of speech.
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Engel v. Vitale (1962)
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Background:
School in NY was requiring students to recite nondenominational prayer each day.
Constitutional Question anc/or Amendment:
Does the reading of a nondenominational prayer at the start of the school day violate the 1st amendment?
Outcome/Impact/Significance:
Yes.
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Texas v. Johnson (1989)
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Background:
A man was arrested for burning an American flag in protest.
Constitutional Question and/or Amendment:
Is flag burning a form of speech that is protected under the 1st amendment?
Outcome/Impact/Significance:
Yes.
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US v O'brien
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Burning a draft card is not a protected form of free speech. the law was for government interest and not directed at violating free speech
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Olmstead V US
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Wiretapping is only ok if it doesnt infringe on someones property rights
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Three of the most significant school rulings
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Fraser, Kuhlmeier, and Tinker
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Texas vs. Johnson
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Burning a flag in public is an expression of an idea and protected under strict scrutiny.
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Abington School District v. Schempp-1963
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Struck down a Pennsylvania law requiring that each public school day open with Bible reading- upheld establishment clause
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Tinker v. Des Moines (1969)
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Background:
Students wore black arm bands to school in order to protest the Vietnam war. They were forced to remove them and punished.
Constitutional Question and/or Amendment:
-Does the 1st amendment protect symbolic speech?
-Is that speech protected in schools?
Outcome/Impact/Significance:
Yes-symbolic speech is protected and schools cannot regulate it unless is imposes a threat.
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New York Times v. Sullivan-1964
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Newspaper has the right to say anything they wasnt aslong as they can back it up!
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New York Times V US
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The right of the NYT to publish classified pentagon material was upheld.
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Exclusionary Rule (and 2 cases)
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Evidence may not be used in court if it was obtained illegally
Established in Weeks V. US
Applied to Mapp V. Ohio
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