Questions and Answers
What was the holding in Barron v. Baltimore (1833)?
In Adamson v. CA (1947), the due process clause extends 5th Amendment protection to states.
False
What was the Supreme Court's decision regarding police conduct in Rochin v. California (1952)?
Duncan v. LA (1968) held that the right to a jury trial is fundamental and applies to states.
Signup and view all the answers
What was the Supreme Court's holding in McDonald v. Chicago (2010)?
Signup and view all the answers
Schenck v. US (1919) determined that distributing leaflets violated the 1st Amendment.
Signup and view all the answers
In Gitlow v. NY (1925), what was the court's decision regarding the 1st Amendment?
Signup and view all the answers
The Smith Act was ruled as violating the 1st Amendment in Dennis v. US (1951).
Signup and view all the answers
What standard was established in Brandenburg v. Ohio (1969)?
Signup and view all the answers
Roth v. US (1957) ruled that obscenity is always protected by the 1st Amendment.
Signup and view all the answers
What test was modified in Miller v. CA (1973)?
Signup and view all the answers
R.A.V. v. City of St. Paul (1992) upheld the ban on content-based speech as constitutional.
Signup and view all the answers
What was the ruling in Virginia v. Black (2003) regarding cross burning?
Signup and view all the answers
What was the court's decision in Rust v. Sullivan (1991) regarding the executive order?
Signup and view all the answers
Brown v. Entertainment Merchants Association (2011) ruled that the sale of violent video games to minors is protected by the 1st Amendment.
Signup and view all the answers
What was the court's holding in NY Times v. Sullivan (1964) regarding libel law?
Signup and view all the answers
W.V. v. Barnette (1943) determined that compulsory flag salutes in public schools are constitutional.
Signup and view all the answers
What did Tinker v. Des Moines (1969) protect?
Signup and view all the answers
Morse v. Frederick (2007) held that students have the same rights as adults regarding free speech.
Signup and view all the answers
In NAACP v. Alabama (1958), what did the court hold regarding the membership list?
Signup and view all the answers
Boy Scouts v. Dale (2000) concluded that NJ's civil rights law was in direct violation of the Boy Scouts’ 1st Amendment rights.
Signup and view all the answers
In NY Times v. US (1971), did the court find prior restraint justified?
Signup and view all the answers
What was the court's holding in Buckley v. Valeo (1976) regarding financial contributions to candidates?
Signup and view all the answers
Citizens United v. FEC (2010) found that corporate funding of independent broadcasts is limited.
Signup and view all the answers
Study Notes
Barron v. Baltimore (1833), Incorporation
- Sued for loss of property value due to city actions violating the 5th Amendment.
- Court held unanimous that the Bill of Rights does not apply to states; no compensation jurisdiction.
Adamson v. California (1947), Incorporation
- Convicted of murder, his refusal to testify was used against him.
- Court held the 5th Amendment protection from self-incrimination does not apply to states through the 14th Amendment.
Rochin v. California (1952), Incorporation
- Convicted after LAPD forced him to vomit evidence without a warrant.
- Court recognized a violation of due process, noting that police conduct must not "shock the conscience."
Duncan v. Louisiana (1968), Incorporation
- Defendant's request for a jury trial denied for a misdemeanor assault case.
- Court ruled the 6th Amendment guarantees jury trials for serious crimes, requires states to provide such trials through the 14th Amendment.
McDonald v. Chicago (2010), Incorporation
- Chicago law required firearm registration and banned unregistered guns.
- Court ruled the 2nd Amendment applies to states via the Due Process Clause as a fundamental right.
Schenck v. United States (1919), Freedom of Speech
- Distributed anti-draft leaflets, arrested under the Espionage Act.
- Court upheld the conviction, establishing the "clear and present danger" test for speech during wartime.
Gitlow v. New York (1925), Freedom of Speech
- Socialist pamphlet advocating future revolution under Criminal Anarchy Act.
- Court ruled against NY for violating the 1st Amendment; recognized incorporation via the 14th Amendment.
Dennis v. United States (1951), Freedom of Speech
- Communist leaders advocated for overthrow under Smith Act.
- Court held Smith Act constitutional, clarifying that likelihood of action is irrelevant to determine advocacy.
Brandenburg v. Ohio (1969), Freedom of Speech
- KKK leader arrested for inciting violence via rallies.
- Court ruled the law unconstitutional, establishing the "imminent lawless action" standard replacing "clear and present danger."
Roth v. United States (1957), Obscenity
- Convicted for distributing nude magazines.
- Court ruled obscenity is not protected by the 1st Amendment but recognized social importance standards.
Miller v. California (1973), Obscenity
- Adult material ads via mail led to conviction.
- Court created a three-prong test to evaluate obscenity: community standards, legality under state law, and social importance.
R.A.V. v. City of St. Paul (1992), Fighting Words
- Arrested for burning a cross on a black family's lawn under biased speech law.
- Court held the ordinance unconstitutional due to content-based discrimination.
Virginia v. Black (2003), Fighting Words
- Convicted for cross burning, deemed intimidation.
- Court ruled not all cross burning constitutes intimidation, questioning the law's application.
Rust v. Sullivan (1991), Viewpoint Discrimination
- Prohibition on abortion counseling for Title X recipients.
- Court held the executive order valid, stating the government is not obligated to fund services regardless of viewpoint.
Brown v. Entertainment Merchants Association (2011), Viewpoint Discrimination
- California's law restricting violent video games to minors challenged.
- Court ruled the law unconstitutional, citing freedom of speech without exception for violent content.
New York Times v. Sullivan (1964), Libel
- Civil rights ad contained errors; sheriff sued for libel.
- Court ruled in favor of NYT, establishing that public figures must prove actual malice for libel.
West Virginia v. Barnette (1943), Symbolic Speech
- Compulsory flag salute for students challenged.
- Court ruled forcing salutes violates the 1st Amendment; highlights individual beliefs and dissenting opinions.
Tinker v. Des Moines (1969), Symbolic Speech
- Students wore armbands to protest; sent home for it.
- Court held that non-disruptive symbolic speech is protected by the 1st Amendment.
Morse v. Frederick (2007), Symbolic Speech
- Student suspended for pro-drug banner.
- Court ruled that schools can ban promotion of illegal drugs, asserting reduced rights for students.
NAACP v. Alabama (1958), Freedom of Association
- Alabama sought the NAACP's membership list.
- Court ruled this violated the 14th Amendment, protecting free association and political advocacy.
Boy Scouts v. Dale (2000), Freedom of Association
- Boy Scouts expelled a gay leader, violating NJ civil rights law.
- Court sided with Boy Scouts, citing the 1st Amendment right to expressive association.
New York Times v. United States (1971), Freedom of Press
- Pentagon Papers published, challenged by President as prior restraint.
- Court ruled preventing publication unjustified, safeguarding press freedom.
Buckley v. Valeo (1976), Campaign Finance
- Congress limited contributions to avoid corruption.
- Court delineated between restricting individual contributions and candidate expenditures, declaring the latter unconstitutional.
Citizens United v. FEC (2010)
- Legal challenge against restrictions on corporate political spending.
- Court ruled corporate funding of independent broadcasts protected under the 1st Amendment, equating it to individual rights.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Test your knowledge on landmark Supreme Court cases related to the incorporation of the Bill of Rights and its applicability to the states. This quiz covers significant cases such as Barron v. Baltimore and McDonald v. Chicago, focusing on key constitutional principles and rulings.
