GOV CHAPTER 4

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omlormark
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115026
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GOV CHAPTER 4
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2011-11-06 21:42:18
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GOV CHAPTER 4
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  1. Barron v. Baltimore
    The1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.
  2. Gitlow v. New York
    The 1925 Supreme Court which ruled that the Fourteenth Amendment to the United States Constitution had extended the reach of certain provisions of the First Amendment, specifically the provisions protecting freedom of speech and freedom of the pres, to the governments of the individual states.
  3. 14th Amendment
    The constitutional amendment that states, "No state shall make or enforce any law which shall abridge the priveleges or immunities of Citizens of the United States."
  4. due process clause
    guarantees that persons cannot be deprived of life, liberty, or property by the United States or state governments without due process of law.
  5. incorporation doctrine
    The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable through the 14th Amendment.
  6. establishment clause
    "Congress shall make no laws respecting an establishment of religion."
  7. free exercise clause
    1st Amendment provision that prohibits government from interfering with the practice of religion.
  8. Lemon v. Kurtzman
    • 1971 Supreme Court decision that established that aid to church-related schools must:
    • have secular legislative purpose
    • have a primary effect that neither advances nor inhibits religion
    • not foster excessive government entanglement with religion.
  9. Engel v. Vitale
    (1962) state officials violated the 1st Amendment when they wrote a prayer to be recited by New York's schollchildren.
  10. Abington Township SD v. Schempp
    (1963) Pennslyvania law requiring bible reading in schools violated the Establishment Clause.
  11. prior restraint
    censorship in which certain material may not be published or communicated, rather than not prohibiting publication but making the publisher answerable for what is made known.
  12. Near v. Minnesota
    (1931) 1st Amendment protects newspapers from prior restraint
  13. Schenck v. United States
    (1919) upheld the Espionage Act of 1917 and concluded that a defendant did not have a First Amendment right to freedom of speech against the draft during World War I.
  14. Zurcher v. Stanford Daily
    (1978) a proper search warrant could be applied to a newspaper as well as to anyone else without violating the 1st Amendment.
  15. Roth v. United States
    (1957) "obscenity is not protected by freedom of speech or press"
  16. Miller v. California
    (1973) avoiding defining obscenity by holding that community standards be used to determine whether material is obsecene in terms of of appealing to a "purient interest" and being "patently offensive" and lacking in value.
  17. libel
    The publication of false or malicious statements that damage someone's reputation.
  18. probable clause
    the situation occuring when the police have rason to believe that a person should be arrested.
  19. exclusionary rule
    evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained.
  20. Mapp v. Ohio
    (1961) protection against unreasonble searches and seizures must be extended to the states as well as to the federal government.
  21. Miranda v. Arizona
    (1966) sets guidlines forpolice questioning of accused persons to protect themselves against self-incrimination.

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