UNIT VI ELIGIBLE COURT CASES
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Miranda v. Arizona
Q: Do people have to answer questions that could incriminate them
A: The court ruled that they do not have to answer it, the fifth amendment applies.
Roe v. Wade
Q: Does the Constitution embrace a woman's right to terminate her pregnancy by abortion?
A:The court held that she has the right to it for the first trimester.
Plessy v. Ferguson
Q: Is Louisiana allowed to segregate trains, is it violating people's rights?
A: Louisiana is not allowed to do this as it violates the rights of people.
Brown v. Board of Education
Q: Does the segregation of schools based on race deprive the minority children of equal protections?
A: Yes, Racial segregation in public education is detrimental as it is interpreted as a sign of inferiority.
Gitlow v. New York
Q: Is New York punishing advocacy for overthrowing the gov't with force a violation of the free speech.
A: The first amendment does apply, BUT the state can forbid speech and publications that could endanger public security even if it doesn't create a clear and present danger.
New York Times v. Sullivan
Q: Did the Nixon administration's efforts to prevent the publication of what it termed "classified information" violate the First Amendment?
A: Yes, they can't use the vague term security and make it so that no one can read it. The publication would not cause an inevitable, direct, and immediate event imperiling the safety of American forces.
Schenk v. U.S.
Q:Are Schenck's actions (words, expression) protected by the free speech clause of the First Amendment?
A: Yes, since it was a time of war, certain utterances made during peace time could be punished.
Texas v. Johnson
Q: Is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment?
A: It is allowed as it was a form of symbolic speech, it could not be censored just because a few people took offense to it.
Bethel v. Fraser
Q:Does the First Amendment prevent a school district from disciplining a high school student for giving a lewd speech at a high school assembly?
A: It is not allowed as it is in an educational environment, the school can prohibit certain kinds of speech so long as it does not disrupt the educational process.
Tinker v. Des Moines
Q: Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the students' freedom of speech protections guaranteed by the First Amendment?
A: It is protected as a symbolic form of speech as it does not disrupt the educational process.
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