Government - Frye GPHS
Quiz 4 – Rights– Study Guide
45-50 questions / points
Main point(s) of the following Amendments - match with #
1 - five freedoms
2
4
5
6
7
8
9
The 14th amendment and incorporation
Gitlow v New York 1925
civil liberties
civil rights
O.W. Holmes in Schenck v USA 1919 “fire in a theater”; “right to swing fist”
Religion
Jefferson’s alleged “wall of separation”
no harm Reynolds v USA 1879
tax exemptions Walz v NYC Tax Commission 1970
Welsh v USA 1970 conscientious objectors
Pierce v Society of Sisters 1925 (Or) cannot require public school
Lemon v Kurtzman 1971 limited connection
Mueller v Allen 1983 vouchers tax credits for private ed OK
W Va Bd of Ed v Barnette 1943 flag salute not req. (JWs)
Engel v Vitale 1962, Abington v Schempp 1963 - no prayer, Bible from staff
Westside Cmty Schools v Mergens student rights
Edwards v Aguillard 1987 ban on Creation [evolution is the only accepted teaching on
origins]
Lukumi Babalu Aye v. City of Hialeah Fl.– voodoo chicken case; religious exemptions can be
made for laws
SPEECH & PRESS
Prior restraint
libel, slander, endangerment, incitement, false ad
obscenity
Flag burning Texas v Johnson 1989
Tinker v DesMoines 1973 school armbands, student rights
symbolic speech
“censorship”
Why radio and TV broadcasting are different than most forms of free speech
Buckley v Valeo 1976 – Though direct gifts can be regulated, money spent independently
cannot - money is speech...Including groups - Citizens United v FEC 2010
ASSEMBL Y - can be regulated for order but not content
Madsen v Women’s Health Services 1994 - no protest zone
Boy Scouts v Dale 2000 – no forced association (gay scouts denied)
2nd Amendment USA v Miller 1939 - can be limited and regulated
DC v Heller 2007 – but state/local cannot ban gun ownership altogether
9th Amendment - unenumerated rights
Right to Privacy - Griswold v Conn.1965
Abortion - Roe v Wade 1973
Trimester 1 - unlimited right
Planned Parenthood of S.PA v Casey 1990 - rules that do not burden can be imposed.
Trimester 2 - limits for benefit of woman
Trimester 3 - limits for unborn child inc. prohibit
Webster v Reproductive Health Services 1990 - 20+weeks/viable fetus can be protected by
state law ; Ohio v Akron Ctr for Repro Health 1990- minor notification
Lawrence v Texas 2003 –cannot regulate sex between 2 consenting adults {gay rights}
TRIAL RIGHTS
JUDICIAL REVIEW
4th Amendment
Exclusionary Rule evidence must be seized legally; warrant
Mapp v Ohio 1961 (all)
Katz v USA 1967 – wiretaps
EXCEPTIONS
“Movable scenes of crime,” i.e, cars, evidence in plain view (Minnesota v
Carter 1999), endangerment of life (weapon) or evidence, “hot pursuit”
“honest mistake,”
5th Amendment
Life, Liberty, Property cannot be taken with out due process
Eminent domain Kelo v New London 2005 – “public benefit”
Grand jury
Right to remain silent [for self-incrimination only]
No torture Ashcroft v Tennessee 1944
Miranda v Arizona 1967
6th Amendment
Speedy Trial, Public Trial, Jury Trial
Adequate Defense – counsel, discovery, subpoena
Gideon v Wainwright 1963
Escobedo v Illinois 1962
8th Amendment
No excessive bail
Nor cruel and unusual punishment
Death Penalty legal (Wilkerson v Utah 1879)…stricter rules in Furman v
Georgia 1976.
Murder, treason, espionage only/ Age 18; Separate decision by a jury