Midterm

Political Science 330 with Sharma at University of Tennessee - Knoxville

About this deck

By: April Hartman
Created: 2010-03-02
Size: 27 flashcards
Views: 257

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Writ of certiorari

Supreme Court has agreed to hear case

Lemon test

Law/action must have secular purpose, neither advance nor inhibit a specific religion and not entangle govt. and religion

Religious Freedom Restoration Act

instructed use of Sherbert test; individual must how sincere belief & that govt. placed undue burden on them; govt. must pass strict scrutiny and have a compelling interest

Incorporation

application of a constitutional amendment to the individual states

Fighting words

personally abusive epithets that are inherently likely to provoke a violent reaction form an ordinary person

Clear and present danger

speech not protected by First Amendment if its sole purpose is to incite this

Judicial review

legislative and executive action is subject to invalidation by the judiciary

Strict scrutiny

govt. must show compelling interest and law/action must be narrowly-tailored; used in race-based discrimination and fundamental rights cases

Intermediate scrutiny

govt. must show significant interest, law/action must be narrowly-tailored and there must be ample alternatives available; used in gender discrimination and "time, place and manner" restrictions

Rational basis test

govt. must show legitimate interest and a rational relationship between law/action and legitimate state interest; used in interpretation of govt. powers related to Constitutional provisions, "quasi-suspect" classifications (ex: sexual orientation) and when no fundamental right is at stake

Public forum

needs strict scrutiny

Private forum

needs rational-basis test, sometimes intermediate scrutiny

Imminent lawless action

speech not protected by First Amendment if it has no other purpose than to incite this

Gitlow v. New York

passed out pamphlets for a socialist revolution during the Red Scare; incorporated freedom of speech; NY won

Frisby v. Schulz

people protested outside abortion doctor's house; city passes ordinance forbidding protesting in residential areas; ordinance allowed because it's content-neutral and ample alternatives are available

International Society for Krishna v. Lee

members of group were soliciting money and handing out pamphlets inside airport terminal in NY so airport authority banned it; not a violation of First Amendment because it's not a public forum; could pass out pamphlets but not solicit money

Tinker v. Des Moines

students wore anti-Vietnam War armbands and got suspended; Tinker won

Hazelwood v. Kuhlmeier

principal deleted teen pregnancy article out of school newspaper; school won

New York Times v. Sullivan

NYT printed articles about cops in Montgomery, AL during Civil Rights Movement; cops claimed they weren't true; established actual malice test; NYT won

Employment Division v. Smith

2 men were under the influence of peyote (because of a religious practice) at work, got fired without unemployment/pension because they violated Controlled Substances Act; ED won because law was neutral and generally applicable

Engel v. Vitale

voluntary and non-denominational prayer was read at school by a school agent; age of children was a factor and law was ruled unconstitutional because of the Establishment Clause (incorporated by Everson v. Board of Education)

Abingdon v. Shempp

student read 10 verses from Bible in classroom of public school and school agent recited the Lord?s Prayer before class starts (read over intercom); students could leave with a permission slip; court says no to policy because it ?promotes moral values? and therefore fails narrow-tailoring

Edwards v. Aguillard

"Creation Act? mandates that if evolution is taught, creation science must also be taught; act was unconstitutional because it specifically tried to advance one religion

Santa Fe v. Doe

student-led, student-initiated prayer at public high school football games is in violation of the Establishment Clause; the fact that the speaker was elected by the students is irrelevant; many people were required to be there (ex: band members) and because it was at a school-sponsored event it was seen as approved by the school; speech considered public and not private

McCreary County v. ACLU

10 Commandments displayed in 3 different places; SC decided that they lacked a ?genuine secular purpose?

Van Orden v. Perry

TX State Capitol had 10 Commandments outside the building; SC decided it was an independent ?passive? monument & it doesn?t constitute a violation of the establishment clause

Hustler Magazine v. Falwell

Hustler ran mock interview with Falwell talking about his ?first time? with his mom; SC ruled in favor of Hustler because there was a ?lack of intent to do harm? to Falwell

About this deck

By: April Hartman
Created: 2010-03-02
Size: 27 flashcards
Views: 257

About StudyBlue

“I have used this website for three exams, and I see a huge difference in my test results.”
Naj