constitional law
What must police advise suspects of, according to Miranda v. Arizona?
Their right to remain silent and to an attorney.
What rule was established in Sherbert v. Verner when the government substantially burdens religion?
The strict scrutiny test applies to government action.
What rule did Mahanoy Area School District v. B.L. establish regarding off-campus student speech?
Off-campus speech receives stronger First Amendment protection.
How did Brandenburg v. Ohio impact speech protection compared to Schenck v. United States?
It provided a much stronger protection for speech than previously.
In Near v. Minnesota, the Supreme Court held that the government generally cannot do what?
Stop publication of materials beforehand.
Under the 'clear and present danger' standard from Schenck v. United States, when may speech be restricted?
If it directly incites immediate violence or public harm.
What does the Fourth Amendment primarily protect against?
Unreasonable searches and seizures by authorities.
The 'exclusionary rule' means that:
Illegally obtained evidence cannot be used in a court of law.
What did Burwell v. Hobby Lobby Stores, Inc. decide regarding religious liberty?
Closely held corporations may assert religious liberty claims.
What was the holding in Engel v. Vitale concerning school-sponsored prayer?
School-sponsored prayer violates the Establishment Clause.
What was the central issue in Schenck v. United States?
Whether anti-draft leaflets could be restricted during wartime.
What does the Establishment Clause of the First Amendment prohibit?
Government establishment of an official national religion.
What does the First Amendment primarily protect from government censorship, according to the core constitutional principle?
Freedom of speech, press, and symbolic expression.
Which of these is a component of 'actual malice' in defamation law?
Knowing falsity or reckless disregard for the truth.
What was the Supreme Court's holding in Brandenburg v. Ohio regarding speech prohibition?
Speech can be prohibited if it intends and is likely to produce imminent lawless action.
What did the Supreme Court hold in Texas v. Johnson?
Flag burning is protected as symbolic political expression.
What is 'prior restraint' in the context of freedom of the press?
Government censorship before publication occurs.
What does the Free Exercise Clause of the First Amendment prevent?
Government from unfairly burdening religious practice.
What rule did Mapp v. Ohio establish for illegally obtained evidence?
It cannot be used in state courts as admissible evidence.
What rule did Terry v. Ohio establish for police stops and frisks?
Police may stop and frisk based on reasonable suspicion.
What did Snyder v. Phelps affirm about speech on matters of public concern?
It is protected even if deeply offensive to some individuals.
What must public officials prove in a defamation case, according to New York Times Co. v. Sullivan?
That the statement was made with actual malice.
What was the holding in Plessy v. Ferguson that allowed racial segregation?
That 'separate but equal' facilities were constitutional.
What was the key distinction in Kennedy v. Bremerton School District regarding prayer?
Private religious expression is not government establishment.
According to Carroll v. United States, when may police search cars without warrants?
If there is probable cause and cars are mobile.
What did Gideon v. Wainwright establish for indigent defendants?
They have the right to legal counsel for their defense.
Which of the following is NOT a component of the Imminent Lawless Action Test?
Offensiveness of the speech content.
In Morse v. Frederick, the Supreme Court held that schools may restrict speech promoting what?
Illegal drug use or its glorification.
Under Tinker v. Des Moines, schools may restrict student speech if it causes what?
Material disruption or substantial interference.
What did United States v. Jones decide regarding GPS tracking?
Attaching GPS to a vehicle without a warrant violated the Fourth Amendment.
What did Brown v. Board of Education decide regarding segregated educational facilities?
They were inherently unequal and therefore unconstitutional.
How did Employment Division v. Smith change the standard for free exercise claims?
It held neutral laws of general applicability are constitutional even if they burden religion.
What is the 'good faith exception' from United States v. Leon?
Evidence is admissible if police acted in good faith, even with a defective warrant.
What is defined as 'conduct communicating an idea'?
Symbolic speech through actions and gestures.
What principle did Tinker v. Des Moines establish regarding student speech?
Students retain their constitutional rights unless speech causes disruption.
Which element is NOT part of the Imminent Lawless Action Test?
Offensiveness of content
What is the key distinction between the rulings in Tinker v. Des Moines and Morse v. Frederick?
Tinker protected political protest, Morse restricted drug promotion.
What was the significance of Brandenburg v. Ohio in relation to Schenck v. United States?
It established a stronger protection for speech.
Under Brandenburg v. Ohio, when can speech be prohibited?
If it is intended and likely to produce imminent lawless action.
How is "Symbolic Speech" defined in constitutional law?
Conduct that communicates a specific idea.
What rule did Terry v. Ohio establish for police stops and frisks?
Police may stop and frisk based on reasonable suspicion.
What rule did Carroll v. United States establish regarding searching automobiles?
Cars can be searched without warrants if probable cause exists.
What does the First Amendment primarily protect?
Freedom of speech and from censorship
What did Engel v. Vitale rule about school-sponsored prayer?
School-sponsored prayer violates the Establishment Clause.
What is the definition of "Prior Restraint" as a key term?
Government censorship before publication.
What was the Supreme Court's holding in Texas v. Johnson concerning flag burning?
Flag burning is protected as symbolic speech.
What rule did Sherbert v. Verner establish when the government burdens religious practice?
Strict scrutiny applies to such government burdens.
What legal standard did Schenck v. United States establish for restricting speech?
The clear and present danger test
What was the holding in Olmstead v. United States regarding wiretaps without physical trespass?
Wiretaps without physical trespass were constitutional.
What does the Free Exercise Clause of the First Amendment protect?
Government from unfairly burdening religious practice.
What did Tinker v. Des Moines establish regarding students' constitutional rights?
Students retain constitutional rights in schools.
What did Near v. Minnesota establish regarding government's ability to stop publication?
Government generally cannot stop publication beforehand.
What does the Establishment Clause of the First Amendment prohibit?
The government from establishing a religion.
What principle was established in Mapp v. Ohio regarding illegally obtained evidence?
Evidence from unconstitutional searches cannot be used in state courts.
What must police advise suspects of, according to Miranda v. Arizona?
Their right to remain silent and to an attorney.
What rule did Mahanoy Area School District v. B.L. establish regarding off-campus student speech?
Off-campus speech receives stronger protection.
What must public officials prove to win a defamation claim against a media outlet, according to New York Times Co. v. Sullivan?
The statement was false and made with actual malice.
What does the Fourth Amendment primarily protect against?
Unreasonable searches and seizures by the government.
What was the holding in Schenck v. United States regarding speech during wartime?
Speech creating a clear and present danger may be restricted.
What did Morse v. Frederick allow schools to restrict?
Speech promoting illegal drug use among students.
What did Burwell v. Hobby Lobby Stores, Inc. establish about religious liberty claims?
Closely held corporations may assert religious liberty claims.
Under what condition may schools restrict student speech according to Tinker v. Des Moines?
If it causes material disruption or substantial interference.
What did United States v. Jones rule about attaching a GPS to a vehicle without a warrant?
Attaching a GPS to a vehicle without a warrant violated the Fourth Amendment.
What exception to the exclusionary rule was created in United States v. Leon?
The good faith exception for defective warrants.
What was the holding in Employment Division v. Smith regarding neutral laws of general applicability?
Neutral laws are constitutional even if they burden religion.
Which of the following defines "Actual Malice" in defamation cases?
A knowing falsity or reckless disregard for truth.
What was the importance of the ruling in New York Times Co. v. United States?
It was a massive victory for freedom of the press.
What key distinction was made in Kennedy v. Bremerton School District regarding a coach's prayer?
Private religious expression is not government establishment.
Which concept is illustrated by Justice Holmes' quote, "You cannot falsely shout fire in a crowded theater"?
Speech protections are not absolute and have limits.
What was the Supreme Court's holding in Snyder v. Phelps regarding offensive speech at public events?
Speech on public concern is protected, even if offensive.