Exam 2

  1. 1879 Reynolds v. US
    • 1A does not protect polygamy, neither by freedom of expression
    • or religious freedom
    • One man one woman at a time
  2. 1890 Davis v. Beason
    • No right to polygamy
    • Constitution does not protect plural marriage
    • State can compel an oath affirming compliance with law against
    • bigamy
    • Not a religious purpose
  3. 1919 Schenck v. U.S.
    • 1A does not protect anti war protesters in times of formally declared war
    • "speech which constitutes a clear and present danger" not protected
  4. 1919 Abrams v. U.S.
    1A allows government to send troops into a nations civil war w/o formal declaration
  5. 1925 Gitlow v. New York
    • 14A incorporates 1A free speech clause to the states
    • Bill of rights applies to the states
    • except 5A indictment requirement
    • except 8A ban on excessive bail
  6. 1927 Whitney v. California
    • 1A does not protect groups seeking to overthrow gov't
    • Brandeis argues against O.W. Holmes
    • Clear and present danger should err on the side of speech
  7. 1931 Near v. Minnesota
    1A no prior restraint of Media unless troops placed in harm's way
  8. 1932 Powell v. Alabama
    • 6A requires defendants have a positive right to counsel
    • Federal criminal standards applied to states
  9. 1935 Patterson v. Alabama
    • 6A holds that excluding black people from a jury list incompatible with fair
    • trial
  10. 1937 DeJonge v. Oregon
    • 1A allows a person to attend a peaceful unpopular Communist Party rally
    • (association)
  11. 1937 Palko v. Connecticut
    • Bill of Rights has a priority "implicit in the concept of ordered liberty" Cardozo
    • Federal protection of BOR apply to states (14A)
  12. 1938 Lovell v. Griffin
    1A allows religious groups to distribute lit. w/o permit
  13. 1941 Edwards v. California
    • Article I Section 8 Clause 3 allows poor to travel across state lines to live and
    • work- no anti Okie law (Great Depression)
  14. 1941 Hague v. CIO
    1A upholds freedom of assembly in public forums eg city streets
  15. 1942 Chaplinsky v. NH
    1A does not protect profane public speech "fighting words doctrine"
  16. 1943 W.V.A v Barnette
    1A students have a right not to salute flag (graven image as seen by J. Witnesses
  17. 1944 Smith v. Allwright
    15A denies state (Texas) white primary
  18. 1946 Hannegan v. Esquire
    1A denies government ability to deny mailing of "offensive" items
  19. 1947 Everson v. Bd. of Ed.
    1A establishment clause wall of separation with regard to church and state
  20. 1948 Shelley v. Kraemer
    restrictive covenants are not enforceable by the state
  21. 1949 Terminiello v. Chicago
    • 1A allows racist antisemitic speech, overturned disorderly conduct
    • foundation of speech is to "invite dispute"
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Exam 2
Political Science 3200 Exam 2