Professional Documents
Culture Documents
VI. IS IT CONSTITUTIONAL?
a. Can states stop citizens from publishing pamphlets promoting ”anarchical” themes and promoting overthrow of the
government?
i. ____________________
ii. _________________________________ (1925)
VII. IS IT CONSTITUTIONAL?
a. Can states stop individuals from publishing and distributing ”obscene, malicious, scandalous, and defamatory”
materials through by stating that they will cause the public to become “upset?”
i. _____________________
ii. ____________________________________ (1931)
VIII. Rights Not Yet Selectively Incorporated
i. Third Amendment protections against quartering troops in homes
ii. Fifth Amendment right to a grand jury indictment in misdemeanor cases
iii. Seventh Amendment right to jury trials in civil cases
iv. Eighth Amendment protections against excessive bail
X. Prior Restraint
a. The right to stop publication of materials in advance (as argued in Near v. Minnesota).
b. First Amendment ___________________ us against this, as long as the materials do not promote
______________ or overthrow of the government.
XI. IS IT CONSTITUTIONAL?
a. Can the federal government use ”Prior Restraint” in stopping the publication of The Pentagon
Papers to conserve the credibility of a President?
i. NO
ii. New York Times v. U.S. (1971)
XIII. IS IT CONSTITUTIONAL?
a. Can the government stop publication and distribution of 15,000 anti-draft pamphlets printed by the
Socialist Party during WWI for the sake of protecting national security?
b. ___________________
c. __________________________________________ (1919)
XX. IS IT CONSTITUTIONAL?
a. Can Congress uphold state and federal obscenity laws when judging publications as obscene or
publications that have “utterly without redeeming social importance?”
i. _________________?
1. …..for about 15 years
ii. __________________________________ (1957)
XXII. IS IT CONSTITUTIONAL?
a. Can Congress uphold a states decision to arrest and convict an individual for wearing a jacket that
says “F**k the Draft!” in protest of the Vietnam War?
i. __________________
ii. __________________________________________ (1971)
XXVI. IS IT CONSTITUTIONAL?
a. Can Congress uphold a school’s decision to suspend a student for using lewd and sexually
suggestive language during a speech at a school assembly?
i. _________________
ii. Bethel Schools v. Fraser (1986)
XXVIII. IS IT CONSTITUTIONAL?
a. Can government prevent words that might cause a fight or a breach of the peace?
i. _____________________
ii. Chaplinsky v. New Hampshire (1942)
b. Fighting Words
i. Any speech that could cause for fighting, a breach of peace, or violence in essence.
XXXIII. IS IT CONSTITUTIONAL?
a. Can the federal government stop Mormons from practicing polygamy because of a federal anti-
polygamy law even though polygamy is based in Mormonism?
i. ______________________
ii. Reynolds v. United States (1879)
XXXV. IS IT CONSTITUTIONAL?
a. Can the federal government stop a New York school from conducting a non-denominational
prayer at the beginning of each school day by ruling it unconstitutional?
i. ____________________
ii. _____________________________________ (1962)
XXXVI. IS IT CONSTITUTIONAL?
a. Can the federal government stop a public school in Pennsylvania from conducting daily bible
readings?
i. ________________
ii. Abington School District v. Schempp (1963)
XXXVII. IS IT CONSTITUTIONAL?
a. Can a Wisconsin state law force Amish students to attend public schools?
i. __________________
ii. ________________________________________ (1972)
XL. IS IT CONSTITUTIONAL?
a. Can the federal government stop states, such as Rhode Island and Pennsylvania, from using state
funds to pay parochial school teachers?
i. _________________
ii. Lemon v. Kurtzman (1971)
XLIX. IS IT CONSTITUTIONAL?
a. If the police search a house looking for a fugitive suspect and gambling paraphernalia, don’t find those
things, but find obscene books and pictures, can they use the obscene books and pictures to convict the
owner of the house on obscenity charges?
i. _______________
ii. _________________________________ (1961)
LII. IS IT CONSTITUTIONAL?
a. A student gets caught smoking in the bathroom at school. An administrator searches that student’s
purse and finds illegal drugs, paraphernalia, and other concerning objects. The administrator turns over
the purse, and everything in the purse, to the police. Is this a legal search or was the student’s right to
privacy violated?
i. IT IS A LEGAL SEARCH!
ii. _____________________________________ (1985)