Supreme Court Cases
... money for them to provide their children with a quality education. The lawsuit is commonly known as Leandro, after a named plaintiff in the case. Six urban school districts also asked to be parties to the Leandro lawsuit, stating that the state funding formula did not provide them with sufficient mo ...
... money for them to provide their children with a quality education. The lawsuit is commonly known as Leandro, after a named plaintiff in the case. Six urban school districts also asked to be parties to the Leandro lawsuit, stating that the state funding formula did not provide them with sufficient mo ...
Gitlow v. New York Case Information: Gitlow v
... Legal Reasoning of the Majority: In delivering the opinion of the Court, Justice Sanford held that: • Gitlow's actions (publication and attempt to mass distribute) constituted expressive conduct, allowing for a First Amendment claim. • The statute in question "does not penalize the utterance or publ ...
... Legal Reasoning of the Majority: In delivering the opinion of the Court, Justice Sanford held that: • Gitlow's actions (publication and attempt to mass distribute) constituted expressive conduct, allowing for a First Amendment claim. • The statute in question "does not penalize the utterance or publ ...
Chapter 15 notes – First Amendment Freedoms
... o Judging: Drawing the Line Historical Constitutional Tests These were used in the first part of the 20th century, they’re no longer applied but they provide background for current judicial approach to government regulation of speech and protection of free speech Define bad tendency test – ...
... o Judging: Drawing the Line Historical Constitutional Tests These were used in the first part of the 20th century, they’re no longer applied but they provide background for current judicial approach to government regulation of speech and protection of free speech Define bad tendency test – ...
Timeline of Personhood Rights and Powers
... corporation in America has led men of this generation to act, at times, as if the privilege of doing business in corporate form were inherent in the citizen; and has led them to accept the evils attendant upon the free and unrestricted use of the corporate mechanism as if these evils were the inesca ...
... corporation in America has led men of this generation to act, at times, as if the privilege of doing business in corporate form were inherent in the citizen; and has led them to accept the evils attendant upon the free and unrestricted use of the corporate mechanism as if these evils were the inesca ...
Corporations gain or lose Rights and Powers
... In one of these cases, San Mateo County v. Southern Pacific Railroad, it was argued that corporations were persons and that the committee drafting the 14th Amendment For the first time corporations have claim to the Bill of Rights. had intended the word person to mean corporations as well as natural ...
... In one of these cases, San Mateo County v. Southern Pacific Railroad, it was argued that corporations were persons and that the committee drafting the 14th Amendment For the first time corporations have claim to the Bill of Rights. had intended the word person to mean corporations as well as natural ...
Reflections on the Bicentennial of the United States Constitution
... further than the first three words of the document's preamble: "We the People." When the Founding Fathers used this phrase in 1787, they did not have in mind the majority of America's citizens. "We the People" included, in the words of the Framers, "the whole Number of free Persons."' On a matter so ...
... further than the first three words of the document's preamble: "We the People." When the Founding Fathers used this phrase in 1787, they did not have in mind the majority of America's citizens. "We the People" included, in the words of the Framers, "the whole Number of free Persons."' On a matter so ...
Political Development and the Origins of the "Living Constitution"
... Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under the government of individual men, who, for the time being have the power to ...
... Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under the government of individual men, who, for the time being have the power to ...
Understanding Florida`s Home Rule Powers for Cities and Counties
... The U.S. Constitution makes no mention of the powers related to local governments – the 10th Amendment reserves those powers to the state. During the 18th century, cities, counties and parishes across the nation derived their powers from their state constitutions, and these local governments relied ...
... The U.S. Constitution makes no mention of the powers related to local governments – the 10th Amendment reserves those powers to the state. During the 18th century, cities, counties and parishes across the nation derived their powers from their state constitutions, and these local governments relied ...
Libel - Public Officials - Villanova University School of Law Digital
... the question of the limitations upon the power to award damages for libel of a public official. 21 The Court in that case was evenly divided, and thus there was no precedent restricting the instant decision. Although urged by counsel for defendant that no attack on an official's reputation in his of ...
... the question of the limitations upon the power to award damages for libel of a public official. 21 The Court in that case was evenly divided, and thus there was no precedent restricting the instant decision. Although urged by counsel for defendant that no attack on an official's reputation in his of ...
Civil Rights and Civil Liberties
... A recent controversy over the establishment clause concerns school vouchers, government money given to parents to help pay for tuition at private schools. Some states and municipalities have created voucher programs to help parents get their children out of poorly performing public schools. Opponent ...
... A recent controversy over the establishment clause concerns school vouchers, government money given to parents to help pay for tuition at private schools. Some states and municipalities have created voucher programs to help parents get their children out of poorly performing public schools. Opponent ...
Supreme Court Cases
... free speech is constitutionally protected; link to Tinker v. Des Moines, 1969; “Government may not prohibit the expression of an idea [because it is] offensive”. Planned Parenthood v. Casey (1992) Right to Privacy States can regulate abortion, but not with regulations that impose “undue burden” upon ...
... free speech is constitutionally protected; link to Tinker v. Des Moines, 1969; “Government may not prohibit the expression of an idea [because it is] offensive”. Planned Parenthood v. Casey (1992) Right to Privacy States can regulate abortion, but not with regulations that impose “undue burden” upon ...
Free Speech - ACLU of Oregon
... to government information, and most of their court challenges involve situations where agencies refuse to provide that access. (Please see the Resources sidebar for a listing of sites dedicated to freedom of information issues) A newer player, Privacy, has now entered the fray, creating a flurry of ...
... to government information, and most of their court challenges involve situations where agencies refuse to provide that access. (Please see the Resources sidebar for a listing of sites dedicated to freedom of information issues) A newer player, Privacy, has now entered the fray, creating a flurry of ...
The 13 Enduring Constitutional Issues
... The Constitution (in the Bill of Rights) very specifically details the rights of the accused and the limits on the government in prosecuting accusations. At the same time we have struggled to balance the rights of the accused with the general welfare of the nation and the rights of the victim. ...
... The Constitution (in the Bill of Rights) very specifically details the rights of the accused and the limits on the government in prosecuting accusations. At the same time we have struggled to balance the rights of the accused with the general welfare of the nation and the rights of the victim. ...
The Amendments - chiles-ap
... Individuals can bring up lawsuits, called slander, against entities that use speech to defame one’s character Speech can also be limited during times of war if it can be proved that the speech limits the government’s ability to conduct its war policies Speech can be limited if it is obscene or ...
... Individuals can bring up lawsuits, called slander, against entities that use speech to defame one’s character Speech can also be limited during times of war if it can be proved that the speech limits the government’s ability to conduct its war policies Speech can be limited if it is obscene or ...
Ch.-18-Notes
... CRIME AND DUE PROCESS To search a home, now, a search warrant must be issued by a judge who is persuaded that there is probable cause (a good reason) that a crime has been committed and evidence that would prove that crime would be found at the location that the search warrant says. The police ca ...
... CRIME AND DUE PROCESS To search a home, now, a search warrant must be issued by a judge who is persuaded that there is probable cause (a good reason) that a crime has been committed and evidence that would prove that crime would be found at the location that the search warrant says. The police ca ...
Chapter 13—Constitutional Freedoms
... c. United States v. O’Brien (1968)—The Court ruled that a government can regulate or forbid symbolic speech if the regulation: 1. falls within the constitutional power of the government. 2. furthers an important government interest that is unrelated to limiting free speech 3. leaves open other ways ...
... c. United States v. O’Brien (1968)—The Court ruled that a government can regulate or forbid symbolic speech if the regulation: 1. falls within the constitutional power of the government. 2. furthers an important government interest that is unrelated to limiting free speech 3. leaves open other ways ...
The State of New Hampshire v. Judith Matthews
... does not affect substantive rights by inflicting greater punishment, altering the elements of an offense, or changing the ultimate facts required to prove guilt, is not ex post facto, “even if the procedural changes operate to a defendant’s disadvantage.” Id.; see also Costello, 138 N.H. at 589 (exp ...
... does not affect substantive rights by inflicting greater punishment, altering the elements of an offense, or changing the ultimate facts required to prove guilt, is not ex post facto, “even if the procedural changes operate to a defendant’s disadvantage.” Id.; see also Costello, 138 N.H. at 589 (exp ...
4. The Constitution and the Rule of Law
... lowest. If, for example, it is felt that the work of government might be impeded if the President could be sued personally in the courts, then the President’s immunity from legal action should be lifted as soon as she or he leaves office. Separation of powers: The separate roles of the different arm ...
... lowest. If, for example, it is felt that the work of government might be impeded if the President could be sued personally in the courts, then the President’s immunity from legal action should be lifted as soon as she or he leaves office. Separation of powers: The separate roles of the different arm ...
"bill of rights and civil liberties" section 3
... Many people regard the First Amendment as the most important amendment in the Bill of Rights. It guarantees various rights, including the freedoms of religion, speech, the press, and assembly. These rights are critical to life in a democratic society. Freedom of Religion: The Establishment Clause Th ...
... Many people regard the First Amendment as the most important amendment in the Bill of Rights. It guarantees various rights, including the freedoms of religion, speech, the press, and assembly. These rights are critical to life in a democratic society. Freedom of Religion: The Establishment Clause Th ...
local legislation
... spends an estimated 40% of its time on legislative acts or constitutional amendments authorizing acts that local governments perform in other states. Already overwhelmed by state bills they have inadequate time to study, legislators must decide with no knowledge of local conditions whether to permit ...
... spends an estimated 40% of its time on legislative acts or constitutional amendments authorizing acts that local governments perform in other states. Already overwhelmed by state bills they have inadequate time to study, legislators must decide with no knowledge of local conditions whether to permit ...
Facts of the Case
... with pregnancy and another article (2) discussing the impact of divorce on students at the school. The newspaper was written and edited by a journalism class, as part of the school's curriculum. Pursuant to the school's practice, the teacher in charge of the paper submitted page proofs to the school ...
... with pregnancy and another article (2) discussing the impact of divorce on students at the school. The newspaper was written and edited by a journalism class, as part of the school's curriculum. Pursuant to the school's practice, the teacher in charge of the paper submitted page proofs to the school ...
federalism - State College Area School District
... • U.S. Term Limits v. Thornton - 1995 Can states alter those qualifications for the U.S. Congress that are specifically enumerated in the Constitution? Are states qualified to set term limits on members of the United States Congress? • Clinton v. Jones - 1997 Is a serving President, for separation o ...
... • U.S. Term Limits v. Thornton - 1995 Can states alter those qualifications for the U.S. Congress that are specifically enumerated in the Constitution? Are states qualified to set term limits on members of the United States Congress? • Clinton v. Jones - 1997 Is a serving President, for separation o ...
recent publications - Harvard Law Review
... Press. 2014. Pp. xi, 291. $34.95. The tension between majority rule and minority rights is as old as the American Republic. In this timely book, Professor Kyle G. Volk artfully explains the competing forces and shifting political coalitions in the mid-nineteenth century that ultimately constructed t ...
... Press. 2014. Pp. xi, 291. $34.95. The tension between majority rule and minority rights is as old as the American Republic. In this timely book, Professor Kyle G. Volk artfully explains the competing forces and shifting political coalitions in the mid-nineteenth century that ultimately constructed t ...
Citizenship Exam
... How many electoral votes does Minnesota have in a presidential election?_____________________________ Who becomes President of the United States if the President should die? _______________________________ How long does the President serve, once elected? _____________________________________ The cha ...
... How many electoral votes does Minnesota have in a presidential election?_____________________________ Who becomes President of the United States if the President should die? _______________________________ How long does the President serve, once elected? _____________________________________ The cha ...
Recent Cases: Constitutional Law. Criminal Syndicalism Statutes
... (268 U.S. 652 (1925)), a divided court suggested two rules for determining the constitutionality of the conviction of a Left Wing Socialist publisher. Mr. Justice Sanford, speaking for the majority, maintained that the Supreme Court should not interfere with the application of a state statute prohib ...
... (268 U.S. 652 (1925)), a divided court suggested two rules for determining the constitutionality of the conviction of a Left Wing Socialist publisher. Mr. Justice Sanford, speaking for the majority, maintained that the Supreme Court should not interfere with the application of a state statute prohib ...