Questions on court cases
1st Amendment-Freedom of Speech

1. Describe the situation. 2. Who opposed the Klan’s action? 3. Explain the “clear and present danger” test. 4. How did the Espionage Act of 1917 affect this case? 5. Today, when is the government allowed to limit free speech? 6. Why was the distinction between public forum and private property important in this case? 7. Explain the “marketplace of ideas” concept. 8. What is “the price of free speech”? 9. What was the outcome of this case?

1st Amendment-Assembly

1. Tell who the New Mobe and Mr. Bloom were and describe their purpose. 2. Tell who the BUF and Eaton and Hobson were and describe their purpose. 3. What was Cointelpro’s job? 4. Name two groups Cointelpro targeted? 5. Explain the head tax issue. 6. What did the Church Committee do? 7. How did the plaintiffs use The Freedom of Information Act? 8. What was the FBI’s point of view? 9. Who were Moore and Brennan? 10. What was the outcome of the case?

2nd—The right to keep and bear arms

1. Explain Morton Grove’s action and their opinion on gun control. 2. What was Quilici’s response? 3. What is the central question in the gun control debate? 4. Explain the pro-gun side’s position. 5. What did the Supreme Court rule in U.S. v. Miller? 6. Explain Jim Zangrilli’s point about the case of Don Bennet. 7. Discuss your position on the issue.

4th Amendment—Searches and Seizures

1. Describe the facts of the case in TLO. 2. The New Jersey court said that school authorities can’t act like? 3. Explain and give evidence for the concepts of “reasonableness” and “probable cause.” 4. In the Supreme Court’s ruling, explain the use of the idea of “reasonable suspicion.” 5. What does “suppression of evidence” mean? 6. How might TLO’s 5th Amendment rights been violated? 7. What did TLO’s lawyers want the school to have before it searched her? 8. Explain the school’s argument that it acted in loco parentis.

5th Amendment—Double Jeopardy

1. What mistake did the judge make in the first trial? 2. What “desperate chance” was Green taking? 3. Explain the double jeopardy rule. 4. What was the outcome of Green’s case.

5th Amendment—Self-incrimination

1. Explain the situation. 2. Explain the difference between inquisition and accusation. 3. On what charge was the mother arrested and jailed? 4. What was the state’s final argument? 5. What was the outcome of the case?

6th Amendment—Right to Confront 1. Describe the crime. 2. What was the evidence against Coy? 3. How did the girls make the prosecution’s job difficult? 4. Explain the screen arrangement. 5. What did the first court rule? 6. Define heresay and cross examination. 7. Who was the court interested in protected. 8. What was the final outcome?

8th Amendment—Cruel and Unusual Punishment

1. Explain the situation. 2. What is “felony murder”? 3. What guidelines did the 1972 case Furman v. Georgia establish? 4. What two social goals does the death penalty serve? 5. What was Ricky and Raymond’s lawyer’s main argument against them being executed? 6. What was the outcome of the case? 7. Explain who falls into the category of “a special class” of felony murderers. 8. What is the “new standard” for judges in sentencing a felony murderer to die?

1st- Freedom of the Press 1. Summarize Morland’s article in The progressive. 2. The Prog.’s and Morland’s argument for publication? 3. Background/history of the freedom of the press? 4. Court’s ruling on “previous restraint”? 5. “Absolutist” view of freedom of the press? 6. National security, balance of powers, and freedom of the press (national security exception)- 7. Pentagon Papers example- 8. Significance of Atomic Energy Act of 1954? 9. Outcome of the case? 2th/14th Amendments: Due Process

1. Briefly describe the situation. 2. What is a writ of replevin? 3. Two central questions? 4. Difference between the 5th and 14th Amendments regarding Due Process? 5. Essential purpose of due process? 6. What did the plaintiffs argue? 7. What is an “adversarial proceeding”? 8. What was the outcome of the case and the arguments behind the verdict?

6th-Impartial Jury

1. Describe the crime and the people involved. 2. Significance of Furman v. GA (1972) and Gregg v. GA (1976). 3. NAACP’s findings? 4. GA law that led to “under-representation’? 5. What does the 6th Amendment guarantee regarding juries? 6. Writ of habeas corpus allows- 7. Reason why Framers included impartial juries to the Const.? 8. What is voir dire? 9. Summarize the outcome of the case and the dissenting judge’s opinion.

5th-Grand Jury

1. The story and crime behind the case? 2. What is the outcome if the grand jury finds that there is enough evidence? 3. What if there isn't? 4. What can grand juries do that regular juries can’t? 5. The two types of juries and their jobs- 6. What is “an information” or “preliminary hearing”? 7. Disadvantages to the accused in the use of a grand jury? 8. What is meant by saying jurors provide “play in the joints”? the final outcome of the case?