POLS 2302 EXAM 2 WITH COMPLETE SOLUTION
Near v. Minneosta - (ANSWER)1931 case in which Court disagreed with state courts regarding
censorship and ruled it unconstitutional except in rare cases. Surpreme Court ruled that the government
generally could not engage in prior restraint (could not in advance prohibit someone from publishing
something wihtout a very compelling reason).
Mapp v. Ohio - (ANSWER)1961 Supreme Court case in which the court decided that evidence obtained
without a warrant didn't fall under one of the exceptions (e.g. the person consents to a search, there is
reasonable expectation that the evidence may be destroyed/tampered with before a warrant can be
issued, items in question are in plain view of government officials, etc.) could not be used as eidence in a
state criminal trial.
Gideon v. Wainwright - (ANSWER)1963 case in which Supreme Court unanimously ruled that anyone
accused of a serious crime is entitled to the assistance of a lawyer, even if they cannot afford one, as
part of the general due process right to a fair trial
NYT v. Sullivan - (ANSWER)1964 case in which the Supreme Court decided that public figures needed to
demonstrate not only that a negative press statement about them was untrue but also that the
statement was published or made with either malicious intent or "reckless disregard" for the truth.
Griswold v. Connecticut - (ANSWER)1965 case in which the court spelled out the right to privacy by
striking down a state law forbidding even married individuals to use any form of contraception.
Miranda v. Arizona - (ANSWER)1966 case in which Supreme Court ruled that suspects were required to
be informed of their most important rights, including the right against self-incrimination, before being
interrogated in police custody
Lemon v. Kurtzman - (ANSWER)1971 case in which the Supreme court established the Lemon test for
deciding whether a law or other government action that might promote a particular religious practice
should be allowed to stand.
Roe v. Wade - (ANSWER)1973 case in which Supreme Court decided the right to privacy encompassed a
right for women to terminate a pregnancy, at least under certain scenarios.
,POLS 2302 EXAM 2 WITH COMPLETE SOLUTION
Miller test - (ANSWER)1973 Supreme Court method for deciding whether something is obscene.
Texas v. Johnson - (ANSWER)1989 case in which the Supreme Court decided that burning the flag was a
form of symbolic speech protected by the First Amendment and found the law, as applied to flag
desecration, to be unconstitutional.
Employment Division v. Smith - (ANSWER)1990 case in which Supreme Court made a controversial
decision to narrow the Sherbert test. Also known as "the peyote case," the Court ruled that the
"compelling government interest" standard should not apply; instead, so long as the law was not
designed to target a person's religious beliefs in particular, it was not up to the courts to decide that
those beliefs were more important than the law in question.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances." - (ANSWER)1st Amendment
Kelo v. City of New London - (ANSWER)2005 case in which Supreme Court sided with municipal officials
taking homes in a middle-class neighborhood to obtain land for a large pharmaceutical company's
corporate campus
District of Columbia v. Heller - (ANSWER)2008 narrow (5-4) ase in which Supreme Court found that at
least some gun control laws did violate the Second Amendment and that this amendment does protect
and individual's right to keep and bear arms, at least in some circumstances, such as self-defense within
the home.
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep
and bear Arms, shall not be infringed." - (ANSWER)2nd Amendment
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place to be searched, and the persons
or things to be seized." - (ANSWER)4th Amendment
, POLS 2302 EXAM 2 WITH COMPLETE SOLUTION
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment
or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when
in actual service in time of War or public danger; nor shall any person be subject for the same offence to
be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private
property be taken for public use, without just compensation." - (ANSWER)5th Amendment
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an
impartial jury of the State and district wherein the crime shall have been committed, which district shall
have been previously ascertained by law, and to be informed of the nature and cause of the accusation;
to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in
his favor, and to have the Assistance of Counsel for his defence." - (ANSWER)6th Amendment
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments
inflicted." - (ANSWER)8th Amendment
symbolic speech - (ANSWER)a form of expression that does not use writing or speech but nonetheless
communicates an idea (e.g., wearing an article of clothing to show solidarity with a group)
prior restraint - (ANSWER)a government action that stops someone from doing something before they
are able to do it (e.g. forbidding someone to publish a book he or she plans to release)
blue law - (ANSWER)a law originally created to uphold a religious or moral standard, such as prohibition
against selling alcohol on Sundays
Patriot Act - (ANSWER)a law passed by Congress in the wake of the 9/11 attacks that broadened federal
powers to monitor electronic communications
search warrant - (ANSWER)a legal document, signed by a judge, allowing police to search and/or seize
persons or property
undue burden test - (ANSWER)a means of deciding whether a law that makes it harder for women to
seek abortions is consitutional
Near v. Minneosta - (ANSWER)1931 case in which Court disagreed with state courts regarding
censorship and ruled it unconstitutional except in rare cases. Surpreme Court ruled that the government
generally could not engage in prior restraint (could not in advance prohibit someone from publishing
something wihtout a very compelling reason).
Mapp v. Ohio - (ANSWER)1961 Supreme Court case in which the court decided that evidence obtained
without a warrant didn't fall under one of the exceptions (e.g. the person consents to a search, there is
reasonable expectation that the evidence may be destroyed/tampered with before a warrant can be
issued, items in question are in plain view of government officials, etc.) could not be used as eidence in a
state criminal trial.
Gideon v. Wainwright - (ANSWER)1963 case in which Supreme Court unanimously ruled that anyone
accused of a serious crime is entitled to the assistance of a lawyer, even if they cannot afford one, as
part of the general due process right to a fair trial
NYT v. Sullivan - (ANSWER)1964 case in which the Supreme Court decided that public figures needed to
demonstrate not only that a negative press statement about them was untrue but also that the
statement was published or made with either malicious intent or "reckless disregard" for the truth.
Griswold v. Connecticut - (ANSWER)1965 case in which the court spelled out the right to privacy by
striking down a state law forbidding even married individuals to use any form of contraception.
Miranda v. Arizona - (ANSWER)1966 case in which Supreme Court ruled that suspects were required to
be informed of their most important rights, including the right against self-incrimination, before being
interrogated in police custody
Lemon v. Kurtzman - (ANSWER)1971 case in which the Supreme court established the Lemon test for
deciding whether a law or other government action that might promote a particular religious practice
should be allowed to stand.
Roe v. Wade - (ANSWER)1973 case in which Supreme Court decided the right to privacy encompassed a
right for women to terminate a pregnancy, at least under certain scenarios.
,POLS 2302 EXAM 2 WITH COMPLETE SOLUTION
Miller test - (ANSWER)1973 Supreme Court method for deciding whether something is obscene.
Texas v. Johnson - (ANSWER)1989 case in which the Supreme Court decided that burning the flag was a
form of symbolic speech protected by the First Amendment and found the law, as applied to flag
desecration, to be unconstitutional.
Employment Division v. Smith - (ANSWER)1990 case in which Supreme Court made a controversial
decision to narrow the Sherbert test. Also known as "the peyote case," the Court ruled that the
"compelling government interest" standard should not apply; instead, so long as the law was not
designed to target a person's religious beliefs in particular, it was not up to the courts to decide that
those beliefs were more important than the law in question.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances." - (ANSWER)1st Amendment
Kelo v. City of New London - (ANSWER)2005 case in which Supreme Court sided with municipal officials
taking homes in a middle-class neighborhood to obtain land for a large pharmaceutical company's
corporate campus
District of Columbia v. Heller - (ANSWER)2008 narrow (5-4) ase in which Supreme Court found that at
least some gun control laws did violate the Second Amendment and that this amendment does protect
and individual's right to keep and bear arms, at least in some circumstances, such as self-defense within
the home.
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep
and bear Arms, shall not be infringed." - (ANSWER)2nd Amendment
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place to be searched, and the persons
or things to be seized." - (ANSWER)4th Amendment
, POLS 2302 EXAM 2 WITH COMPLETE SOLUTION
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment
or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when
in actual service in time of War or public danger; nor shall any person be subject for the same offence to
be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private
property be taken for public use, without just compensation." - (ANSWER)5th Amendment
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an
impartial jury of the State and district wherein the crime shall have been committed, which district shall
have been previously ascertained by law, and to be informed of the nature and cause of the accusation;
to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in
his favor, and to have the Assistance of Counsel for his defence." - (ANSWER)6th Amendment
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments
inflicted." - (ANSWER)8th Amendment
symbolic speech - (ANSWER)a form of expression that does not use writing or speech but nonetheless
communicates an idea (e.g., wearing an article of clothing to show solidarity with a group)
prior restraint - (ANSWER)a government action that stops someone from doing something before they
are able to do it (e.g. forbidding someone to publish a book he or she plans to release)
blue law - (ANSWER)a law originally created to uphold a religious or moral standard, such as prohibition
against selling alcohol on Sundays
Patriot Act - (ANSWER)a law passed by Congress in the wake of the 9/11 attacks that broadened federal
powers to monitor electronic communications
search warrant - (ANSWER)a legal document, signed by a judge, allowing police to search and/or seize
persons or property
undue burden test - (ANSWER)a means of deciding whether a law that makes it harder for women to
seek abortions is consitutional
