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How has the Court generally dealt with the publication of information about trial
proceedings?Given at least two examples.
Contrast substantive due process and the rational basis approach. How does the Court
decide cases that involve what it deems fundamental rights as opposed to rights that
may not be fundamental?
How did the Smith test alter from the Sherbert test? How has the change affected the
government's ability to regulate religious freedom?
How did the Court rule in Miller v. Alabama as to whether minors convicted of murder
should face life sentences without parole? How does this decision square with the
Court's other cruel and unusual sentencing decisions?
What does it take for speech to cause a clear and present danger? Does it make sense
that the government should be able to suppress such speech?
What does Kennedy mean by indirect coercion in Lee v. Weisman and how did he use
this new test to strike down the school prayer in this case?
Why must laws that regulate speech be content neutral?
Why did the Supreme Court strike down Georgia's death penalty in Furman v. Georgia
but uphold it in Gregg v. Georgia only three years later?
What two sections of the 14th Amendment have been used in an attempt to incorporate
the Bill of Rights?
Answer:
*a. varies
How did Congress act in the 1870s to try to ensure that African Americans could vote?
How has the war on terror affected the government's use of prior restraint when it
comes to military affairs? How does this compare to other nation's use of prior
restraint?
Why did the framers decided to not create a federal voter rolls? Should they have done
so? Why or why not?
How did Palko extend the possibility that more rights would be incorporated in the
future?
Answer:
*a. varies
