How did the Court balance freedom of press and the right to a fair trial in Richmond
Newspapers?
What rationale used for determining that the death penalty should not be applied to
those who are underage or mentally retarded?
How did Sullivan change the ability of citizens to criticize the government?
Reliance on Stanley v. Georgia is insufficient. Stanley is firmly grounded in the 1st
Amendment. The right expressed here has no such support in the constitution, and does
not qualify for protection under the 14th Amendment. Victimless crimes do not escape
protection when committed in the privacy of the home.
Dissent (Blackmun, with Brennan, Marshall, and Stevens):
1/This case is no more about a fundamental right to commit sodomy, than Stanley was
about a fundamental right to watch obscene movies. Rather, this case is about the most
comprehensive of rights and the right most value by civilized man ” to be left alone.
2/A fair reading of the statute reveals that the majority has distorted the question this
case presents. First, the majority’s obsessive focus on homosexual activity is hard to
justify in light of the broad language Georgia used. Second, we disagree with the
Court’s refusal to consider whether the law runs afoul of the 9th Amendment.
3/Hardwick has a credible claim that the Georgia law infringes on his right to privacy.
The majority has simply refused to recognize the right individuals have in controlling
the nature of their intimate associations.
According to the majority in Lawrence what was the major defect in the Court’s
analysis of liberty in Bowers?
The Supreme Court declared, for itself, the power of judicial review in Marbury versus
Madison. Why does Marshall argue that the Court should have this power? Is he
correct? In later cases during the same era, the Court further expanded its power. How
do these cases specifically expand this power? Discuss the position of the Virginia
Supreme Court and the U.S. Supreme Court’s response in Martin v. Hunter’s Lessee.
Should the Court be allowed to overturn decisions of state courts? Why or why not? Is
it democratic that the court ” made up of nine non-elected officials ” should have such
broad power? Why or why not?
Answer:*a. varies
How did Jones change the physical trespass standard set out in Katz?
What are the key differences between the Aguilar-Spinelli “two-pronged” test and the
“totality-of-circumstances” test that replaced it?
Why is the Court more willing to allow regulation of broadcast media than of print
media?
What interests does the Court balance as it decides freedom of association cases?
Explain 3 conditions that may trigger valid government regulation of expression. Why
are they valid regulations?
The book says that following the Civil War, “power over voting rights began a steady
shift.” What was the shift? What are two Constitutional Amendments that symbolize
this shift?
In what case did the Supreme Court establish the “totality-of-circumstances” test?
A. Spinelli v. United States
B, Katz v. United States
C. Cupp v. Murphy
D. Illinois v. Gates
When may a school suppress student speech according to Tinker?
What effect did Griswold and Eisenstadt have on the abortion rights movement?