udicial Review (Marbury v. Madison)
Most important case in Supreme Court history - first U.S. Supreme Court case to apply the principle of judicial
... [Show More] review (the power of federal courts to void acts of Congress in conflict with the Constitution.) Written in 1803 by Chief Justice John Marshall, the decision played a key role in making the Supreme Court a separate branch of government on par with Congress and the executive.
stare decisis
Let the decision stand; decisions are based on precedents from previous cases
what are the three forms of speech under the first amendment and what is an example of each?
Oral: verbal speech
Written: Commercial advertising writings
Symbolic: Gestures to convey an idea (EX: middle finger)
fully protected speech
speech that cannot be prohibited or regulated by the government. EX: political speech-PACs giving money to candidates is speaking in favor of that candidate (citizens united v. federal elections committee)
partially protected speech
offensive and commercial-must be reasonable in time, place, and manner
unprotected speech
fighting words, dangerous words, obscenity, and defamation (libel)
fighting words
words provoking immediate physical response or breach. EX: racial slurs (Chaplinsky v. NH-"GD racketeer and damned fascist"), posting on social media about school shootings for therapy (elonis v US)
dangerous words
words likely to incite immediate violence. EX: telling someone depressed to commit suicide (commonwealth vs. carter), 3d printing firearms (washington v. US)
Obscenity
far more geared toward sexual, lewd, or inciteful speech. EX: "Fck the draft" (cohen vs. cali), knowingly distributing pornographic material (miller vs cali), "sht happens" bumper sticker (Cunningham vs. state), middle finger to a cop (cruise-gulyas v minard), revenge porn (vermont v van buren, people v austin)
defamation
the action of damaging the good reputation of someone; slander or libel. EX: Khawar v Globe Corp (defaming images without consent)
What is a search warrant?
a legal document authorizing a police officer or other official to enter and search premises.
what is the requirement for a police officer to get a warrant?
When there is probable cause to believe there is evidence of a crime on private premises
What is probable cause?
belief that law enforcement will find evidence a crime was committed. Assuming officers act in full faith of the law
What is the exclusionary rule and under what grounds was it created?
The exclusionary rule is a law that prohibits the use of illegally obtained evidence in a criminal trial. It was created as a result of the Mapp v Ohio case where pornographic distribution was happening but the police officer entered the house and obtained the evidence without a warrant.
How does the fourth amendment apply to businesses?
As decided in Marshall v Barlow's, the expectation of privacy is the same for businesses as it is for personal property and a warrant is required.
How has technology changed the definition of a search under US law?
Kyllo v US: use of a heat sensor to identify criminal evidence is violation of the fourth amendment
Florida v. Jardines: Use of a drug sniffing dog to identify criminal evidence without indication of such evidence by the dog from on public property, such as a sidewalk, is trespassing and use of said dog requires a warrant
Riley v California/US v Wurie: search of location, contact, or search query history on a cellular device is a search under the fourth amendment and requires a warrant
Carpenter v US: a legal official cannot obtain information about an individual from a third party (like the cell phone carrier) without a warrant
What are the four exceptions to the fourth amendment?
Consent, hot pursuit, plain view, and imminent danger to public or law enforcement [Show Less]