Comm4205 QUESTION WITH CORRECT ANSWERS 2023

Comm4205 QUESTION WITH CORRECT ANSWERS 2023Marbury v. Madison - correct answer US supreme court case which forms the bases for the judicial review in the U.S. under article III of the Constitution. The landmark decision defined the boundary between the constitutionally separative executive and judicial branches of the form of government. Significance: William Marbury petitioned to force the new secretary of state, James Madison, to deliver the documents. The court found it illegal for Madison's refusal to deliver the commission. Citizens United v. FEC - correct answer US constitutional law and corporate law case dealing with the regulation of campaign spending by corporations. Significance: Freedom of speech prohibits restricted independent political expenditures by nonprofit corporations. (ex: releasing a video of Hillary Clinton shortly before an election that is critical) Hamdi v. Rumsfeld - correct answer US supreme court case where the court recognized the power of the U.S. government to detain enemy combatants, including citizens, but ruled that detainees who are US citizens must have the rights of due process, and have the ability to challenge their enemy combatant status before impartial authority. Significance: Allowed citizens to travel back to where they lived to renounce their US citizenship and commit to travel prohibitions and other conditions. Pennekamp v. Florida - correct answer The Miami Herald published a series of inaccurate editorials that accused judges of protecting criminals more than the law-abiding public. Freedom of Expression. a Significance: The USSC held that editorials that contain inaccurate information did not pose a clear and present danger to the administration of justice. Near v. Minnesota - correct answer US Supreme court decision that found that prior restraints on publication violate freedom of the press as protected under the first amendment, a principle that was applied to free speech in subsequent jurisprudence. Significance: Publication that endangers or is of a nuisance to society must be restricted with legitimate power of people speaking to their representatives to save public morals. NY Times v. United States - correct answer Landmark decision by the U.S. Supreme Court on the first amendment. Significance: The ruling made it possible for The New York Times and Washington Post newspapers to publish the- then classified Pentagon Papers without the risk of government censorship or punishment. United States v. O'Brien - correct answer Decision made by the US Supreme court which ruled that criminal prohibition against a burning draft card did not violate the First Amendment's guarantee of free speech Significance: Rejected by the court because it was O'Brien's way to express protest against the Vietnam war. It was unconstitutional because it enacted to abridge free speech and served no legitimate legislative purpose. Tinker v. Des Moines Independent Community School District - correct answer Decision by the US Supreme Court that defined the constitutional rights of students in U.S. public schools. Significance: Iowa students wore armband to protest the Vietnam war as a symbolic speech. The ruling sided with the students and they were not suspended for wearing the armbands. Tinker standards are the freedom of speech. Elonis v. United States - correct answer US Supreme Court case concerning whether conviction of threatening another person over interstate lines requires proof of subjective intent to threaten, or whether it is enough to show that a "reasonable person" would regard the statement as threatening. Significance: The court held that that the prosecution needed to show that Elonis intended the posts to be threats, and therefore that there was a subjective intent to threaten. It was objective because the threat is objective, not the post. Texas v. Johnson - correct answer was a decision by the U.S. Supreme Court that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states. Significance: Gregory Johnson burned the American Flag, but burning the flag falls under the protection under the first amendment as a form of free speech. Snyder v. Phelps - correct answer Is a landmark U.S. Supreme Court case where the Supreme Court ruled that speech on a matter of public concern, on a public street, cannot be the basis of liability for a tort of emotional distress, even in the circumstances that the speech is viewed or interpreted as "offensive" or "outrageous".