AP US Government : Impact of Notable Court Cases

Study concepts, example questions & explanations for AP US Government

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Example Questions

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Example Question #75 : Court Cases

In the Supreme Court case Reno v. ACLU, what did the Court invoke in order to clarify and legalize the 1996 Communications Decency Act? 

Possible Answers:

The Court cited the Equal Time Provision, noting that there must be a balance between both "wholesome" and "indecent" content in order to not infringe on the rights of citizens and broadcast networks, while also providing a safety barrier for children

The Court relied on the 5th Amendment to determine that this was an instance of double jeopardy when Reno was found to have committed crimes of obscenity and not indecency

The Court found the 1996 Communications Act to be constitutional on its own standing, establishing a new legal precedent, and they did not need to invoke any prior cases for the basis of their argument

The Court determined that the 1996 Communications Decency Act was unconstitutional by citing the precedent set in the case of United States v. Lopez

The Court used the 1st Amendment to clarify the language of the 1996 Communications Act, delineating between indecency and obscenity

Correct answer:

The Court used the 1st Amendment to clarify the language of the 1996 Communications Act, delineating between indecency and obscenity

Explanation:

In this case, the 1996 Communications Decency Act had language in it that sought to limit indecency and obscenity, particularly in the various forms of media (mail, television, internet, etc.). The Supreme Court ruled that the 1st Amendment had been seriously violated because of the broad speech in the Communications Act that failed to protect the rights of adult citizens (freedom of expression, namely).

Indecency can be protected by the 1st Amendment, but the Court uses the Miller test to determine if words or expressions are unlawful (obscene).

Example Question #1026 : Ap Us Government

Which standard evolved from the decision in the Supreme Court case Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)?

Possible Answers:

The 24 hour standard

Fairness test

Equal time standard

Miller test

The undue burden standard

Correct answer:

The undue burden standard

Explanation:

The Supreme Court Case Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) was a group response to several requirements for women to abide by if they decided to have an abortion. Pennsylvania had altered their abortion law to include requirements that including women having to wait 24 hours before going through with it and minors needing parental consent.

The Court upheld Roe v. Wade and women's right to choose for themselves, but also supported the legality of some of the Pennsylvania law. They also created the "undue burden" standard to create a scale by which to measure abortion laws throughout the states - if a law puts an undue burden on a women in one of these situations, then it can be reasonably inferred that it is unconstitutional.

Example Question #77 : Court Cases

Select the category of discrimination that the Supreme Court most strictly regards and most often rules against.

Possible Answers:

Discrimination on the basis of sexual orientation 

Racial and/or ethnic discrimination 

Gender discrimination 

Age discrimination 

Correct answer:

Racial and/or ethnic discrimination 

Explanation:

While the Supreme Court takes any claim of discrimination quite seriously, it applies its strictest standards, most rigorous reviews, and most often rules against acts of racial and/or ethnic discrimination. When the Court accepts any case which alleges discrimination, the justices first apply standards of review, or a tiered system of evaluation, to assess both the possible presence and severity of the alleged discriminatory activity. In most instances, the Court upholds only those alleged acts of discrimination which can be proven to be “reasonable” – this means that as long as the defendant is able to show that the restriction in question has a logical and necessary purpose, then no qualified discriminatory act was therefore committed. For example, perhaps a worker in their seventies is fired and so sues their employer for age discrimination. If the employer can show that the job which s/he manages requires physical and mental fitness (or other priorities which diminish with age), then the Court will most likely rule that no age discrimination was committed and the elderly worker will have lost their case. However, the Court pays special attention to alleged instances of racial and/or ethnic discrimination, which it views with automatic skepticism and therefore evaluates with the strictest possible standards in mind. An employer who is accused of racial bias, for example, must prove before the Court that s/he is innocent; the Court does not take into consideration the so-called logic of the restrictive action (as with age and/or gender discrimination) and most often finds the defendant guilty.

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