Court Cases

xuzubeza's version from 2016-09-21 01:02


Question Answer
Barron v. Balitmore (1833)The Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.
Gitlow v. New York (1925)Supreme Court decisions holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the 14th amendment from impairment by the states" as well as by the federal government.
Lemon v. Kurtzman (1971)Decision that established that aid to church related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive gov't entanglement with religion
Zelman v. Simmons-Harris (2002)Decision that upheld a state providing families with vouchers that could be used to pay for tuition at religious schools
Engel v. Vitale (1962)State officials violated the 1st amendment when they wrote a prayer to be recited by New York's schoolchildren
School District of Abington Township, Pennsylvania v. Schempp (1963)Decision that Pennsylvania law requiring bible reading in schools violated the establishment clause of 1st amendment
Near v. Minnesota (1931)the 1st amendment protects newspapers from prior restraint
Schenck v. United States (1919)decision upholding the conviction of a socialist who had urged young men to resist the draft during WWI. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.
Zurcher v. Stanford DailyA 1978 Supreme Court decision holding that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the 1st amendment rights to freedom of the press.
Roth v. United StatesA 1957 Supreme Court decision ruling that "obscenity is not within the area of constitutionally protected speech or press."
Miller v. CaliforniaA 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value.
New York Times v. SullivanDecided in 1964, this case established the guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove made with "actual malice" and reckless disregard for the truth.
Texas v. Johnson1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the 5th amendment.
Miami Herald Publishing Company v. TornilloA 1974 case in which the Supreme Court held that a state could not force a newspaper to print replies from candidates it had criticized, illustrating the limited power of government to restrict the print media.
Red Lion Broadcasting Company v. FCCA 1969 case in which the Supreme Court upheld restrictions on radio and television broadcasting. These restrictions on the broadcast media are much tighter than those on the print media because there are only a limited number of broadcasting frequencies available.
NAACP v. AlabamaThe Supreme Court protected the right to assemble peaceably in this 1958 case when it decided to the _____ did not have to reveal its membership list and thus subject its members to harassment.
Mapp v. OhioThe 1961 Supreme Court decision ruling that the 14th amendment's protection against unreasonable searches and seizures must be extended to the states as well as the federal government.
Miranda v. ArizonaThe 1966 Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel.
Gideon v. WainwrightThe 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment mat be imposed, however poor he or she might be, has a right to a lawyer.
Gregg v. GeorgiaThe 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating that "It is an extreme sanction, suitable to the most extreme of crimes." The court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment.
McCleskey v. KempThe 1987 Supreme Court decision that upheld the constitutionality of the death penalty against charges that it violated the 14th amendment because minority defendants were more likely to receive the death penalty than were White defendants.
Roe v. WadeThe 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.
Planned Parenthood v. CaseyA 1992 case in which the Supreme Court loosened its standard for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints on a "undue burden" that permits considerably more regulation.