Book1 Flashcards
(39 cards)
Lemon v. Kurtzman
Case involved state paying for salaries of private, religious school. Found this unconstitutional but did not rule out all interaction between gov’t and religious organizations.Created Lemon Test.
Agostini v. Felton
Allowed for public school teachers to teach secular subjects in parochial schools.
Lynch v. Donnelly
A nativity scene on public grounds surrounded by secular (cultural) displays of Christmas. The court allowed it saying it was part of ‘our heritage’, along with the other displays.
Engel v. Vitale
Involved the Constitutionality of a school prayer read in public schools. Declared the prayer unconstitutional. Most other attempts at allowing prayer in public schools have also been declared unconstitutional.
Sherbert v. Verner
Case involved a 7th Day Adventist refusing to accept a job that would require her to work on Saturday. Unemployment benefits were subsequently denied. She sued, saying she had the right to not work on her holy day. SCOTUS agreed with her.
Employment Division v. Smith
Legal use of peyote by Native Americans, specifically their loss of a job and unemployment benefits from using drugs while employed at a drug rehab center. Court ruled that strict scrutiny did not allow for every religious expression.
Schenk v. United States
Case involving disruption of recruiting operations during WWI. Clear and present danger test created. Advocacy of ideas vs. incitement created.
Gitlow v. New York
Did not allow for the distribution of revolutionary leaflets calling for the overthrow of the gov’t. First attempt at applying Federal guidelines (Bill of Rights) to the states via the 14th Amendment.
Brandenburg v. Ohio
KKK leader calls for the actions against blacks and gov’t officials. Speech was allowed because the threat implied was not seen as credible.
Tinker v. Des Moines
Anti-Vietnam War armbands worn by students who are suspended until they comply with the anti-protest rule. SCOTUS ruled in favor of the students stating that students do not drop their constitutional rights at the school house door.
Chaplinsky v. New Hampshire
Chaplinsky calls city marshall several names claiming that they were protected. Using ‘fighting words’ he is not allowed since the threat was specific enough.
Cohen v. California
Cohen’s vulgar anti-Vietnam War shirt was upheld since it was not direct at nay one person nor inciting large number of people.
Reno v. ACLU
Restriction put upon internet obscenity for children was not ok because it over restricted, taking away from adults as well. Also established the principle that the internet should be treated more as print the media.
Roth v. United States
Attempt at defining obscenity, difficult. Average person, contemporary standards and is prurient in nature.
Miller v. California
Second attempt at defining obscenity. Reality is that obscenity is difficult to define. Added a local community standard to Roth, and left obscenity up to local standards to define.
New York Times v. Sullivan
Involving a incident of malice. NYT published a cartoon that was critical of a public official in Alabama (concerning their handling of MLK). SCOTUS rules that libel against a public figure must be malicious in intent. Setting a higher standard.
New York Times v. United States
Famous Pentagon Papers case. Nixon attempted to refuse the publication of the PP, claiming Executive Privilege. SCOTUS disagreed claiming executive privilege was not enough to grant prior restraint. The NYT and Washington Post then published the PP, which outlined the United States’ involvement in Southeast Asia.
Near v. Minnesota
Freedom of the press case that involved the publication of stories that were critical of local officials. Paper was forbidden from publishing the stories. SCOTUS said that even though the stories were critical of local officials, they could not be prevented from publishing them.
Palko v. Connecticut
Double Jeopardy case. Palko convicted twice of killing two police officers. Claimed double jeopardy. The SCOTUS agreed with him but said that Double Jeopardy should not be incorporated into the states because it was not a fundamental freedom. He was subsequently executed by the state.
Duncan v. Louisiana
Right to a jury trial incorporated. Did not specify the size of the jury, nor the necessity of a unanimous decision. Left those to the states to decide.
Gideon v. Wainwright
Right to an attorney incorporated. Gideon convicted of theft was not allowed an attorney under Florida law. Sued for that right and won. He was then proved not guilty in the ensuing retrial.
Miranda v. Arizona
Freedom from self incrimination incorporated. Miranda not informed of his rights confesses to a crime he most likely committed. SCOTUS said that he needed to be informed of his rights when under ‘interrogation’ (future cases would define when a prisoner is being interrogated).
Wolf v. Colorado
Incorporated 4th Amendment Search and Seizure guarantee. Did not include the exclusionary rule, justices believing that this was a judge created rule, and should not then be incorporated.
Mapp v. Ohio
Incorporated the exclusionary rule to the states, correction the mistake that the SCOTUS did under Wolf v. CO.
