Case Names Flashcards
(37 cards)
Fundamental right to marry - back child support
Zablocki v. Redhail
Fundamental right to custody of child (not here)
Michael H. v. Gerald D.
First case to recognize fundamental right to marry
Loving v. Virginia
Right to privacy includes right to abortion
Roe v. Wade
Current abortion standard
Planned parenthood v. Casey (undue burden test)
Separate but equal is not equal under the equal protection clause
Brown v. Board of Education
Test for discriminatory purpose
Village of Arlington Heights
Old standard for gender classification - strict scrutiny
Frontiero v. Richardson
Gender classifications receive intermediate scrutiny - Gov. can show important purpose through an exceedingly persuasive justification.
VMI
Affirmative Action
Fisher
Content-based restrictions must be narrowly tailored to achieve a compelling government interest.
Reed v. Town of Gilbert
Distinction between vagueness and over-breadth
Jews for Jesus
Example for when prior restraint is allowed
New York Times
Test for incitement of illegal activity
Brandenburg
two situations for fighting words (unprotected speech)
Chaplinsky
states may not regulate categories of unprotected speech, such as “fighting words,” on the basis of content
RAV
Test for obscene speech
Miller
Indecent speech (less protected speech)
Cohen v. California
Flag burning case- Application of O’Brien test
Texas v. Johnson
Corporate spending is symbolic speech
Citizens United
Test for symbolic speech
O’Brien
Content-neutral rule
Ward v. Rock Against Racism
A state may curtail a person’s freedom of speech directed at unwilling listeners as a proper content-neutral, reasonable time, place, and manner restriction.
Hill v. Colorado
Substantial disturbance (school forum test)
Tinker