Cases

Question 0

Gitlow V New York

1922

Answer 0

Gitlow publishes stuff with no real consequence
First amendment - prohibits NY ability to punish overthrow of gov’t?

Opinion- no: 1st applies to states thru 14th, but dangerous tendencies=punishable

Question 1

Barron V Baltimore (1833)

Answer 1

Shipyard taken over
Fifth Amendment - does it deny states the right to take private property?

Opinion - no, just feds

Question 2

Near V Minnesota

1929

Answer 2

Scandal sheets banned
Prior restraint=okay?

Opinion- no. Cannot prohibit speech in advance.

Question 3

Palko V Connecticut

1937

Answer 3

5th amendment- does it stop states from double jeopardizing?

Opinion - no: protection against double jeopardy not fundamental so not incorporated

Question 4

Reynolds V US

1878

Answer 4

First amendment - prohibits laws against bigamy?

No - does not protect religious practices judged to be criminal

Question 5

Engel V Vitale

1961

Answer 5

First amendment - prohibits voluntary, nondenominational prayer in schools?

Yes. No religious activities in public policies.

Question 6

Abington Schools V Schempp

1962

Answer 6

First amendment - prohibits mandatory religious practice with an opt-out?

Yes. Violates establishment and free exercise clauses.

Question 7

Lemon V Kurtzman

1972

Answer 7

Stipends for private religious schools unconstitutional

Question 8

Christian Legal Society Chapter V Martinez

2009

Answer 8

Law school not recognized
First amendment - okay to deny student organization rights to religious organizations?

Yes. Okay to make all registered student organizations accept all people.

Question 9

Schenck V US

1918

Answer 9

Anti-draft advocate
First amendment - protects speech against draft

No. Clear and present danger in wartime.

Question 10

Brandenburg V Ohio

1968

Answer 10

KKK rally in the boonies
First amendment - KKK hate speech protected?

Sometimes. Test for prohibition: (1)aims produce imminent lawless action AND (2) is likely to produce this action

Question 11

NY Times V US

1970

Answer 11

Pentagon papers
Prior restraint okay with classified info (pentagon papers)?

No. No immediate threat=no prior restraint

Question 12

Nebraska Press Association V Stuart

1975

Answer 12

Murder trial
First amendment - prior restraint okay if it guarantees rights to fair trial?

No. Does not fix the problem enough to balance denial of free press.

Question 13

Stromberg V California

Answer 13

Display flag opposing US okay?

Yes.

Question 14

Tinker V Des Moines

1968

Answer 14

First amendment - black armbands OK in schools?

Yes. Must materially and substantially interfere with school to be suppressed.

Question 15

RAV V St. Paul

1991

Answer 15

Cross burning
First amendment - protects racial speech if it is otherwise okay?

Yes. If speech is okay in one case, it can’t be not okay because of ethnicity.

Question 16

NY Times V Sullivan

1963

Answer 16

New York Times libel against Montgomery city commissioner

First amendment - must prove speech harmed him and were known to be false

Question 17

Roth V US

Answer 17

Obscene circulars

First amendment - obscenity (contemporary community standards) not protected

Question 18

Miller V California

1971

Answer 18

Obscene mailers

First - not protected. Test )prurient )offensive )lacks value

Question 19

De Jonge V Oregon

1936

Answer 19

Communism + Criminal syndicalism

14th - speaking at communist meetings okay, speech must be examined by itself

Question 20

Dred Scott V Sandford

1856

Answer 20

Dred Scott sues for freedom

Missouri Compromise unconstitutional, slaves have no citizenship, therefore can’t sue

Question 21

US V Miller

1939

Answer 21

Sawed off shotgun = not protected

Question 22

D.C. V Heller

2007

Answer 22

DC gun ban for non-militia

2nd - guns can be kept for personal protection, not just militia

Question 23

McDonald V Chicago

2009

Answer 23

Illinois gun bans

2nd - incorporated at state level

Question 24

Miranda V Arizona | 1965

Answer 24

Miranda rights | Cannot use statements gained without notifying people of their rights

Question 25

Weeks V US | 1913

Answer 25

Betting slips with no warrant 4th - seizure of property with no warrant directly prohibited, can't be used in a case "Exclusionary rule"

Question 26

Mapp V Ohio | 1960

Answer 26

Obscene materials, illegal search | 4th right to lawful search/seizure incorporated

Question 27

Gideon V Wainwright | 1962

Answer 27

``` No lawyer granted in FLA 6th incorporated (right to counsel) ```

Question 28

Furman V Georgia | 1971

Answer 28

Death penalty accidental death in burglary Death penalty sometimes unconstitutional (8th)

Question 29

Gregg V Georgia | 1975

Answer 29

Burglary and murder death penalty Death penalty OK in extreme criminal cases.

Question 30

McKleskey V Kemp | 1986

Answer 30

Black man sentenced to death, statistically more common Death penalty OK unless clear racial bias in those specific proceedings

Question 31

House V Bell | 2005

Answer 31

Death sentence new info Reasonable doubt=enough cause for new trial on new evidence

Question 32

Griswold V Connecticut | 1964

Answer 32

Contraceptive counseling Right to privacy established, laws against contraceptives bad

Question 33

Roe V Wade | 1971

Answer 33

Abortion Right to abortion? Yes, depending on trimester.

Question 34

Webster V Reproductive Health Services | 1988

Answer 34

More steps before abortions (viability tests) restrictions on state aid Restrictions OK because no mandate to help and compelling state interest for viability tests

Question 35

Planned Parenthood V Casey | 1991

Answer 35

Abortion waiting period, parental consent OK because no "undue burden"

Question 36

Stenberg V Carhart | 1999

Answer 36

Partial birth abortions=murder Not okay in this case because undue burden + no clause for safety of mother

Question 37

Gonzales V Carhart | 2006

Answer 37

Congressional partial birth abortion ban OK because 1 type and not medically necessary and not undue burden

Question 38

Bowers V Hardwick | 1985

Answer 38

Sodomy Can be prohibited

Question 39

Lawrence & Garner V Texas | 2002

Answer 39

Gay sex in the home Constitutionally protected

Question 40

Lee V Weismann | 1992

Answer 40

No prayer at middle school grad ceremony

Question 41

Osborne V Ohio | 1990

Answer 41

Child pornography = not okay

Question 42

Terry V Ohio | 1968

Answer 42

Stop and Terry frisk okay if reasonable suspicion

Question 43

McClesky V Zant | 1990ish

Answer 43

Limits appeals of death penalty cases

Question 44

Atkins V Virginia

Answer 44

Bars execution of mentally retarded

Question 45

Roper V Simmons

Answer 45

Bars execution under 18

Question 46

Cruzan V Missouri Dept. of Health | 1990

Answer 46

Living will required to stop vegetative state treatment