Civil Liberties Cases Flashcards
(41 cards)
established standards for governing obscenities
Miller v. California (1973)
(press/amendment 1) government cannot pass censor or otherwise prohibit publication in advance
prior restraint is forbidden
Near v. Minnesota (1931)
(amendment 9) established a constitutional right to privacy and a zone of personal autonomy
Griswold v. Connecticut (1965)
(amendment 9) ruled a Texas law outlawing abortion as unconstitutional except to save the mothers life
Roe v. Wade (1973)
placed limits on the extent of the exclusionary rule and established the “good faith exception”
US v. Leon (1984)
struck down a state program that would have helped pay the salaries of teachers hired by parochial schools to give instruction in secular subjects
Lemon v. Kurtzman (1971)
case establishing statements that police required to make to a person before that person is subject to in-custody questioning
Miranda v. Arizona (1968)
preserved the right of individuals to burn the flag as a form of symbolic speech
similar to decision in US v. Eichman (1990)
Texas v. Johnson (1989)
prohibiting the reciting of prayers in public schools, choice was the parents and kids choose where they want to go, does not apply to private schools
Engle v. Vitale (1962)
(amendment 4) ruled that all evidence obtained illegally was inadmissible in a state court. this case applied the exclusionary rule to all levels of government
Mapp v. Ohio (1961)
the supreme court upheld a local government program that provided free transportation to parochial students
“separate and so indisputably marked off from the religious function”
Everson v. NJ Board of Education (1947)
Supreme Court ruled the freedom of speech take precedence - with public officials, one of the biggest attacks on the civil rights of black Americans
New York Times v. Sullivan (1964)
protection against double jeopardy is not a fundamental right
Palko v. Connecticut (1937)
(amendment 6) made the right to a jury trial in criminal cases obligatory on the states (“fundamental to American…Justice”) later, the supreme court held that the right applied to all non-petty criminal cases(
Duncan v. Louisiana (1968)
(amendment 5) everyone has a right to legal counsel
Gideon v. Wainwright (1963)
(speech/amendment 1) first instance of the court applying the Bill of Rights to the states (incorporation)
bad tendency test
Gitlow v. New York (1925)
specific individual rights that are constitutionally protected against gov’t infringement
Civil Liberties
powers of privileges guaranteed to individuals and protected from arbitrary removal at the hands of gov’t or individuals
Civil rights
the Court held as constitutional a gov’t program in which parochial school students borrowed state-purchased textbooks. no evidence of religious books being loaned, parochial schools also perform the task of secular education
NY Board of Education v. Allen (1968)
to advance education in general, not religious education
Purpose of NY Board of Education v. Allen (1968)
they must have a secular purpose, their primary effect must not be to advance or inhibit religion, they must not entangle the government excessively with religion
Three-pronged test (Lemon test)
the court ruled that is was constitutional for the state of Ohio to provide students with tuition vouchers to be used at a school of their choice
Zelman v. Simmons-Harris (2002)
the court ruled (7-2) that disqualifying Sherbert, a Seventh-Day Adventist, from receiving unemployment benefits violated the free-exercise clause, she was fired for having to work on the day of going to church
Sherbert v. Verner (1963)
exemptions for ‘closely held’ corporations regarding denial of health coverage for contraception
Burwell v. Hobby Lobby (2014)
