Very Important Court Cases Flashcards
(36 cards)
Marbury v. Madison (1803)
Supreme court case in which judicial review was established
Barron v. Baltimore (1833)
Barron v. Baltimore (1833) Established that Bill of Rights protections were NOT incorporated. In other words, the Bill of Rights only applied to the national government, not the states. (Later overruled through the process of selective incorporation).
Engle v. Vitale (1962)
A state composed prayer, read over the loud-speaker at school, is an unconstitutional violation of the Establishment Clause, even if participating in the prayer was voluntary.
Lemon v. Kurtzman (1971)
Established a test to determine if a government action violated the Establishment Clause. To be constitutional, the policy had to:
-have a secular purpose
-neither advance nor inhibit religion AND
-avoid excessive entanglement of the government and religion
Not totally followed anymore
Reynolds v. U.S. (1879)
Court upheld federal law against polygamy despite claims of free exercise of religion by Mormons.
Wisconsin v. Yoder (1972)
Wisconsin laws required all children, including Amish, to attend school beyond 8th grade. Amish objected. Court ruled in favor of Amish on Free Exercise grounds.
Oregon v. Smith (1990)
Upheld the actions of Oregon denying unemployment benefits to a Native American man fired for using peyote for religious reasons.
Gitlow v. New York (1925)
Established precedent of incorporation (selectively applying the Bill of Rights to the states); states cannot deny freedom of speech because of due process clause of Amendment 14 which extends certain fundamental rights to the states.
Overturned Barron v. Baltimore.
Tinker v. Des Moines (1969)
After being warned not to by school administrators, students wore black arm bands to school to protest the Vietnam War. Students were suspended. Supreme Court ruled against school and said that students do not shed their constitutional rights at the schoolhouse gate. If the armbands would’ve been disruptive to the educational process, they could’ve been restricted.
Miller v. California (1973)
Obscenity is not protected free speech and in this case the Court attempted to define obscenity. To be obscene all 3 must apply:-average person would say it appeals to prurient interest-describes or depicts sexual conduct in a patently offensive way and-lacks serious literary, artistic, political, or scientific value (LAPS test)
Brandenburg v. Ohio (1968)
KKK held rally and Klan leader made speech that he was arrested for b/c Ohio said it violated a law banning speech that advocated “crime, sabotage, violence, or unlawful methods of terrorism…”. Court ruled that the law was too broad and violated free speech. They ruled, however that speech directed to incite imminent lawless action AND likely to incite such action can be prohibited.
Texas v. Johnson (1989)
Flag burning is protected speech under the 1st amendment. (Symbolic speech)
New York Times v. United States (1971)
Prior restraint not permissible except in very limited instances.
The First Amendment did protect the right of the NY Times’ to print the Pentagon Papers. To exercise Prior Restraint, the Govt must show the publication would cause an inevitable, direct, and immediate event imperiling the safety of American forces. They did not in this case.
New York Times v. Sullivan (1964)
Case in which the Supreme Court concluded that “actual malice” must be proven to support a finding of libel against a public figure. (Burden different when “victim” is public official. False and harmful not enough, must also show paper knew they were false)
Near v. Minnesota (1931)
A newspaper publisher wrote editorial attacking public officials that made some anti-semitic remarks. State tried to shut down paper using state law that banned malicious, scandalous, and defamatory periodicals. SC ruled that state could not shut paper down b/c doing so amounted to prior restraint of the press (stopping something from being published prior to being published). Banned prior restraint of press except in extremely limited circumstances.
D.C. v. Heller (2008)
The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home.
McDonald v. Chicago (2010)
The 2nd amendment was incorporated to apply to the states.
Weeks v. U.S. (1914)
Established the exclusionary rule (evidence obtained illegally by law enforcement cannot be used in court).
Mapp v. Ohio (1961)
incorporated the exclusionary rule
New Jersey v. TLO (1985)
Asst. Principal’s search of student’s purse after teacher accused her of smoking in restroom. Drugs found. Allowed search and seizure in schools without a search warrant as long as there was reasonable suspicion (even if not probable cause).
Miranda v. Arizona (1966)
Man arrested for kidnapping and rape. Police interrogated him w/out informing him that he had a right not to talk to them. Conviction thrown out as SC ruled that police must inform the accused of their right to remain silent and right to an attorney prior to questioning. Established precedent that “Miranda warnings” must be read to the arrested.
Gideon v. Wainwright (1963)
Fla. man broke into pool hall and stole beer, change, and cigarettes. Poor and asked for attorney, but was not given one b/c it was not a capital case. Convicted and sentenced to 5 years. Appealed from jail. SC ruled in his favor and required states to provide attorneys to those unable to afford (incorporated) in any felony case.
Roper v. Simmons (2005)
Court ruled that capital punishment for those under 18 years of age when crime was committed constitutes cruel and unusual punishment and is therefore unconstitutional.
Griswold v. Connecticut (1965)
Established that despite no specific constitutional language, the Constitution does protect privacy and thus the right for married couples to use contraception. The Court reasoned that the 1st, 3rd, 4th, & 9th amendments taken together establish a privacy right. This implied right to privacy was later the basis of a constitutional right to an abortion in Roe v. Wade.
