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Supreme Court cases
court cases
| Question | Answer |
|---|---|
| Obscenity is not protected speech. Defining obscenity is up to individual community standards. | Roth v. U.S. Miller v. California |
| It is permissible to advocate the violent overthrow of the government in the abstract but not actually to incite anyone to imminent lawless action. | Brandenburg v. Ohio |
| Clear and present danger test. Gov. can limit speech if the speech provokes clear and present danger of substantive evils. | Schenck v. U.S. |
| Ruled the 1st amendment protects newspapers from prior restraint. | Near v. Minnesota |
| 1962 decision holding that the state officials violated the 1st amendment when they wrote a prayer to be recited by New York school kids. | Engel v. Vitale |
| Lemon Test: Aid to church related schools must 1. have a secular purpose 2. have a primary effect that neither advances nor inhibits religion. 3. not foster excessive gov. entanglement with religion. | Lemon v. Kurtzman |
| Incorporated the 1st amendment to apply to the states by way of the due process clause of the 14th amendment. States can limit speech under the dangerous tendency test. | Gitlow v. New York |
| Holding that the Bill of Rights restrained only the national gov. not the states and cities. | Barron v. Baltimore |
| set up judicial review. The SC has the right to review all pres. and congressional actions to determine if they are constitutional. | Marbury v. Madison |
| Established the supremacy of the national gov. over the state gov. Upheld implied powers for congress. EX- Congress has the expressed power to coin money, it is implied from that power that they can create a national bank. | McCulloch v. Maryland |
| Gave congress the power to regulate interstate commerce and upheld the supremacy clause (Federal law trumps state law). | Gibbons v. Ogden |
| Established the right to privacy. SC ruled privacy is implied in the Bill of Rights under the 1st, 3rd, 4th, and 9th. | Griswold v. Connecticut |
| Incorporated the 6th amendment right to an attorney to apply to the states. Overturned Betts v. Brady that said states did not have to grant an attorney. | Gideon v. Wainwright |
| Abortion falls under right to privacy, protected under the 14th. States cannot ban abortion during the 1st trimester, | Roe v. Wade |
| Supreme Court loosened its standard for evaluating restrictions on abortion from one of strict scrutiny to one of undue burden that permits more state regulations. EX- 24 hours waiting period, ultrasound required, parental notification. | Planned Parenthood v. Casey |
| Upheld the constitutionality of the death penalty stating that it was not cruel and unusual punishment. Can only be for Murder 1, and must be a two phase trial. | Gregg v. Georgia |
| fighting words. Words that by there very utterance inflict injury or tend to incite an immediate breach of peace. | Chaplinsky v. New Hampshire |
| created a base definition of libel. Material that is written with malice and a reckless disregard for truth. Slander is similar. | NY times v. Sullivan |
| Protected flag burning as symbolic speech. | Texas v. Johnson |
| McCain-Feingold campaign finance laws were const. Allowed for a ban on soft money and restricting television commercials just before an election. | McConnell v. Federal Election Commission |
| incorporated 2nd amendment. upheld the right of citizens to own a firearm for self defense. | D.C. v. Heller |
| Exclusionary Rule. Person caught with obscene material, however the police did not have a warrant. Court ruled evidence gathered in an illegal search is in admissible and material must be excluded from trial. | Mapp v. Ohio |
| Allowed inevitable discovery. Use of evidence that would have been discovered with a warrant. If police obtained evidence in good faith it does not violate the 4th amendment. | Nix v. Williams U.S. v. Leon |
| suspects must be notified of their right to remain silent and right to an attorney. | Miranda v. Arizona |
| enemy combatents have due process rights. | Hamdi v. Rumsfeld |
| overturned gun free school zone safety act. The act made it a federal crime to carry a gun within 1000 yards of a school based on the commerce clause. Court ruled this had nothing to do with commerce. | U.S. v. Lopez |
| Racially segregated schools had a detrimental effect on minority children and are thus unequal. Ruled segregation to be a violation of the equal protection clause of 14th amendment. | Brown v. Board |
| Kids wore black armbands to protest Vietnam War. Court ruled it was protected speech. Rights do not stop at the school house door. | Tinker v. Des Moines |
| Separate but equal facilities were not a violation of the 14th amendment or the privileges and immunities clause. Thus states were allowed to racially segregate. | Plessy v. Ferguson |
| Case involved dispute over reapportionment within the states. TN legislature argued that the drawing of districts was a political issue not a legal issue. Court ruled that it was a constitutional issue and came up with the one person one vote rule | Baker v. Carr |
| students do not have same free speech rights as adults. Student suspended for holding Bong hits for Jesus sign up while Olympic torch was passing by the school | Morris v. Frederick |
| Race as a consideration (affirmative action) is Constitutional, quotas are unconstitutional. | Univ. of CA v. Bakke |
| Upheld FDR’s executive order to exclude Japanese Americans from areas deemed critical to national defense and potential vulnerable to espionage. Also allowed the use of internment camps in times of emergency. | Korematsu v. United States |
| Teens burned a cross on a black families lawn. Police charged one teen under an ordinance which prohibits display of symbols which arouse anger, alarm, or resentment on the basis of race/religion. Court ruled ordinance was overly broad. | R.A.V. v. St. Paul |
| Congress created the FEC and required that all campaign donations must be reported to the FEC. Also placed limits on how much could be donated to a candidate. | Buckley v. Valeo |
| Incorporated the establishment clause to apply to the states. Banned NY short voluntary non denominational prayer that was to be recited at the start of the school day. | Engle v. Vitale |
| Teens burned cross in black families lawn. Prosecuted under hate crimes law. Court ruled the law was overly broad and that the gov. could not take sides on a free speech issue. | R.A.V. v. St. Paul |
| Corporate do have the right to donate money to candidates and to interest groups as long as they follow disclosure laws. | Citizens United v. FEC |
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Popular American Government sets