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Civillibertycases
Civil Liberties for pates class
Question | Answer |
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1971: The court ruled that the direct state aid could not be used to subsidize religious instruction. The aid must be secular in aim. | Lemon v. Kurtzman, |
1962: this decision struck down a New York nondenominational prayer that stated with the words "Almighty God, we acknowledge our dependence upon theeā¦" | Engel v. Vitale |
1963: This decision ruled that a Pennsylvania state law that allowed a Bible passage to be read at the start of the school day was unconstitutional. | Abington School District v. Schempp |
1968: This decision struck down an Arkansas law forbidding the teaching of the theory of evolution. | Epperson v. Arkansas |
1992: This decision directed school officials not to invite clergy to recite prayers at graduation ceremonies. | Lee v. Weisman |
1990: The Court decided, based on the Equal Access Act, that schools did not violate the establishment clause by allowing Bible study clubs to meet after school using school facilities where public funds were not being used to pay teachers as advisers. | Westside School District v. Mergens |
2000: A school policy permitting student- led prayer before the start of a football game was ruled unconstitutional because the school provided the equipment. | Santa Fe Independent School District v. Doe |
1919: Justice Holmes ruled for the majority that Schenck did not have the right to print, speak and distribute material against United States efforts in WWI because a "clear and present danger" existed. | Schenck v. United States |
1971: Known as the Pentagon Papers case, the Supreme court ruled that the government did not have the right to prevent the New York Times from printing information about the history of the country's involvement in the Vietnam Conflict. | New York Times v. United States |
1969: This decision established that students' rights are "not shed at the schoolhouse gates" and the defined the students' wearing a black armband in silent protest of the Vietnam conflict as "a legitimate form of symbolic speech." These rights were late | Tinker v. Des Moines |
1988: Gregory Johnson arrested for burning a flag outside of the Republican National Convention in protest of the President's foreign policy, the Supreme court ruled that this action was a form of symbolic speech protected by the 1st Amendment. | Texas v. Johnson |
1957: the Court ruled that "obscenity is not within the constitutionally protected speech or press." if material appealed to the "prurient interests" and if it showed "patently offensive sexual content" and if it "lacked serious artistic, literary, politi | Roth v United States |
1997: The Court ruled that the provisions of the 1996 Communications Decency Act, which punished Internet providers for making pornographic material available over the Internet, was unconstitutional because it was too vague. | Roth v A.C.L.U. |
1942: In a key incorporation case, a doctrine defining what constitutes "fighting words" was established as a result of spoken words that "by their very utterance inflict injury or tend to incite an immediate breech of peace that governments may constitu | Chaplinsky v. New Hampshire |
1964: This decision was a base definition of what constitutes libel. | New York v. Sullivan |
1937: In a key incorporation case, the Count ruled that the 14th Amendment's due process clause applies to freedom of assembly. The Court found that DeJonge had the right to organize a Communist Party and speak at its meetings even though the party advoca | DeJonge v. Oregon |
1941: The Court approved advanced notice and a permit for a demonstration on public property. The right of individuals to petition on private property such as shopping centers has been restricted much more than on public property. | Cox v. New Hampshire |
1971: The Court ruled that a Cincinnati ordinance that made it a criminal offense for three or more persons to assemble on a sidewalk and annoy passerby with their conduct was unconstitutional. | Coates v. Cincinnati |
1978: This decision is known as the Skokie case, The Court let a lower court decision stand allowing the Nazi Party to march through the predominantly Jewish section of Skokie, Illinois. | Collins v. Smith |
1990: The Court ruled that a city of Chicago ordinance that prohibited "loitering" by two or more people who appeared to be engaged in "gang activities" was too broad and violated that right of people to assemble. | Chicago v. Morales |
1997: The Court ruled that "fixed buffer zones" designed to restrict protesters assembled in front of abortion clinics were legal and did not violate the 1st Amendment. | Schenck v. Pro-Choice Network of Western New York |
939: This case determined that a section of the National Firearms Act of 1934, which made it a crime to ship certain kinds of weapons across state lines unless they were registered, was constructional because it did not have any link to a state militia. | United States v. Miller |
1961: A key state incorporation case, Mapp v. Ohio established the exclusionary rule for states. The exclusionary rule determine that police may obtain only the evidence available through a legitimate search warrant. Other evidence found at the scene of | Mapp v. Ohio |
1965: The Court struck down a Connecticut law that prohibited the use of contraceptives. It arose after a doctor was arrested for distributing birth control devices. Using the privacy provision of the 4th Amendment the Court stated that individuals had th | Girlswold v. Connecticut |
1967: Reversing the long-standing Olmstead doctrine, which allowed federal wire tapping to obtain evidence, the Court outlined stricter criteria for wire tapping in the Katz decision. | Katz v. Untied States |
1972: Using the concept of being "secure in their persons," the court ruled that abortions are constitutionally protected. It set up a trimester system allowing unrestricted abortions in the first trimester but regulated abortions during the second trimes | Roe v. wade |
1984: in this decision, the Court created a "good faith" exception to the exclusionary rule, allowing the introduction of illegally obtained evidence where police can prove that the evidence was obtained without violating the core principle of Mapp v. Oh | United states v. Leon |
1992: The Court upheld a Pennsylvania law requiring minors to wait 24 hours after receiving parental approval before getting an abortion as constitutional. The decision also struck down a provision mandating that women obtain "informed spousal consent" | Planned Parenthood v. Casey |
2000: The Court ruled that state laws limiting "late term" and "partial birth" abortions were unconstitutional because they violated the principles of Roe v. Wade. | Sternberg v. carhart |
Danny Escobedo requested assistance of a lawyer after he was arrested for the number of his brother. The police would not grant the request even though there was a lawyer at the police station. Escobedo made a number of incriminating statements without hi | Escobedo v. illinois |
1964: This landmark case established that the accused has the right to an attorney even if he or she cannot afford one. Gideon, accused of a felony in Florida, requested the assistance of a lawyer. The Florida criminal justice system allowed free assistan | Gideon v. Wainright |
966: In probably one of the most publicized cases of its kind, Ernesto Miranda, mentally retarded, was accused of and convicted for rape and kidnapping. He confessed to the crime under intense interrogation without any mention by the police of his right t | Miranda v. Arizona |
1984: The Court created a "public safety" exception to the Miranda warnings allowing the police to arrest an accused criminal without reciting the Miranda rights where public safety is concerned. | New York v. Quarles |
2000: The Court upheld Miranda and struck down a 1968 congressional act that permitted local law enforcement officials to accept voluntary confession made before the accused was read his rights. | Dickerson v. United States |
951: Deals with federal cases and establishes clearly that any bail set that goes beyond what is reasonable to guarantee that the accused will appear at a trial is excessive under the 8th Amendment. State determine their own standards of reasonableness un | Stack v. Boyle |
1976: The landmark case, which held that "the punishment of death does not invariably violate the Constitution." However, it did affirm standards and criteria set down in Furman v. Georgia, 1972 regarding discretion of judges and make-up of juries. Since | Gregg v. Georgia |
1991: The Court upheld a life sentence imposed on the defendant for cocaine possession as a first time offender, ruling that the state law imposing the sentence was not a violation of the 8th Amendment. | Harmelin v. Michigan |
990: The Court ruled that a living will is a legitimate document that can be used to direct a hospital to pull the plug of a patient. It did into sanction unrestricted euthanasia procedures. The issue of physician assisted suicide was decided in 1997. In | Cruzan v. Missouri Department of Health |
1995: The court ruled that Congress misused its authority in enacting the Gun Free School Zone Safety Act, which made the possession of a gun within 1000 yards of a school a federal crime. The Court ruled that enforcement of such an act comes under the au | United States v. Lopez |
1997: Challenging the provision of the Brady Law, which mandated local officials to perform background checks on people purchasing handguns, the Court ruled that specific part of the law was unconstitutional. | Printz, Sheriff/Coroner, Ravalli County, Montanan v. United States |