Court Cases

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Gitlow v. New York
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1925: established the use of the 14 amendment with the states and the \”bad tendency test\” or preferred position doctrine where the speech could be restricted in it led to a illegal action
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Tinker v. Des Moines
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1969: Students in Iowa were suspended for wearing black armbands protesting the war in Vietnam. The court ruled that wearing black armbands was a form of \”pure speech\” and therefore protected
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Miller v. California
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1973: Established the Miller test which sets the standards for measuring obscenity
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Hustler Magazine v. Falwell
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1988: Court ruled that intentional infliction of emotional distress was permissible under the first amendment
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Texas v. Johnson
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1989: Court ruled that the burning of an American flag is an example of symbolic speech and therefore constitutional
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Reno v. ACLU
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1997: Courts ruled the Communications Decency Act passed by Congress to regulate the internet was unconstitutional
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New York Times v. US
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1971: The U.S. government attempted to stop the New York Times from printing the Pentagon Papers. The courts ruled against the government and support the idea of no prior restraint
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Hazelwood School v. Kuhlmeier
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1988: Supreme Court gave the school administration the authority to regulate the school’s newspaper before it was printed, given the administration the right to censorship
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Boy Scouts of America v. Dale
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2000: Court ruled that the freedom of assembly allows the groups to pick their own members and allows for membership guidelines. Therefore, the Boy Scouts were allowed to no have homosexuals in their organization
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Engel v. Vitale
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1962: Landmark case, prohibited state sponsored recitation of prayer in public school
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Abington School District v. Schempp
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1963: Court outlawed state mandated readings of the Bible or the Lord’s prayer in public school
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Wisconsin v. Yoder
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1972: Court ruled that the Amish community did not have to follow the Wisconsin public school rule of children attending schools until the age of 16. The Amish were allowed to pull their children out of public school before the age of 16
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Lemon v. Kurtzman
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1971: Court ruled against a Pennsylvania law that used state funds to reimburse parochial schools for textbooks and teacher salaries. This case also established the Lemon Test
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Edwards v. Aguillard
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1987: Court ruled against the Louisiana law that required the teaching of creationism with the teaching of evolution
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Reynolds v. US
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1879: Court upheld the federal law that prohibited polygamy even through Reynolds, a mormon claimed it was his religious practice
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Griswold v. Connecticut
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1965: Court ruled that the Constitution created \”zones of privacy\” in the 3rd, 4th, 9th amendment with its enumerated rights
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Roe v. Wade
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1973: Court ruled that a woman’s right to privacy to end her pregnancy was guaranteed in the 14th amendment
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Webster v. Reproductive Health Services
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1987: Gave states the ability to regulate abortions
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Planned Parenthood v. Casey
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1992: States can regulate abortion but it cannot impose \”undue burden\” on the women. Women do not have to tell their husbands, but the state can have the women wait 24 hours to have the abortion
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Lawrence v. Texas
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2003: Supreme court ruled that a law that criminalized homosexual activities in Texas was unconstitutional
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Gideon v. Wainwright
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1963: Warren court strongly supported the fact that state governments must provide an attorney
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Escobedo v. Illinois
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1964: Another Warren court decision, a lawyer must be provided for the accused when he ask for one or the confession that follows will not be admissible in court
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Miranda v. Arizona
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1966: Warren court decision, a defendant must be read all their rights when they are arrested. These rights are now known as Miranda rights
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Mapp v. Ohio
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1961: Court ruled that the evidence obtained without a search warrant was excluded from trial in state court
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Terry v. Ohio
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1968: Court ruled that a search of a criminal suspect is constitutional and it is done for safety purposes
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Furman v. Georgia
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1972: The court ruled that the death penalty was unconstitutional because it was often imposed with racist and arbitrary conditions
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Gregg v. Georgia
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1976: Georgia invented a fair system to be used in death penalty cases. The court ruled in favor of Georgia’s rules. Under this case, the death penalty continued
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Atkins v. Virginia
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2002: Courts ruled that a mentally ill defendant could not be executed
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Plessy v. Ferguson
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1896: The Supreme Court ruled in favor of the Jim Crow laws if the facilities were equal, given the U.S. the doctrine of \”separate but equal\”
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Brown v. Board of Education
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1954: stated that the \”separate but equal\” doctrine was unfair and that states were to desegregate public and private facilities
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Regents of the University of California v. Bakke
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1978: 1st ruling against affirmative action. Bakke, a white student, had been unfairly treated by the actions of affirmative action
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Marbury v. Madison
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1803: 1st court case to use judicial review
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McCulloch v. Maryland
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1819: gave states and Congress the implied powers
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Korematsu v. US
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1944: Ruling on the Japanese-Americans’ internment during World War II. The Supreme Court ruled that FDR’s actions were constitutional
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US v. Nixon
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1974: Supreme Court ruled that executive privilege could not be used to avoid prosecution in a criminal trial. Nixon was forced to turn over the tapes
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Clinton v. New York
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1998: The cases banned the presidential use of a line item veto since it off set the balance of power between the three branches

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