Court Cases

Flashcard maker : Clarence Louder
Gitlow v. New York
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
Tinker v. Des Moines
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
Miller v. California
1973: Established the Miller test which sets the standards for measuring obscenity
Hustler Magazine v. Falwell
1988: Court ruled that intentional infliction of emotional distress was permissible under the first amendment
Texas v. Johnson
1989: Court ruled that the burning of an American flag is an example of symbolic speech and therefore constitutional
Reno v. ACLU
1997: Courts ruled the Communications Decency Act passed by Congress to regulate the internet was unconstitutional
New York Times v. US
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
Hazelwood School v. Kuhlmeier
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
Boy Scouts of America v. Dale
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
Engel v. Vitale
1962: Landmark case, prohibited state sponsored recitation of prayer in public school
Abington School District v. Schempp
1963: Court outlawed state mandated readings of the Bible or the Lord’s prayer in public school
Wisconsin v. Yoder
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
Lemon v. Kurtzman
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
Edwards v. Aguillard
1987: Court ruled against the Louisiana law that required the teaching of creationism with the teaching of evolution
Reynolds v. US
1879: Court upheld the federal law that prohibited polygamy even through Reynolds, a mormon claimed it was his religious practice
Griswold v. Connecticut
1965: Court ruled that the Constitution created \”zones of privacy\” in the 3rd, 4th, 9th amendment with its enumerated rights
Roe v. Wade
1973: Court ruled that a woman’s right to privacy to end her pregnancy was guaranteed in the 14th amendment
Webster v. Reproductive Health Services
1987: Gave states the ability to regulate abortions
Planned Parenthood v. Casey
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
Lawrence v. Texas
2003: Supreme court ruled that a law that criminalized homosexual activities in Texas was unconstitutional
Gideon v. Wainwright
1963: Warren court strongly supported the fact that state governments must provide an attorney
Escobedo v. Illinois
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
Miranda v. Arizona
1966: Warren court decision, a defendant must be read all their rights when they are arrested. These rights are now known as Miranda rights
Mapp v. Ohio
1961: Court ruled that the evidence obtained without a search warrant was excluded from trial in state court
Terry v. Ohio
1968: Court ruled that a search of a criminal suspect is constitutional and it is done for safety purposes
Furman v. Georgia
1972: The court ruled that the death penalty was unconstitutional because it was often imposed with racist and arbitrary conditions
Gregg v. Georgia
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
Atkins v. Virginia
2002: Courts ruled that a mentally ill defendant could not be executed
Plessy v. Ferguson
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\”
Brown v. Board of Education
1954: stated that the \”separate but equal\” doctrine was unfair and that states were to desegregate public and private facilities
Regents of the University of California v. Bakke
1978: 1st ruling against affirmative action. Bakke, a white student, had been unfairly treated by the actions of affirmative action
Marbury v. Madison
1803: 1st court case to use judicial review
McCulloch v. Maryland
1819: gave states and Congress the implied powers
Korematsu v. US
1944: Ruling on the Japanese-Americans’ internment during World War II. The Supreme Court ruled that FDR’s actions were constitutional
US v. Nixon
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
Clinton v. New York
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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