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Schenck v. United States 1919

Supreme court decides that any actions taken that present a "clear and present danger" to the public or government isn't allowed, this can limit free speech

Gitlow v. New York 1968

established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment

United States v. O'Brien 1968

burning a draft card is illegal

Tinker v. Des Moines 1969

students wore black armbands in protest of the Vietnam War; student's rights are not "shed at the schoolhouse gates," symbolic speech allowed

Miller v. California 1973

1973 ruling that determined the obscenity clause to related to works that lack literary, artisitic, political or scientific value. (LAPS test)

Buckley v. Valeo 1976

a case in which SCOTUS upheld federal limits on campaign contributions, ruled that spending money to influence elections is a form of constitutionally protected free speech, candidates can give unlimited amounts of money to their own campaigns.

Texas v. Johnson 1989

Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment

Citizens United v. Federal Elections Commission 2010

Supreme Court ruled that corporations also have free speech rights so they can donate without any restrictions

Near v. Minnesota 1931

first amendment protects newspapers from prior restraint (incorporation of free speech)

New York Times v. Sullivan 1964

to libel a public figure, there must be "actual malice"

Reynolds v. United States 1879

First Amendment protects religious belief, but not criminal practices related to religious belief (polygamy)

Everson v. Board of Education 1947

The Court ruled that the New Jersey law (allowing the state to pay for busing students to parochial shcools) was constitutional; the law benefited students rather than aided a religion directly.

Lemon v. Kurtzman 1971

Law must be clearly secular, not prohibiting or inhibiting religion, and there should be no excessive entanglement

Employment Division v. Smith 1988

The Court ruled that Oregon could deny unemployment benefits to workers fired for using dugs (peyote) as part of a religious ceremeony

Van Orden v. Perry 2005

Establishment Clause. Ruled that the 10 commandments were OK because they were of historical significance

District of Columbia v. Heller 2008

Declares that the Second Amendment includes an individual right to have a gun. (Federal Right Only)

Chicago v. McDonald 2010

determined whether the Second Amendment applies to the individual states

Weeks v. United States 1914

Government doesn't have the right to search someone's home and seize possessions without a search warrant (exclusionary rule)

Mapp v. Ohio 1961

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)

New Jersey v. TLO 1985

a student may be searched if there is "reasonable ground" for doing so

Barron v. Baltimore 1833

(ships/wharf) holding that the bill of rights restrained only the national government, not the states and cities

Dred Scott v. Sandford 1857

slaves were not citizens; that living in a free state or territory did not free slaves; declared the MO Compromise unconstitional

Miranda v. Arizona 1965

The accused must be notified of their rights before being questioned by the police

Kelo v. City of New London 2005

government can take land for public use/purpose (eminent domain)

Gideon v. Wainwright 1963

A person who cannot afford an attorney may have one appointed by the government

Furman v. Georgia 1972

Death penalty is cruel and unusual if carried out in "an arbitrary, discriminatory, and capricious manner"

Gregg v. Georgia 1976

upheld the death penalty was NOT cruel and unusual punishment

Plessy v. Ferguson 1896

separate but equal

Korematsu v. United States 1944

Supreme Court case that ruled internment of Japanese Americans was legal

Brown v. Board of Education of Topeka 1954

racial segregation in schools declared unconstitutional

U.C. Regents v. Bakke 1978

eliminated strict racial quotas but allowed race to be one of the factors relating to admission status (affirmative action)

United States v. Virginia 1996

Sex-based "separate but equal" military training facilities violate Fourteenth Amendment's Equal Protection Clause

Griswold v. Connecticut 1965

found a "right to privacy" in the Consitution that would ban any state law against selling contraceptives

Roe v. Wade 1973

legalized abortion on the basis of a woman's right to privacy

Planned Parenthood v. Casey 1992

states may regulate abortion as long as there is "no undue burden" on the mother;gave states more leeway in regulating abortion (parental consent, 24 hour waiting period)

Stenberg v. Carhart 2000

states may not ban partial birth abortions if they fail to allow an exception to protect the health of the mother

Lawrence v. Texas 2003

state law may not ban sexual relations between same-sex partners

exclusionary rule

improperly gathered evidence may not be introduced in a criminal trial

equal protections clause

laws must provide equivalent "protection" to all people.

affirmative action

actively trying to create equality

quota system

having a certain number of slots for minorities

due process

fair application of the law

defacto segregation

created by society, not laws

dejure segregation

segregation by law

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