Supreme Court Cases Ch. 4 and 5

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Barron v. Baltimore

Bill of rights restrains only the national government

Gitlow v. New York

Freedoms of press and speech are "fundamental personal rights" protected by the 14th amendment from infringement by the states as well as the federal government. (Compare to Barron v. Batimore)

Lemon v. Kurtzman

Aid to parochial schools must 1) have a secular purpose 2) have an effect that neither promotes nor limits religion 3) will not excessively involve government with religion

Engel v. Vitale

State officials violated the first amendment when they wrote a prayer to be recited by New York schoolchildren

School District of Abington Township, PA v. Schempp

State law requiring bible reading in schools violated establishment clause of 1st amendment

Near v. Minnesota

First amendment protects newspapers from prior restraint (censorship before publication)

Schenck v. United States

Upheld conviction of socialist who urged men to resist the draft during WWI. Government can limit speech if it presents a "clear and present danger"

Zurcher v. Stanford Daily

Proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the first amendment right to freedom of the press

Roth v. United States

Obscenity is not within the area of constitutionally protected speech or press

Miller v. California

Avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive", as well as lacking artistic, political, literary, or scientific value. (Miller test)

New York Times v. Sullivan

Established guidelines for determining whether public officials and public figures could win damage suits for libel. Individuals must prove that the defamatory statements were made with malice, and disregard for the truth.

Texas v. Johnson

Struck down law banning flag burning, deeming it symbolic speech protected by the 1st amendment

Miami Herald Publishing Company v. Tornillo

A state cannot force a newspaper to print replies from candidates it criticizes, illustrating the limited power of the government to restrict the print media

Red Lion Broadcasting Company v. FCC

Upheld restrictions on radio and television broadcasting. Restrictions are tighter than on print media because there are a limited number of broadcasting frequencies available

NAACP v. Alabama

Protected right to assemble peaceably when it decided that the NAACP did not have to reveal the membership list and subject its members to harrassment

Mapp v. Ohio

4th amendment protections against unreasonable searches and seizures apply to state government as well as federal government

Miranda v. Arizona

Set guidelines for police questioning of accused persons to protect their right to legal counsel and their freedom from self-incrimination

Gideon v. Wainwright

Anyone accused of a felony where imprisonment is a possibility has the right to a lawyer

Gregg v. Georgia

Upheld constitutionality of death penalty, calling it an "extreme sanction suitable to the most extreme of crimes". It is not cruel and unusual punishment.

McClesky v. Kemp

Upheld constitutionality of the death penalty against charges that it violated the 14th amendment because minority defendants were more likely to be put to death than white defendants

Roe v. Wade

State bans on all abortions are unconstitutional. Set guidelines for states by trimester. 1st: no state regulation of abortions; 2nd: states can allow regulated abortions, but only to protect the mother's health; 3rd: states can ban abortions, except if the mother's life/health is in danger

Planned Parenthood v. Casey

Loosened standards for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints on a "fundammental right" to one of "undue burden" that permits considerably more regulation

Scott v. Sandford

Ruled that a slave who had escaped to a free state enjoyed no rights as a citizen and that Congress had no authority to ban slavery in the territories

Plessy v. Ferguson

Separate but equal accommodations for whites and blacks was constitutional

Brown v. Board of Education

Separate is inherently unequal. Violates equal protection granted by 14th amendment. End of legal segregation in the US

Reed v. Reed

For the first time, upheld a claim of gender discrimination

Craig v. Boren

Established the "medium scrutiny" standard for determining gender discrimination

Regents of the University of California v. Bakke

State university cannot admit less qualified individuals solely because of their race

Adarand Constructors v. Pena

Federal programs that classify people by race, even for the purposes of expanding minority opportunities, should be presumed to be unconstitutional

Korematsu v. United States

Upheld the internment of Japanese-Americans during WWII

Atkins v. Virginia

Declared execution of mentally retarded criminals to be cruel and unusual punishment

Lawrence v. Texas

Unconstitutional to regulate same-sex relations

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