Supreme Court Cases - Judiciary and Civil Liberties

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These are flashcards for only the judicial cases for RHS AP Gov Class for the Judiciary and Civil Rights/Liberties Unit

Gitlow v. New York

Incorporated the first amendment to the states

Near v. Minnesota

the 1931 Supreme Court decision holding that the first amendment protects newspapers from prior restraint.

Engel v. Vitale

upheld establishment clause; prohibited school sponsored prayer in public schools (Warren court)

Lemon v. Kurtzman

Government money can be given to parochial schools provided it is not used in any way to purchase resources that could be used to teach religion.

Schenck v. United States

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

Brandenburg v. Ohio

Court set up a two rule system for determining when the states can overrule free speech. 1) If the speech is directed toward producing imminent violent action, and 2) it is likely to incite or produce such action

Direct incitement test

advocacy of illegal action is protected by the 1st Amendment unless imminent lawless action is intended and likely to occur

New York Times Co. v. Sullivan

A public figure suing a publisher for libel must prove that the publisher published the libelous story knowing it was false

Libel and Slander

(written) (oral) you cannot make false statements in public that might damage a persons reputiation unless you can prove it

Miller v. California

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

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their rights prior to being questioned

Weeks v. United States

The 1914 case that said that evidence obtained through an unreasonable search and seizure cannot be used in federal trials. (exclusionary rule)

Mapp v. Ohio

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

Gideon v. Wainwright

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

Furman v. Georgia

The U. S. Supreme Court ruled that the death penalty, as administered, constituted cruel and unusual punishment in which case

Gregg v. Georgia

reinstated the death penalty

Griswold v. Connecticut

Established that there is an implied right to privacy in the U.S. Constitution

Roe v. Wade

legalized abortion on the basis of a woman's right to privacy (1973)

Webster v. Reproductive Health Services

allowed states to ban abortions from public hospitals and permitted doctors to test to see if fetuses were viable

Planned Parenthood of Southeastern Pennsylvania v. Casey

the Court reaffirmed Roe but upheld that states can put restrictions on abortion

Bowers v. Hardwick

criminalization of oral + anal sex=constitutional (overruled by lawrence v Texas)

lawrence v Texas

Texas law criminalizing private consensual homosexual activity is unconstitutional

Boy Scouts of America v. Dale

The boy scouts were allowed to dismiss a gay leader, holding that freedom of association outweighed the New Jersey anti-discrimination statute; forcing BSA to have gays would reduce BSA's ability to express their [bigoted] views

Cruzan v. Missouri Department of Health

it was acceptable to require "clear and convincing evidence" that victim wanted removal of life support.

Warren Court

Supreme court, under Earl Warren, best remembered for expanding rights of minorities and the accused.

Brown v. Board of Education

Court ruled that segregation was unconstitutional, overturned Plessey v Ferguson. (Warren Court)

Mapp v. Ohio

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

Baker v. Carr

One person one vote-state elections (Warren Court)

Miranda v. Arizona

The accused must be notified of their rights before being questioned by the police (Warren Court)

Burger Court

a more conservative Supreme Court under Warren Burger

New York Times v. US

pentagon papers case; concluded that gov could not stop NYT because of "prior restraint" (Berger Court)

Roe v. Wade

legalized abortion on the basis of a woman's right to privacy (Berger Court)

US v. Nixon

Supreme Court ruling that stated that there is no "absolute unqualified" presidential privilege of immunity.

Gregg v. Georgia

Upheld the death penalty was NOT cruel and unusual punishment

Regents v. Bakke

a quota-like ban on admission is unconstitutional but "diversity" is a legitimate goal that can be pursued by taking race into account

Rehnquist Court

a court of judicial restraint and conservative tendencies.

centrist court

?

Texas v. Johnson (1989)

Flag-burning is symbolic speech with a political purpose and is protected by 1st Amendment.

Webster v. Reproductive Health Services (1989)

States can place restrictions on abortions (viability tests, no use of public facilities for abortions, no counseling to have abortions)

Planned Parenthood v. Casey (1992)

Reaffirmed Roe v. Wade but upheld certain limits on its use

Reno v. American Civil Liberties Union (1996)

a law that bans sending "indecent" material to minors over the Internet is unconstitutional because "indecent" is too vague

James Dale v. Boy Scouts of American (2000)

ruled that BSA had the right to exclude Gays because allowing them would reduce BSA's ability to express their views

Bush v. Gore (2000)

Controversial election case that made the final decision on the Florida recounts, and thus, the result of the 2000 election.

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