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American Government Court Cases

Terms in this set (24)

Brandenburg v Ohio
Extended freedom of speech to new limits. Threats of a KKK leader were deemed ok b/c of a failure to prove a real danger from them. Declared that speech is protected unless proven that actions directly incited the action. 1969
Schenck v United States
Defendant spoke out against the draft in the middle of WWI, and although he has the right to free speech, he was speaking out in a time where he caused panic, and it was stated that he was a "clear and present danger" so he spent 6 months in prison. 1919
Near v Minnesota
Prior restraint; state tried to stop publication a newspaper that accused city of being overrun by jewish mob; gag law ruled unconstitutional because used prior restraint, can only accuse of libel after the fact. 1931
Miller v California
They re-defined the definition of obscene; a man violated the penal code for sending unsolicited brochures to a restaurant in that contained pictures of sexual actives. Established that community standards be used in determining whether material is obscene. 1973
New York Times v Sullivan
The Montgomery city commissioner filed a libel action against a newspaper because of an ad claiming that MLK arrest was innapropriate. The Court held that the First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity). 1964
Lemon v Kurtzman
Supreme Court decision that established that aid to church-related schools must have a secular legislative purpose. 1971
Employment Division v Smith
Determined that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was part of a religious ritual. Although states have the power to accommodate otherwise illegal acts done in pursuit of religious beliefs, they are not required to do so. Neutral laws of general applicability do not violate the Free Exercise Clause of the First Amendment. 1990
John Doe v City of Albuquerque
Registered sex offenders are not allowed in public libraries in the City of
Albuquerque. Ruled unconstitutional by 10th Circuit court. 2012
Brandenburg Test
In order for government to intervene, the speaker must subjectively intend incitement (imminent evil), use words which are likely to produce action (imminent action), and openly encourage or urge incitement (suggesting, for example, it's a duty to commit a crime). Brandenburg v Ohio
Clear and present danger
Phrase used in the Supreme Court decision, Schenck v. United States. It refers to the idea that the government has the right to punish individuals who engage in speech or actions which can be shown to present a serious and immediate danger to the nation or the interests of the government.
Malicious Intent
What must a public official prove against a newspaper in a libel suit, beyond falsehood? Near v Minnesota
Miller test
The current judicial test for obscenity cases that considers community standards, whether the material is patently offensive, and whether the material taken as a whole lacks serious literary, artistic, political, or scientific value.
Lemon Test
The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.
Actual Malice
______ in United States law is a condition required to establish libel against public officials or public figures and is defined as "knowledge that the information was false" or that it was published "with reckless disregard of whether it was false or not." NYT v sullivan
Marbury v Madison
Case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress. 1803
McCulloch v Maryland
Cheif justice john marshall limits of the US constition and of the authority of the federal and state govts. one side was opposed to establishment of a national bank and challenged the authority of federal govt to establish one. supreme court ruled that power of federal govt was supreme that of the states and the states couldnt interfere. 1819
Gonzales v Raich
The regulation (ban on homegrown medical marajuana) is squarely within Congress' commerce power because production of the commodity meant for home consumption, be it wheat or marijuana, has a substantial effect on supply and demand in the national market for that commodity. 2005
Powell v Alabama
Scottsboro boys. Right to counsel.The Court established that the due process clause of the 14th Amendment guarantees defendants in death penalty cases the right to an attorney. 1932
Brown v Mississippi
3 african american people confessed to a murder after being whipped... the court held that these prisoners were denied due process under the 14th amendment. 1936
Right against self incrimination
Individual right found in the Fifth Amendment to the United States Constitution that prevents an individual from being forced to testify against himself or herself. Brown v Mississippi
Right to counsel
Individual right found in the Sixth Amendment of the Constitution that requires criminal defendants to have access to legal representation. Powell v Alabama - Scottsboro
Griswold v Connecticut
Supreme court overthrew a law that effectively prohibited the use of contraceptives, holding that the law violated the right to privacy. 1965
Right to privacy
The right to be left alone, which has been interpreted by the Supreme Court to entail free access to birth control and abortions. Griswold v Connecicut
Plessy v Ferguson
sumpreme court ruled that segregation public places facilities were legal as long as the facilites were equal. 1896
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