30 terms

AP gov court cases

Gitlow v. New York
established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment
Engle v. Vitale
Mandatory prayer in schools (even nondenominational) is a violation of the establishment clause: unconstitutional
New York Times v. US
prior restraint; the Supreme Court refused to prevent the publication of The Pentagon Papers, a classified documentary history of U.S. involvement in Vietnam, on national security ground
Tinker v. Des Moines
Students have the right to symbolic speech at school as long as it is not disruptive
Texas v. Johnson
burning a flag is a form of symbolic speech; symbolic speech is legal as long as it isn't disruptive
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
direct incitement test; even the KKK has the first amendment right of freedom of speech
Near v. Minnesota
Freedom of the press applies to state governments, so that they cannot impose prior restraint on newspapers. (we let haters talk so we all can talk)
Plessy v. Ferguson
separate but equal is legal
Boy Scouts of America v. Dale
The boy scouts were allowed to dismiss a leader after learning that he was gay, holding that freedom of association outweighed the New Jersey anti-discrimination statute.
Mapp v. Ohio
Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)
Gideon v. Wainwright
state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.
Furman v. Georgia
Death penalty is cruel and unusual if carried out in "an arbitrary, discriminatory, and racist manner".
Gregg v. Georgia
(post Furman v. Georgia) supports the new capital sentencing standards
Lemon v. Kurtzman
Court ruled that NY couldn't use state funds to pay parochial school teacher's salaries
MIranda v. Arizona
The accused must be notified of their rights before being questioned by the police (right to remain silent, right to an attorney, and know that anything you say can be used against you)
Griswold v. Connecticut
law that disallowed contraceptives was ruled unconstitutional; "zones of privacy"
Roe v. Wade
law prohibiting abortion violated women's constitutional right to privacy
Marbury v. Madison
establishes the Supreme Court's power of JUDICIAL REVIEW
Brown v. Board of of Education
separate but equal is inherently unequal; "all deliberate speed"
Brown v. Board of Education II
same as the first but it was mandated that schools desegregate (all deliberate speed wasn't fast enough)
Elkins v. United States
bad evidence handed to the federal authorities on a silver platter is unconstitutional due to a 4th amendment violation
Weeks v. US
Established exclusionary rule, evidence gotten without a warrant isn't valid in a federal court
McDonald v. Chicago
Supreme Court decided that 2nd amendment protects individual gun ownership at the state level
Wolf v. Colorado
Fourteenth Amendment did not impose specific limitations on criminal justice in the states, and that illegally obtained evidence did not necessarily have to be excluded from trials in all cases.
Barron v. Baltimore
The Bill of Rights only applies to the National Government
Bowers v. Hardwick
Court ruled that the constitution did not protect the practice of sodomy between homosexuals, and that the states could ban sodomy.
Cruzan v. Director, Missouri Dept. of Health
right to privacy in cases of assisted suicide are unconstitutional; living will designating life instructions are constitutional
Palko v. Connecticut
The Fifth Amendment right to protection against double jeopardy is not a fundamental right incorporated by the Fourteenth Amendment to the individual states.
Chaplinski v. New Hampshire
Jehovah's witness spoke out against public officer (GD rackateer); "Fighting words" (inflict injury, incite immediate breach of peace) not protected under 1st amend