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Civil Liberties Court Cases

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Schenck vs. US
during WWI, Charles Schenck passed out leaflets encouraging men not to register for draft
Charged and convicted of sedition
because of clear and present danger
Brandenburg vs. Ohio
at KKK rally leader Clarence Brandenburg said revenge would be taken if the gov't keeps suppressing the white race
Charged for attempting to start mob action
Not convicted because of imminent lawless action
NY times vs. United States
anti-vietnam activist gave classified pentagon papers to the NY times hoping it would bring an end to the Vietnam war. Nixon tried to stop publication bc it would hurt the war effort
Over turned bc prior restraint on press is unconstitutional
NY times vs. Sullivan
Alabama found ny times liable for printing an advertisement saying Alabama officials physically assaulted black civil rights demonstrators
Overturned bc it didn't prove malice
Gitlow vs. NY
Gitlow distributed leaflets advocating a communist revolution in the United States
Convicted of violating NY state sedition law
Upheld bc of selective incorporation which said Bill of Rights affects state and local gov't
Miller vs. California
Marvin Miller was found guily of sending obscene material through mail in violation of California law
Overturned bc it's hard to determine what qualifies as obscene
Texas vs. Johnson
Gregory Johnson burned an American flag in front of dallas city hall which goes against texas law
Overturned bc symbolic speech is protected by the 1st amendment
Tinker vs. Desmoines School District
John Tinker and his sister decide to protest Vietnam war by wearing by wearing black armbands to school
Overturned bc it was symbolic speech and thus protected by constitution
Wisconsin vs. Yoder
amish family took their child out of school (too young)
Convicted bc it goes against Wisconsin law
Overturned bc neutral law exception: balance competing interests
Everson vs. Board of Education
school district reimbursed parents for busing costs
Wall of separation between church and state, selective incorporation of establishment clause
Engle vs. Vitale
the ny state proposed a prayer in public school and parents went against this
Convicted bc even if prayer is volunrary it is prohibited goes aginst establishment clause
Lemon vs. Kurtzman
the states law provided money for parochial schools on the condition that it be used for secular purposes only
SC Lemon Test- 1. must have secular purpose 2. no primary effect of enhancing or prohibiting religion 3. no excessive gov't entanglement with religion
Passed lemon test so it was ok
Miranda vs. Arizona
Miranda was convicted of rape and kidnapping due to confession of police
Conviction bc he wasn't informed of his right to remain silent and his right to a lawyer
Mapp vs. Ohio
police entered the home of dollree map without search warrant, found obscene material
Convicted
Overturned because illegally obtained evidence must be excluded
Gideon vs. Wainwright
Clarence Gideon was charged in Florida for breaking in and stealing, the judge refused to appoint him a lawyer
Conviction overturned bc 6th amendment = right to attorney
Griswold vs. Connecticut
state prohibited birth control
Overturned
Right to privacy
Roe vs. Wade
texas law prohibited abortion except to save the life of a mother
Overturned texas law
Right of privacy- women's choice