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SCOTUS cases

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Schenck v. United States 1919
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
Gitlow v. New York 1968
established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment
United States v. O'Brien 1968
burning a draft card is illegal
Tinker v. Des Moines 1969
students wore black armbands in protest of the Vietnam War; student's rights are not "shed at the schoolhouse gates," symbolic speech allowed
Miller v. California 1973
1973 ruling that determined the obscenity clause to related to works that lack literary, artisitic, political or scientific value. (LAPS test)
Buckley v. Valeo 1976
a case in which SCOTUS upheld federal limits on campaign contributions, ruled that spending money to influence elections is a form of constitutionally protected free speech, candidates can give unlimited amounts of money to their own campaigns.
Texas v. Johnson 1989
Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment
Citizens United v. Federal Elections Commission 2010
Supreme Court ruled that corporations also have free speech rights so they can donate without any restrictions
Near v. Minnesota 1931
first amendment protects newspapers from prior restraint (incorporation of free speech)
New York Times v. Sullivan 1964
to libel a public figure, there must be "actual malice"
Reynolds v. United States 1879
First Amendment protects religious belief, but not criminal practices related to religious belief (polygamy)
Everson v. Board of Education 1947
The Court ruled that the New Jersey law (allowing the state to pay for busing students to parochial shcools) was constitutional; the law benefited students rather than aided a religion directly.
Lemon v. Kurtzman 1971
Law must be clearly secular, not prohibiting or inhibiting religion, and there should be no excessive entanglement
Employment Division v. Smith 1988
The Court ruled that Oregon could deny unemployment benefits to workers fired for using dugs (peyote) as part of a religious ceremeony
Van Orden v. Perry 2005
Establishment Clause. Ruled that the 10 commandments were OK because they were of historical significance
District of Columbia v. Heller 2008
Declares that the Second Amendment includes an individual right to have a gun. (Federal Right Only)
Chicago v. McDonald 2010
determined whether the Second Amendment applies to the individual states
Weeks v. United States 1914
Government doesn't have the right to search someone's home and seize possessions without a search warrant (exclusionary rule)
Mapp v. Ohio 1961
Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)
New Jersey v. TLO 1985
a student may be searched if there is "reasonable ground" for doing so
Barron v. Baltimore 1833
(ships/wharf) holding that the bill of rights restrained only the national government, not the states and cities
Dred Scott v. Sandford 1857
slaves were not citizens; that living in a free state or territory did not free slaves; declared the MO Compromise unconstitional
Miranda v. Arizona 1965
The accused must be notified of their rights before being questioned by the police
Kelo v. City of New London 2005
government can take land for public use/purpose (eminent domain)
Gideon v. Wainwright 1963
A person who cannot afford an attorney may have one appointed by the government
Furman v. Georgia 1972
Death penalty is cruel and unusual if carried out in "an arbitrary, discriminatory, and capricious manner"
Gregg v. Georgia 1976
upheld the death penalty was NOT cruel and unusual punishment
Plessy v. Ferguson 1896
separate but equal
Korematsu v. United States 1944
Supreme Court case that ruled internment of Japanese Americans was legal
Brown v. Board of Education of Topeka 1954
racial segregation in schools declared unconstitutional
U.C. Regents v. Bakke 1978
eliminated strict racial quotas but allowed race to be one of the factors relating to admission status (affirmative action)
United States v. Virginia 1996
Sex-based "separate but equal" military training facilities violate Fourteenth Amendment's Equal Protection Clause
Griswold v. Connecticut 1965
found a "right to privacy" in the Consitution that would ban any state law against selling contraceptives
Roe v. Wade 1973
legalized abortion on the basis of a woman's right to privacy
Planned Parenthood v. Casey 1992
states may regulate abortion as long as there is "no undue burden" on the mother;gave states more leeway in regulating abortion (parental consent, 24 hour waiting period)
Stenberg v. Carhart 2000
states may not ban partial birth abortions if they fail to allow an exception to protect the health of the mother
Lawrence v. Texas 2003
state law may not ban sexual relations between same-sex partners
exclusionary rule
improperly gathered evidence may not be introduced in a criminal trial
equal protections clause
laws must provide equivalent "protection" to all people.
affirmative action
actively trying to create equality
quota system
having a certain number of slots for minorities
due process
fair application of the law
defacto segregation
created by society, not laws
dejure segregation
segregation by law