34 terms

AP Government Supreme Court Cases Chapter 4 and 5

Rebe AP Gov
Barron v. Baltimore
the 1833 Supreme Court decision holding that the bill of rights restrained only the national government, not the states and cities.
Gitlow v. New York
established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment
Employment Division Oregon v. Smith
States 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.
Reynolds v. U.S.
States bans on polygamy does not violate free exercise clause
Lemon v. Kurtzman
The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion.
Engel v. Vitale
banned formal prayer in schools, government would not make any religion the 'official' religion.
Santa Fe v. Doe
a policy permitting student-led, student-initiated prayer at football games violates the Establishment Clause of the First Amendment [est. clause and schools]
Near v. Minnesota
the 1931 Supreme Court decision holding that the first amendment protects newspapers from prior restraint.
Schenck v. U.S.
a United States Supreme Court decision concerning the question of whether the defendant possessed a First Amendment right to free speech against the draft during World War I. Ultimately, the case served as the founding of the "clear and present danger" rule. (yelling "Fire!" when there isn't)
Brandenburg v. Ohio
extended freedom of speech to new limits. Threats of a KKK leader were deemed okay because of a failure to prove a real danger from them. Declared that speech is protected unless proven that actions directly incited the action
Miller v. California
A 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value.
New York Times v. Sullivan
1964; established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ "actual malice" and reckless disregard for the truth
Texas v. Johnson
A 1989 case in which the 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.
Tinker v. Des Moines
The case that ruled that students do not lose Constitutional rights when they entered the building but they can be limited if they cause a disruption (black armbands)
Mapp v. Ohio
Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)
Miranda v. Arizona
Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.
Gideon v. Wainwright
a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that 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.
Gregg v. Georgia
upheld the death penalty was NOT cruel and unusual punishment
Griswold v. Connecticut
Established that there is an implied right to privacy in the U.S. Constitution (contraceptives)
Roe v. Wade
(1973) legalized abortion on the basis of a woman's right to privacy
Planned Parenthood v. Casey
states may regulate abortion as long as there is "no undue burden" on the mother; did not overturn Roe v. Wade but gave states mroe leeway in regulating abortion (parental consent for minors, 24 hour waiting period)
Dred Scott v. Sandford
1857 Supreme Court decision that stated that slaves were not citizens; that living in a free state or territory, even for many years, did not free slaves; and declared the Missouri Compromise unconstitutional
Plessy v. Ferguson
sumpreme court ruled that segregation public places facilities were legal as long as the facilites were equal
Brown v. Board of Education
court found that segregation was a violation of the Equal Protection clause "separate but equal" has no place
Smith v. Allwright
court declared practice of excluding nonwhites from political party primary elections was unconstitutional
Harper v. Virginia State Board of Elections
Supreme Court held the use of poll taxes in state elections violates the 14th amendments equal protection clause
Santa Clara Pueblo v. Martinez
strengthened the tribal power of individual tribe members and furthered self-government by Indian tribes.
Korematsu v. United States
1944 Supreme Court case where the Supreme Court upheld the order providing for the relocation of Japanese Americans. It was not until 1988 that Congress formally apologized and agreed to pay $20,000 to each survivor.
Bowers v. Hardwick
In this case, a gay man from Georgia charged with committing sodomy in his own home with a consenting adult. The court ruled that the Constitution does not explicitly grant the right for homosexuals to practice their lifestyle and that laws against sodomy were Constitutional.
Lawrence v. Texas
A Texas law classifying consensual, adult homosexual intercourse as illegal sodomy violated the privacy and liberty of adults to engage in private intimate conduct under the 14th amendment.
Regents of the University of California v. Bakke
1978 state university couldn't admit less qualified individuals solely based on race; no quotas
Grutter v. Bollinger
affirmative action case (lost) ; race could be used as a factor in admissions as long as there was no point system and race was not a major factor; upheld Bakke case
United Steelworks v. Weber
Quotas to remedy past discrimination are constitutional
Adarand Constructors v. Pena
A 1995 Supreme Court decision holding that federal programs that classify people by race, even for an ostensibly benign purpose such as expanding opportunities for minorities, should be presumed to be unconstitutional.