Supreme Court Cases Ch. 4 and 5

Barron v. Baltimore
Bill of rights restrains only the national government
Gitlow v. New York
Freedoms of press and speech are "fundamental personal rights" protected by the 14th amendment from infringement by the states as well as the federal government. (Compare to Barron v. Batimore)
Lemon v. Kurtzman
Aid to parochial schools must 1) have a secular purpose 2) have an effect that neither promotes nor limits religion 3) will not excessively involve government with religion
Engel v. Vitale
State officials violated the first amendment when they wrote a prayer to be recited by New York schoolchildren
School District of Abington Township, PA v. Schempp
State law requiring bible reading in schools violated establishment clause of 1st amendment
Near v. Minnesota
First amendment protects newspapers from prior restraint (censorship before publication)
Schenck v. United States
Upheld conviction of socialist who urged men to resist the draft during WWI. Government can limit speech if it presents a "clear and present danger"
Zurcher v. Stanford Daily
Proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the first amendment right to freedom of the press
Roth v. United States
Obscenity is not within the area of constitutionally protected speech or press
Miller v. California
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", as well as lacking artistic, political, literary, or scientific value. (Miller test)
New York Times v. Sullivan
Established guidelines for determining whether public officials and public figures could win damage suits for libel. Individuals must prove that the defamatory statements were made with malice, and disregard for the truth.
Texas v. Johnson
Struck down law banning flag burning, deeming it symbolic speech protected by the 1st amendment
Miami Herald Publishing Company v. Tornillo
A state cannot force a newspaper to print replies from candidates it criticizes, illustrating the limited power of the government to restrict the print media
Red Lion Broadcasting Company v. FCC
Upheld restrictions on radio and television broadcasting. Restrictions are tighter than on print media because there are a limited number of broadcasting frequencies available
NAACP v. Alabama
Protected right to assemble peaceably when it decided that the NAACP did not have to reveal the membership list and subject its members to harrassment
Mapp v. Ohio
4th amendment protections against unreasonable searches and seizures apply to state government as well as federal government
Miranda v. Arizona
Set guidelines for police questioning of accused persons to protect their right to legal counsel and their freedom from self-incrimination
Gideon v. Wainwright
Anyone accused of a felony where imprisonment is a possibility has the right to a lawyer
Gregg v. Georgia
Upheld constitutionality of death penalty, calling it an "extreme sanction suitable to the most extreme of crimes". It is not cruel and unusual punishment.
McClesky v. Kemp
Upheld constitutionality of the death penalty against charges that it violated the 14th amendment because minority defendants were more likely to be put to death than white defendants
Roe v. Wade
State bans on all abortions are unconstitutional. Set guidelines for states by trimester. 1st: no state regulation of abortions; 2nd: states can allow regulated abortions, but only to protect the mother's health; 3rd: states can ban abortions, except if the mother's life/health is in danger
Planned Parenthood v. Casey
Loosened standards for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints on a "fundammental right" to one of "undue burden" that permits considerably more regulation
Scott v. Sandford
Ruled that a slave who had escaped to a free state enjoyed no rights as a citizen and that Congress had no authority to ban slavery in the territories
Plessy v. Ferguson
Separate but equal accommodations for whites and blacks was constitutional
Brown v. Board of Education
Separate is inherently unequal. Violates equal protection granted by 14th amendment. End of legal segregation in the US
Reed v. Reed
For the first time, upheld a claim of gender discrimination
Craig v. Boren
Established the "medium scrutiny" standard for determining gender discrimination
Regents of the University of California v. Bakke
State university cannot admit less qualified individuals solely because of their race
Adarand Constructors v. Pena
Federal programs that classify people by race, even for the purposes of expanding minority opportunities, should be presumed to be unconstitutional
Korematsu v. United States
Upheld the internment of Japanese-Americans during WWII
Atkins v. Virginia
Declared execution of mentally retarded criminals to be cruel and unusual punishment
Lawrence v. Texas
Unconstitutional to regulate same-sex relations