Terms in this set (20)
Texas v Johnson
struck down law banning burning American flag, symbolic speech is protected by 1st Amendment
Regents of U Cal. V Bakke
Use of racial quotas was unconstitutional. Affirmative action was alright under some circumstances.
NY Times v US
To exercise prior restraint, the Government must show sufficient evidence that the publication would cause a "grave and irreparable" danger. (NY TIMES publishing pentagon papers)
Korematsu v US
Japanese Americans were put into internment camps during WWII. Result: The need to protect the safety of the U.S. outweighed any single person's rights. Internment= necessary during wartime = constitutional
Gitlow v New York
Gitlow publishes manifesto advocating socialism. Result: SC rules that arresting him is a violation of free speech but if that speech leads to dangerous actions then the legislative branch may decide what is or isn't safe to say. Speech can be punished even if no action is taken.
1st case of selective incorporation
Engel v Vitale
A nondenominational prayer was authorized to be said at the start of each day at local public schools. Result: The prayer violated the establishment clause. = 1st A.
Dred Scott v Sandford
Scott was a slave in Missouri and lived in a free state. When he returned to the state he tried to sue saying that he was free since he lived in a free state. Result: Only Congress may confer citizenship and only a citizen of the U.S. may be a citizen of a state.
National Federation of Independent Business v Sebelius
Upheld the individual mandate to buy health insurance as a constitutional exercise of Congress' taxing power
Burwell (Sebelius) v Hobby Lobby
birth control limited
Tinker v Des Moines
Students decided to protest the Vietnam War by wearing black armbands to their schools during Christmas holiday season. The principals told them to remove them or face suspension, In 1969 Supreme Court ststed that The First Amendment, as applied through the Fourteenth, did not permit a public school to punish a student for wearing a black armband as an anti-war protest, absent any evidence that the rule was necessary to avoid substantial interference with school discipline or the rights of others.
Reno v ACLU
The Communications Decency Act was created to protest minors from obscene material on the internet. Result: The Act violates the 1st A. because of its broad definition of obscene material which bars free speech. The 1st A only protects from indecent material. Such material must be more specifically defined. - violates the 1st and 5th A .
Robinson V California
Drug addiction is not a crime - 8th amendment and selective incorporation
Riley v California
need to get a warrant to search a phone 1) data on phone can't be a threat to police and 2) more substantial privacy interests are at stake
Citizens United v FEC
A 2010 decision by the United States Supreme Court holding that independent expenditures are free speech protected by the 1st Amendment and so cannot be limited by federal law. Leads to creation of SuperPACs & massive rise in amount of third party electioneering (Citizens for a Better Tomorrow, Tomorrow)
Grutter v Bollinger
upheld the affirmative action policy of the university of michigan law school. Upheld bakke ruling that race could be a consideration in admissions policy but that quotas are illegal.
Roper v Simmons
Christopher Simmons was convicted at 17 years old and sentenced to death in 1993. The state found that this was unconstitutional since the public today found that sentencing minors to death was cruel and unusual punishment. Result: The Court ruled that evolving standards have indicated that sentencing minors to death is both cruel and unusual under the 8th A. Overturned Stanford v Kentucky - incorporation
Obergefell v Hodges
•Obergefell and John Arthur were legally married in Maryland, but the state of Ohio refused to recognize their marriage on death certificates
Miller v Alabama
no sentence of mandatory life without parole for juveniles
McCutcheon v FEC
The plurality held that the aggregate limit did little to address the concerns that the Bipartisan Campaign Reform Act was meant to address and at the same time limited participation in the democratic process.
McDonald v Chicago
The right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the due process clause of the 14th Amendment and applies to the states.