civil liberties and rights court cases


Terms in this set (...)

Brown v. Board of Education
-consolidation of cases relating to segregation of public schools on the basis of race
-Argued it violated 14th amendment right and that Plessy v. Ferguson separate but equal doctrine is wrong
(violates equal protection)
Brown v. Board of Education 2
Brown 1 must be implemented with "all deliberate speed"
Baker v. Carr
-Tennessee apportionment was wrong
(ignored population growth/shift)
-Does the scotus have jurisdiction over other legislative appointments?
-Yes, state reapportionment claims are subject to trial in federal court
-equal protection/gerrymandering
-14th amendment
Analogous: shaw v reno
Shaw v reno
-NC congressional district plan was to have only one majority black district, no wider than the interstate road
-Did their claim of state gerrymandering raise issue under the equal protection clause?
-no racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.
-district shape was bizarre, showed they were separated based on race
-14th amendment: equal protection, all should be treated equal
Analogous case: Baker v. Carr
Citizens United v. Federal Election Commission
-film about whether or not Hillary Clinton would be a good president
-ruled that individuals, corporations, and unions could donate unlimited amounts of money to groups that make independent political expenditures.
-1st amendment right to free speech/expression
Analogous case: schenck v. us
Schenck v. US
-schenck distributed flyers encouraged disobeying the draft
-question of whether the defendant possessed a First Amendment right to free speech against the draft during WWI.
-did criticizing the draft violate his freedom of speech?
-doesn't protect free speech under "clear and present danger"
-1st amendment does not apply during "clear and present danger" in wartime
Analogous case: Tinker v Des Moines
Engle v. Vitale
-ny state schools offered a voluntary, nondenominational prayer at the beginning of the day
-does prayer at school violate the establishment of religion clause?
-prayer in public schools is a violation of the establishment clause
-freedom of religion/establishment clause
analogous case:
Tinker v. Des Moines
-group of students wore black armbands to protest vietnam war and the school made a rule against it
1st amendment:
-does the prohibition of a symbolic protest violate the students' freedom of speech?
-Students have the right to symbolic speech at school as long as it is not disruptive
-freedom of speech and expression
analogous case: schenck v us
NY Times v. US
-Nixon administration tried to prevent the ny times from publishing materials belonging to a classified defense department studying activities in vietnam
-Did the nixon administration efforts to prevent the publication of what it termed "classified information" violate the 1st amendment?
-New York Times and Washington Post could print the Pentagon Papers without risk of government censorship or punishment
-first Amendment/Freedom of the Press
Analogous case: 1st amendment issues, near v Minnesota: restraints on publication
Roe v. Wade
-Texas law prohibits abortions except to save the pregnant woman's life, woman wanted an abortion but couldn't have one
Does the constitution embrace the right to have an abortion?
-legalized abortion on the basis of a woman's right to privacy
-14th amendment: equal protection
Analogous case:
McDonald v. Chicago
-suits were filed after a gun ban
-does the 2nd amendment apply to all states due to incorporation of the second amendment?
-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.
-due process: right to life, liberty process
Analogous cases:
Wisconsin v. Yoder
-Amish people refused to send their children to school when the state required public schooling for all children until age 16.
-does the requirement in Wisconsin that parents send all kids under 16 must go to school violate the 1st amendment?
-Result: This law is in conflict with the Free Exercise clause. The statute is in direct conflict with Amish beliefs.
-violated free exercise clause, freedom of religion, 1st amendment
Analogous case:
Gideon v. Wainwright
-gideon was charged w a felony, appeared in court w/o a lawyer.
-does the 6th amendment right to counsel in criminal cases extend to felony defendants in state courts?
-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.
analogous cases:
miranda v arizona