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Near v. Minnesota
the 1931 Supreme Court decision holding that the first amendment protects newspapers from prior restraint.
Engel v. Vitale
upheld establishment clause; prohibited school sponsored prayer in public schools (Warren court)
Lemon v. Kurtzman
Government money can be given to parochial schools provided it is not used in any way to purchase resources that could be used to teach religion.
Schenck v. United States
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
Brandenburg v. Ohio
Court set up a two rule system for determining when the states can overrule free speech. 1) If the speech is directed toward producing imminent violent action, and 2) it is likely to incite or produce such action
Direct incitement test
advocacy of illegal action is protected by the 1st Amendment unless imminent lawless action is intended and likely to occur
New York Times Co. v. Sullivan
A public figure suing a publisher for libel must prove that the publisher published the libelous story knowing it was false
Libel and Slander
(written) (oral) you cannot make false statements in public that might damage a persons reputiation unless you can prove it
Miller v. California
1973 ruling that determined the obscenity clause to related to works that lack literary, artisitic, political or scientific value as determined by the community. (LAPS test)
Miranda v. Arizona
Supreme Court held that criminal suspects must be informed of their rights prior to being questioned
Weeks v. United States
The 1914 case that said that evidence obtained through an unreasonable search and seizure cannot be used in federal trials. (exclusionary rule)
Mapp v. Ohio
Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)
Gideon v. Wainwright
A person who cannot afford an attorney may have one appointed by the government
Furman v. Georgia
The U. S. Supreme Court ruled that the death penalty, as administered, constituted cruel and unusual punishment in which case
Griswold v. Connecticut
Established that there is an implied right to privacy in the U.S. Constitution
Webster v. Reproductive Health Services
allowed states to ban abortions from public hospitals and permitted doctors to test to see if fetuses were viable
Planned Parenthood of Southeastern Pennsylvania v. Casey
the Court reaffirmed Roe but upheld that states can put restrictions on abortion
Bowers v. Hardwick
criminalization of oral + anal sex=constitutional (overruled by lawrence v Texas)
Boy Scouts of America v. Dale
The boy scouts were allowed to dismiss a gay leader, holding that freedom of association outweighed the New Jersey anti-discrimination statute; forcing BSA to have gays would reduce BSA's ability to express their [bigoted] views
Cruzan v. Missouri Department of Health
it was acceptable to require "clear and convincing evidence" that victim wanted removal of life support.
Supreme court, under Earl Warren, best remembered for expanding rights of minorities and the accused.
Brown v. Board of Education
Court ruled that segregation was unconstitutional, overturned Plessey v Ferguson. (Warren Court)
Mapp v. Ohio
Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court) (Warren Court)
Miranda v. Arizona
The accused must be notified of their rights before being questioned by the police (Warren Court)
New York Times v. US
pentagon papers case; concluded that gov could not stop NYT because of "prior restraint" (Berger Court)
US v. Nixon
Supreme Court ruling that stated that there is no "absolute unqualified" presidential privilege of immunity.
Regents v. Bakke
a quota-like ban on admission is unconstitutional but "diversity" is a legitimate goal that can be pursued by taking race into account
Texas v. Johnson (1989)
Flag-burning is symbolic speech with a political purpose and is protected by 1st Amendment.
Webster v. Reproductive Health Services (1989)
States can place restrictions on abortions (viability tests, no use of public facilities for abortions, no counseling to have abortions)
Reno v. American Civil Liberties Union (1996)
a law that bans sending "indecent" material to minors over the Internet is unconstitutional because "indecent" is too vague
James Dale v. Boy Scouts of American (2000)
ruled that BSA had the right to exclude Gays because allowing them would reduce BSA's ability to express their views
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