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23 terms

Civil Liberties Supreme Court Cases

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Barron v. Baltimore (1833)
Bill of rights only restrained to national government
Gitlow v. New York (1925)
Freedom of press and speech are protected by the due process clause under the 14th amendment
Lemon v. Kurtzman (1971)
Church-related schools must have a secular legislative purpose, have a primary effect that doesn't advance or prohibit religion, not foster any government entanglement with religion
Zelman v. Simmons-Harris (2002)
states must provide families with vouchers that could be used to pay for tuition at religious schools
Engel v. Vital (1962)
state officials violated the 1st amendment with mandatory school prayer; schools cannot enforce religion
School District of Abington Township, Pennsylvania v. Schempp (1963)
a Pennsylvania law that requires Bible reading in schools violated the establishment clause of the 1st amendment
Near v. Minnesota (1931)
under the 1st amendment, newspapers are protected from prior restraint
Schenk v. U.S. (1919)
the government can limit speech only if the speech provokes a clear and present danger; used when a socialist tried to urge men to resist joining WW1
Zurcher v. Stanford Daily (1978)
a search warrent may apply to newspapers as well as people without violating the 1st amendment of freedom of press
Roth v. U.S. (1957)
obscenity is not constitutionally protected speech or press
Miller v. CA (1973)
community standards determine what is or is not to be considered obscene
NY Times v. Sullivan (1964)
public figures may win damage suits for libel only if they prove that the derogatory statements were false and for the purpose of ruining the target's reputation
TX v. Johnson (1989)
actions like burning the american flag represent symbolic speech and are protected under the 1st amendment
Miami Herald Publishing Company v. Tornillo (1974)
a state cannot force newspapers to print replies from criticized candidates
Red Lion Broadcasting Company v. Federal Communications Commission (1960)
upheld restrictions on radio and tv broadcasting
NAACP v. Alabama (1958)
protects the right to peaceful assembly
Mapp v. Ohio (1961)
the 4th amendments protection of unreasonable search and siezure must be applicable to the states as well as the government; also promotes the exclusionary rule of prohibiting illegally attained evidence from being used in court
Miranda v. Arizona (1966)
sets guidelines for police questioning of suspects to protect from self-incrimination and their right to councel; police must "read people's rights"
Gideon v. Wainwright (1963)
everyone has a right to a lawyer; if the accused cannot afford a lawyer, then the court must provide one
Gregg v. Georgia (1976)
upholds the death penalty as an extreme sanction reserved for only the most extreme cases; the death penalty does not qualify as cruel and unusual punishment
McCleskey v. Kemp (1987)
the death penalty violates the 4th amendment because minority defendants are more likely to recieve that sentence than white defendants
Roe v. Wade (1973)
a state ban on abortions is unconstitutional
Planned Parenthood v. Casey (1992)
loosened standards for evaluating restrictions of abortion