mr gin chapter 4 court cases

Barron v. Baltimore

the 1833 Supreme Court decision holding that the bill of rights restrained only the national government, not the states and cities.

Gitlow v. New York

the 1925 supreme court decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the 14th amendment from impairment by the states" as well as by the federal government. (overturned Barron v. Baltimore)

Lemon v. Kurtzman

the 1971 supreme court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion.

Zelman v. Simmons-Harris

The 2002 Supreme Court decision that upheld a state providing families with vouchers that could be used to pay for tuition at religious schools.

Engel v. Vitale

The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.

School District of Abington Township, Pennsylvania v. Schempp

A 1963 Supreme Court decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the First Amendment.

Near v. Minnesota

the 1931 Supreme Court decision holding that the first amendment protects newspapers from prior restraint.

Schenck v. United States

A 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.

Zurcher v. Stanford Daily

A 1978 Supreme Court decision holding that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press.

Roth v. United States

a 1957 Supreme Court decision ruling that obscenity is not within the area of constitutionally protected speech or press. (though apparently this was kind of vague about what obscenity actually was)

Miller v. California

A 1973 Supreme Court decision that 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" and lacking in value.

New York Times v. Sullivan

1964; established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ "actual malice" and reckless disregard for the truth

Texas v. Johnson

A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.

NAACP v. Alabama

The Supreme Court protected the right to assemble peaceably in this 1958 case when it decided the NAACP did not have to reveal its membership list and thus subject its members to harassment.

Mapp v. Ohio

The 1961 Supreme Court decision ruling that the Fourth Amendment's protection against unreasonable searches and seizures must be extended to the states as well as to the federal government. (extended exclusionary rule to the states)

Miranda v. Arizona

1966 Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel.

Gideon v. Wainwright

The 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed, however poor he or she might be, has a right to a lawyer. (applied 6th Amendment to the states),

Gregg v. Georgia

The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating, "It is an extreme sanction, suitable to the most extreme of crimes." The court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment.

McCleskey v. Kemp

The 1987 Supreme Court decision that upheld the constitutionality of the death penalty against charges that it violated the Fourteenth Amendment because minority defendants were more likely to receive the death penalty than were White defendants.

Roe v. Wade

1973; state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.

Planned Parenthood v. Casey

A 1992 case in which the Supreme Court loosened its standard for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints on a "fundamental right" to one of "undue burden" that permits considerably more regulation.

Woodson vs North Carolina

Supreme Court ruling against mandatory death penalties (no crime immediately permits the death penalty)

Branzburg vs Hayes

Supreme Court declared that journalists were the same as citizens, and did not have the right to withhold information/refuse to testify before a jury.

Edwards vs Aguillard

Supreme Court declared that it was unconstitutional to teach about creationism in public schools, as it was related to religion. Refers to the establishment clause.

Griswold vs Connecticut

Supreme Court declared that the Constitution protects the privacy rights of married couples and their right to use contraceptives without government restriction or interference.

Lynch vs Donelly

Case questioned the legality of Christmas decorations on town property. Ultimately, Supreme Court declared that Christmas/religious displays were legal as long as they served secular purpose (non religious purpose), but permitted every religion to do it as well.

United States vs O’Brien

Supreme Court ruled that burning draft cards wasn’t protected by free speech/symbolic speech. Led to the O’Brien test, which tests what kind of government regulation is unconstitutional.

Zelman vs Simmons Harris

Supreme Court ruled that school vouchers that could be used for religious schools did not go against the Constitution and the Establishment Clause.