Gov Supreme Court cases

cases

Schenck vs US (1919)

Free speech is not absolute, proximity and degree matter. Argued that the draft was slavery during WWI. Established “clear and present danger” test and prohibitions on free speech

Gitlow vs New York (1925)

Selective Incorporation Doctrine - the bill of rights will be applied to the states through the 14th on a case by case basis. During the red scare, publishing in news paper from socialist view

Schenck vs US (1919)

Free speech is not absolute, proximity and degree matter. Argued that the draft was slavery during WWI. Established “clear and present danger” test and prohibitions on free speech

Gitlow vs New York (1925)

Selective Incorporation Doctrine - the bill of rights will be applied to the states through the 14th on a case by case basis. During the red scare, publishing in news paper from socialist view

Brandenburg vs Ohio (1969)

Direct Incitement Test - intentional, imminence and likelihood of violence

Snyder vs Phelps (2011)

Westborough Baptist church protesting at funerals of soldiers. Allow free speech, results in counterprotest. Congress checks S.C. with law to keep protests a certain distance

Tinker vs Des Moines (1969)

Substantial Disruption Test. Students do not lose their constitutional rights in school but is narrowed. Arm bands

Morse vs Frederick (2007)

Hits for jesus. School won and narrowed free speech. Clarence Thomas writes concurring and wishes to overrule Tinker

Weeks vs US (1914)

Establishes Exclusionary Rule - evidence obtained illegally is inadmissible. Need a warrant

Mapp vs Ohio (1961)

Incorporated the exclusionary rule

Maryland vs Garrison (1987)

Adds the Honest Mistake Exception, Good Faith, Inevitable Discovery. Officers went into the wrong apartment and found evidence

NJ vs T.L.O (1984)

Need reasonable suspicion in public schools, principle not police can check. Lower standard then the probable cause

Gideon vs Wainwright (1963)

Incorporated Right to council

Miranda vs Arizona (1966)

Rights are read to you, gives access to rights for the police, 5th and 6th amendments

NY Times vs Sullivan (1964)

Slander and libel against public officials. Sullivan test, False, damaging, actual malice

Miller vs California (1973)

L.A.P.S. test for obscenity. Literary, Artistic, Political, Scientific. TPM matters, Time Place, Manner, based on community standards. obscene sculpture

Texas vs Johnson (1989)

allows the burning of the american flag, protected under first amendment

US vs Nixon (1974)

Executive privilege is not absolute. watergate

NY Times vs US (1971)

Upheld prohibition against prior restraint (the illegal suppression of materials prior to publication on the grounds that they will be harmful or libelousn, government censorship). Pentagon papers

Everson vs Board of education (1947)

Incorporated exclusionary rule, wall between church and state - used wrong by black

Engel vs Vitale (1962)

No recitation of prayer in public schools

Employment of Division of Oregon vs Smith (1990)

Narrowed free exercise rights. Native Americans fired for drug use although it was for religious purposes

Wisconsin vs Yoder (1972)

Broadens free exercise rights. Free exercise vs compulsory education. Children not wanting to attend public school as it goes against religious values

Masterpiece Cake vs Colorado Civil Rights Commission (2018)

Discriminating due to religious beliefs. Believed it was compelled speech to design a wedding cake for a gay couple.

D.C. vs Heller (2008)

Upheld individual rights to bear arms, heard amicus from parents of killed. Had been law in D.C against owning handguns. NRA

McDonald vs Chicago (2010)

incorporated 2nd amendment

Plessy vs Ferguson (1896)

separate but equal. Guy on the train who was 1/8 black

Brown vs Board of Education (1) (1954)

Ends segregation in public schools de jure

Brown vs Board of Education (2)

Mandate to end segregation in schools at all possible speed