Landmark Supreme Court Cases

Vocabulary flashcards covering major Supreme Court cases and legal concepts related to First Amendment speech and religion issues from the lecture notes.

Lemon v. Kurtzman (1971)

Struck down Pennsylvania’s Act 109 that reimbursed non-public religious schools for secular expenses; produced the three-part Lemon Test for Establishment Clause cases.

Lemon Test

Three-prong standard from Lemon v. Kurtzman requiring (1) secular purpose, (2) primary effect neither advancing nor inhibiting religion, and (3) no excessive government entanglement with religion.

Schenck v. United States (1919)

Upheld convictions under the Espionage Act for distributing anti-draft leaflets in WWI; established the clear-and-present-danger test for restricting speech.

Clear and Present Danger Test

Doctrine from Schenck allowing government to restrict speech that poses an immediate, significant threat to national security or public order.

Espionage Act of 1917

Federal law criminalizing interference with military operations, support of U.S. enemies, or obstruction of military recruitment during wartime.

New York Times Co. v. United States (1971)

“Pentagon Papers” case; Court ruled that prior restraint on publishing classified Vietnam documents was unconstitutional absent a direct, immediate threat to national security.

Prior Restraint

Government action that prohibits speech or publication before it occurs; presumptively unconstitutional under the First Amendment.

Texas v. Johnson (1989)

Held that burning the American flag as political protest is protected symbolic speech under the First Amendment.

Symbolic Speech

Nonverbal expression (e.g., flag burning) intended to convey a message; protected under the First Amendment when not inciting unlawful action.

Lemon v Kurtzman

Wean religious private school off public funding

NY Times Time

Media outlets can publish leaked confidential info

Texas v Johnson

You can burn American flag

Mapp v Ohio

You can’t use evidence obtained illegally

Gideon v Wainwright

right to attorney

New Jersey v TLO

schools can search students w/out warrant but not without reason

Grutter v Bollinger

College admission can use race

Griswold v Connecticut

Marital privacy protects against state contraception laws

Roe v Wade

States cannot regulate 1st trimester, may regulate 2nd trimester, may prohibit 3rd trimester w/ exception of mom’s life

Bethel v Fraser

Schools may prohibit public profanity

Hazelwood v Kuhlmeier

School may refuse to promote certain media

Morse v Frederick

Schools prohibit display of signs encouraging illegal drug use