gov supreme court cases

gitlow v ny

ny was allowed to punish gitlow for publishing radical wartime pamphlets, connected freedom of speech to state government, principle of selective incorporation

near v minnesota

prior restraint is unconstitutional, incorporation of protecting freedom of the press, states cant censor publication in advance unless national security

lemon v kurtzman

lemon test for establishment clause (preventing the government from establishing a religion), whether state law violates establishment clause

engel v vitale

state sponsored prayer in schools are unconstitutional even if voluntary

schenck v us

speech not protected if it presents a clear and present danger (WWI, encouraging men to resist and refuse the draft)

brandenburg v ohio

"imminent lawless test", can't punish speech unless its directed to produce/incite imminent lawless action

nyt vs us

pentagon papers vietnam war, government must reach a very high bar to justify censorship of the press, vague claims of national security must be proven to be substantiated

nyt v sullivan

in order for politicians to be able to sue for libel (using false statements to damage one's reputation), must be able to prove statement was made with "actual malice" + author knew statement was false and acted with recklessness (politicians should know what they are getting themselves into)

texas v johnson

flag burning is not illegal just because some find it offensive

tinker v des moines

black arm bands protesting vietnam war, symbolic speech is protected and schools can only limit speech if the school can prove it will disrupt educational process

wisconsin v yoder

free exercise clause, right to practice, law to send children to school until 16 yrs was a violation of amish citizens' right to practice their religion

us v lopez

Carrying a gun in school was not a form of "interstate commerce", federal gov cant pass a law banning guns in school, limited power of the commerce clause

miranda v arizona

fifth amendment's protection against self-incrimination, miranda rights, right to remain silent and to have an attorney present during questioning

mapp v ohio

exclusionary rule, prevents illegally obtained evidence from being used in court. selective incorporation by applying 4th amendment (illegal searches and seizures) to states and state courts

gideon v wainwright

selective incorporation for sixth amendment's right to an attorney, including for defendents that can't afford an attorney themselves

hazelwood school district v kuhlmeier

Schools are allowed to put stricter limitations on school-sponsored speech as long as they have a legitimate concern, didn't allow student journalists to publish articles that covered topics on divorce and teen pregnancy

reynolds v us

bigamy, marrying multiple partners, establishment clause doesn't protect actions that threaten "public order, saftey, or morality", bigamy illegal

DC v heller

DC ban on handguns, states can regulate guns but ban was unconstitutional, strengthened 2nd amendment

mcdonald v chicago

supreme court overruled a chicago ban on handgun ownership, selective incorporation, 2nd amendment -> state/local policies

griswold v connecticut

married couple's right to privacy exteneded to contraceptives, BoR connected to privacy

uc regents v bakke

race could be considered as part of narrowly tailored policy, racial quotas unconstitutional (uc davis med school)

grutter v bollinger

supreme court said policy was ok, michigan had affirmative action policy aimed at achieving critical mass of underrepresented minority groups

gratz v bollinger

point system that awarded points to minority candidates, unconstitutional

new jersey v tlo

probable clause, if there is a valid reason to search without a warrant, schools need to maintain order and certain freedoms must be balanced, searches based on "reasonable suspicion" not probable clause