Chapter 4 Key Cases

Barron v. Baltimore

1833 supreme court case

decided that the 14th amendment only restrained the national government, not the states

Gitlow v. New york

1925 supreme court case

held that the freedom of press and speech are fundamental rights protected by the 14th amendments from the states and federal government

Lemon v. kurtzman

1971 supreme court case

established that aid to church related schools must :

1. have a secular legislative purpose

2. have a primary effect that does not advance or inhibit religion

3. does not foster excessive entanglement of the government with religion

Engel v. vitale

1962 supreme court case

held that state officials violated the first amendment when they required children to pay in schools

Abington, Pannsylvania v. Schempp

the 1963 supreme court case

held that a law requiring bible reading sin school s violated the first amendment

near v. minnesota

the 1931 supreme court case

holding that the first amendment protects newspapers from prior restraint

schneck v. united states

a 1919 supreme court case

involved a socialist who urged resistance to the draft during WWI. Declared that government can limit speech if it provokes a “clear and present danger”

Roth v. united states

declared “obscenity” is not constitutionally protected speech or press

miller v. california

a 1973 supreme court case

created community standards used to determine obscene materials

1. the work appeals to prurient interests in sex

2. the work shows patently offensive sexual conduct

3. the work lacks literary, artistic, political, or scientific value

new york times v. sullivan

a 1964 supreme court case

to win damage suits for libel, public figures must prove the defamatory statements were made with actual malice

Texas v. Johnson

a 1989 supreme court case

removed a law that bans burning american flags, on the grounds that the action is a form of symbolic speech

Zurcher v. stanford daily

a 1978 supreme court case

a search warrant can be applied to a newspaper without it necessarily violating freedom of press

miami herald v. tornillo

a 1974 supreme court case

held that a state could not force newspapers to print a candidates replies to their criticisms

red lion v. federal communications commission

1969 supreme court case

court reasoned that regulating radio and television was justified because there only a few broadcast systems available

NAACP v. Alabama

the 1958 supreme court case

right to assemble means that NAACP does not need to reveal their membership list if Alabama requests it

Mapp v. ohio

the 1961 supreme court case

the fourth amendments (no unreasonable search and seizure) was extended to the states

Miranda v. arizona

the 1966 supreme court case

sets guidelines for police questioning, in order to protect citizens against self incrimination and the right to counsel

gideon v. wainwright

the 1963 supreme court case

anyone accused of a felony has the right to a lawyer

Gregg v. Georgia

the 1976 supreme court case

upheld the constitutionality of the death penalty “suitable to the most extreme crimes'“

McClesky v. Kemp

the 1987 supreme court case

upheld the death penalty against the claim that minority groups were more likely to be charged than white defendants

Roe v. Wade

the 1973 supreme court case

ban on abortions is unconstitutional. the decision forbade state inclusion in an abortion in the first trimester, while the 2nd and 3rd were still banned to protect the mothers health

Planned parenthood v. Casey

the 1922 supreme court case

loosened standards for evaluating restrictions on abortion. made it so regulations don’t place a burden on mothers

Zelman v. Simmins-harris

2002 supreme court case

upheld a program that gave citizens vouchers that pay for religious schools