Gov Exam 4 Court Cases

Everson v Board of Education (1947)

Reimbursement from public school funds for families sending their children to private schools on public buses. NOT a violation of the establishment clause

NY Times v. U.S. (1971)

NY Times published “classified information” because they thought it wasn’t dangerous, despite the government telling them not to. IS a violation of freedom of the press.

Palko v Connecticut (1937)

Only the fundamental provisions are absorbed into the due process clause and applicable to the states. 

Texas v Johnson (1989)

Johnson takes the American flag to protest and lights it on fire. Court rules burning the American flag IS protected symbolic speech.

Schenck v. U.S. (1919)

 IS a violation because of clear and present danger. Restrictions are permissible  only when speech creates a clear and present danger to the public order

Griswold v. Connecticut (1965)

Mrs. Griswold distributes reproductive material to women. She gets caught, fined, but refuses to pay it. The right to privacy was established by the Supreme Court.

Miranda v. Arizona (1966)

Miranda was arrested for kidnapping and murder; he confessed, but it was thrown out. Requires police to inform suspects of their rights 

Lawrence v Texas (2003)

The Court overturned a previous decision by ruling that state laws may not ban sexual relations between same-sex partners.

Barron v. Baltimore (1833)

Baltimore dug a trench and hurt Barron’s business; Barron wanted compensation, but the state said no. The Bill of Rights is an exclusive check on the federal government.

Gitlow v. New York (1925)

First significant incorporation case. Gitlow wanted to publish his own socialist manifesto. The state said no. Gitlow called freedom of speech, but the state still said no. Fourteenth Amendment protection of the freedom of speech applied to the state. 

Engel v. Vitale (1962)

School uses a generic prayer so any group can substitute their God. IS a violation of the establishment clause. Justice Black: “There can be no doubt that New York’s state prayer program officially establishes the religious beliefs embodied in the Regents’ prayer.”

Near v Minnesota (1931)

Comer funds playground equipment with school vouchers. Trinity has a program, but the government says no because they’re a religious institution. SC says the exclusion of churches from an otherwise neutral and secular aid program violates the First Amendment’s guarantee of free exercise of religion

• NOT a violation of the establishment clause

• IS a violation of the free exercise clause

McDonald v Chicago (2010)

The Supreme Court ruled that the Second Amendment protects an individual's right to possess firearms, independent of service in a state militia, and to use firearms for lawful purpose and in their homes

Abington ISD v Schempp (1963)

Requiring the reading of the Bible and recitation of the Lord’s Prayer IS a violation of the establishment clause

Lynch v. Donnelly (1984)

the city of Pawtucket erected a Christmas display in a park owned by a nonprofit. SC ruled it was NOT a violation

Allegheny County v. ACLU (1989)

Pittsburgh in Allegheny has a Christmas tree and menorah inside and a creche outside the town hall. Court rules the Menorah and Christmas tree (outside) are NOT violations. The creche (inside) IS a violation

American Legion v. American Humanist Association (2019)

To recognize WWI veterans, Maryland erected a memorial including a 40ft cross. SC said it was NOT a violation to have the cross.

Reynolds v the United States (1879)

George Reynolds was a member of the LDS church who practiced polygamy and was charged for violating the US anti-bigamy laws. The Supreme Court ruled it was NOT a violation to say you can't practice polygamy

Cantwell v Connecticut (1940)

Cantwell goes door to door promoting his religion. A policy said soliciting required a permit that Cantwell didn’t have. Cantwell said he didn’t need a permit because he’s a Jehovah’s Witness and it’s part of his religious beliefs. The Supreme Court ruled it IS a violation of the free exercise clause.

Powell v. Alabama (1932)

Ozie Powell was one of nine Black defendants (the Scottsboro boys) charged wth the rape of two white women (capital crime)

• Failure to provide effective assistance of Counsel violated the Due Process Clause  thereby incorporating the Sixth Amendment right to counsel to the states

Wallace v. Jaffree (1985)

The state of Alabama allowed for a one minute period of science in all public schools “for meditation or voluntary prayer.” IS a violation of the establishment clause

Burwell v. Hobby Lobby Stores (2014)

After the Affordable Care Act, reproductive insurance is required, including contraceptives and abortion. Hobby Lobby is privately owned. The family is Orthodox Catholic and did not believe in abortion. They say providing insurance is against their religion, but the state says that they’re a business and have to provide it. IS a violation of free exercise

Minersville School District v. Gobitis (1940)

 NOT a violation of the free exercise clause to require the pledge of allegiance

West Virginia School Board v. Barnette (1943

IS a violation of the free exercise clause to require the pledge of allegiance. 

Employment Division v. Smith (1990)

As a result of this case, Congress came up with the Religious Freedom Restoration Act that wanted to make it more difficult for the state to restrict religious practices.

NOT a violation of free exercise to deny them unemployment benefits.

Masterpiece Cake Shop v. Colorado Civil Rights Commission (2018)

Asked for a cake for a same-sex marriage. The owner refuses. They go to the Commission and the Commission requires the company to make the cake. The company owner sues the Commission. The Court rules it IS a violation of free exercise to require him to make the cake

Parker v Gladden (1966)

Lee Parker was originally charged for second-degree muder, convicted in Oregon, and sentenced to life

• Incorporated the Sixth Amendment protection of an impartial jury to states via the Fourteenth Amendment's Due Process Clause

McCutcheon v Federal Election Commission (2014)

The Bipartisan Campaign Reform Act limited the amount you can donate to campaigns. McCutcheon says he should be able to donate what he wants. The reform acts were ruled unconstitutional

Benton v. Maryland (1969)

 Benton was charged with both burglary and larceny by a Maryland court. The jury found him guilty of burglary but innocent of larceny

U.S. v. Carolene Products, 304 U.S. 144 (1938)

Established Substantive Due Process

Dobbs v. Jackson Women’s Health Organization (2022)

Ruled there is no fundamental right to an abortion in the Constitution. The authority to regulate abortion is returned to the people and their elected officials.

Miller v California (1973)

Miller runs an adult novelty store for which he puts together a catalogue and sends it to the resident at. California tells Miller that he cannot send them out. Miller says other businesses do! The Court ruled that obscenity is not protected speech.