unit 3 court cases

tinker v des moine

black arm bands as sign of peace, freedom of speech violated

lander v Seaver

teacher whipped child for saying something out of school

times v Sullivan

protects right to advertising by first amendment, 1st amendment covers false statements if they concern public official for conduct, to win suit, need to prove statements were made with malicious interest

miller v california

developed miller test for obscene material - judged by local communities standard, must be of purest interest, display sexual conduct in offensive war and lack value

hustler mag v Falwell

court prohibits public figures for sing for compensation for intentional emotional distress, reaffirmed first amendment rights, parody within law because people would not have interpreted as fact

reno v ACLU

communication decency act regulated explicit material on the Internet - law declared unconstitutional because it was too broad

establishment clause

prohibits gov from king law respecting an establishment of religions, forbids support of any religion

Reynolds v US

man charged under polygamy (antibigamy act) - court upheld conviction said that people cannot avoid law die to religion

everson v bored of education of Ewing township

NJ law called for reimbursements for public transportation to parents who their children to catholic school - law did not violate establishment clause because money did not go to parochial schools, helped all religions

lemon v kurtzman

established lemon test which provides requirements fro legislation covering religion

a. government action must have legitimate secular purpose

b. gov action must no result in an excessive gov entanglement with religion

c. gov action must not have primary effect of inhibiting religion

selman v simmons-harris

taxi money for private school vouchers - did not violate establishment clause as long as it goes to any private school

free exercise clause

reserves right of American citizens to accept any religious beliefs

employment division v smith

discards compelling governmental inert test for sovereign interest of religious minorities - peyote case

church of lukami babel aye inc v city of hialeah

ruled that laws banning animal sacrifice were unconstitutional because they targeted Santeria religion

Kennedy v Bremerton school district

would engage in prayer during school gaems - sues based on first amendment rights, court replaced lemon test with consideration of historical practices and understandings

mahmoud v taylor

affirmed right of parents to opt children out of public school instruction involving LBTQ themes

griwold v Connecticut

covinvted for dispensing birth control devices to unamrrie dpateients advising their use - law claiming that was illegal struck down as it violated right to privacy in 4th amendment - court declared zone of personal autonomy exists

Lawrence v texas

in sexual conduct with another individual, appealed law on right to private, SCOTUS ruled law violated constitution since it violated 14th amendment

obergefell v Hodges

same sex couples sued states based on ban on same sex marriage, violated equal protections clause and full faith and credit clause

national socialist party v skokie

30 members of nazi party to march, case went to SCOTUS which ruled that party could not be prohibited from marching peacefully

bradenburg v ohio

kkk leader making a speech arrested based on advocating for crime, ruled in favor of kkk leader saying first amendmentt allowed for teaching of advocacy of such beliefs as long as act of violence were not imminent

synder v phelps

first amendment protects right to protests at funeral even with hateful message as long as protest is peaceful, lawful, and matter of public concern

miranda v arizona

miranda went to jail on kidnapping charges and rape but was not told 5th amendment rights, court overturned conviction

matal v tam

the slants, can have offensive name as a copyright

iancu v brunetti

FUCT case - upheld right to trademark offensive things

gitlow v NY

handed out communist pamphlets, was teh first selective incorporation case, protected under 1st amendment

mapp v ohio

convicted of having obscene materials based on seizure for other thing, exclusionary principle created

New York Times company v US

Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense Department study

mahogany v BL

school district decision to suspend students for posting duck school to snap, violated first amendment rights, online speech protected off school grounds

mcdonald v chicago

wanted to get handgun, city said no, has to deal with right to bear arms

engel v vitale

cannot hold prayer in schools school wide

grutter v Bollinger

umich admissions, questions race admissions program, ruled constitutional, involves affirmative action

schneck v US

us can suspend your rights during war times

morse v frederick

court case that prohibited students form holding up signs pertaining to drug use

New Jersey v TLO

established the standards by which a public school official can search a student in a school environment without a search warrantees

West Virginia board of education v Barnette

public schools cannot compel students to salute the flag or recite the Pledge of Allegiance

Wisconsin v yoder

Court held that Amish children could not be placed under compulsory education past 8th grade

Gideon v wainwright

right to counsel

ny times v US

right to publish pentagon paper - freedom of press