AP Gov Judiciary Unit

Schenk v. US

• Case on Espionage Act

• Establishes the present and clear danger clause of 1st amendment

• basically found the Espionage act constitutional because normal actions under present conditions may still be seen as having a “clear and present danger’ in times of conflict/instability

• Unanimously against Schenk→ stated that the first amendment doesn’t protect free speech if that free speech is used to incite illegal action

Tinker

• 7-2 decision, basically stated that students’ first amendment rights aren’t limited just because they’re on school property

• Tinker test→ unconstitutional if it causes a substantial harm

DC v Heller

• 5-4 decision

• States cannot infringe on individual 2nd amendment rights

• Dick Heller was denied registration for a handgun he wanted to keep at home

• Basically applied the 2nd amendment to individual right, not just collective right AND outside of military service

• The right to keep firearms for self-defense

Wisconsin v Yoder

• State law in Wisconsin forcing Amish children to attend public school until age 16

• Supreme Court stated that forcing the Amish to go to public school violated their first amendment rights

• Stated the legitimacy of the Bill of Rights→ stating that an individual’s rights trumps state regulations

• Also validated other schooling methods other than public

• Invokes free exercise clause (protects individuals in using their own religion without government interference, different from establishment clause which states that government can’t impose religion on people)

• States that states needs to have a “compelling state interest” to trump individual rights

Atkins v Virginia

• Executing people with disabilities violates 8th amendment

Brown v Board

• Taking away segregation in schools

• Overturned plessy

• “separate but equal”= inherently unequal

• Segregation in schools violates 14th amendment

Furman v Georgia

• Helped standardize death penalty

• turned death penalty from a common punishment to one reserved for very extreme cases

• Temporarily got rid of death penalty, stating that it was applied arbitrarily and in discriminatory ways

Mcdonald v Chicago

• Chicago citywide ban on handguns

• Applied 2nd amendment protections to local governments through the due process clause of 14th amendment

Gregg v. Georgia

• Upheld death penalty → not inherently unconstitutional if adequately applied

• Bifurcated system in georgia→ first need to determine guilt, then a separate hearing on mitigating/aggravating circumstances

Mapp v. Ohio

• Under 4th and 14th amendment, illegally seized evidence can’t be used in trial

US v winsdor

• Supreme Court ruled that the defense of marriage act section 3 was unconstitutional for defining marriage as one between just a man and woman

• Stated that it violated the 5th amendment due process and equal protection

• Windsor wanted estate tax exemptions after her spouse died→ was denied it

Obergefell v. Hodges

• Federally legalized gay marriage

• 14th amendment for states to issue same sex marriage licenses under equal protection clause

• Invalidated all state bans on same sex marriage

Roe v Wade

• Legalized abortion nationwide with individual choice under 14th amendment’s due process clause for the right to privacy

• Set up a trimester system for when the mother vs state has autonomy in decision making

Griswold v. Connecticut

• Connecticut law making it illegal to use birth control

• Decision stated that the partners/married couples have a right to privacy, thus they’re allowed to use contraception

• Established the constitutional right to privacy (which would later be used in Roe v Wade)

Regents of University of California v Bakke

• Upheld the use of affirmative action/using race to determine admission status

• Stated that Allan Bakke (White) would have to be admitted to UC Davis→ 14 amendmnet

• One ruling stated that the specific case of quotas in UC Davis was unconstitutional

• A second ruling stated, however, that affirmative action was not unconstitutional

NYT v. US

• Pentagon Papers on the Vietnam War history→ showed that public officials openly lied to both Congress and the general population about the scope of the war

• Emphasized the importance of investigative journalism

• Stated that the federal government failed to justify censorship (prior restraint)

• Court stated that in order for prior restraint to be justified, there needs to be a very large public, national emergency

Craig v Boren

• Gender stereotypes on drinking behaviors

• Challenged an Oklahoma law that set different drinking ages for males and females

• Established intermediate scrutiny→ used most often for gender discrimination cases where the government needs to prove that discrimination is justified to government interests

Miranda v. Arizona

• 5th and 6th amendments→ specifically clauses/big ideas on self incrimination clause and the right to an attorney

• Court ruled for Miranda

• Basically the decision made it so that law enforcement has to inform you of your 5th and 6th amendment rights before interrogation so that you don’t make comments that could be used against you

  • Rights:

  • Right to remain silent

  • Right to an attorney/appointed counsel

  • Waiver your rights

Dobbs v. Jackson

• States are now able to control their abortion laws and don’t have to abide by federal regulation

• Basically stated that the Missouri law restricting abortions after 15 weeks was legal

• States have full control of abortion laws

• Stated that constitution doesn’t guarantee the right to abortion

• Court decided Roe v Wade and PP v Casey were wrongly decided and overturned them

Roper v. Simmons

• Stated that it’s unconstitutional to sentence someone to death penalty when they were under 18 when they committed their crime

• Death penalty is a disproportionate punishment for minors

• 8th and 14th amendments

Gideon v. Wainwright

• The right to have an attorney

• Guaranteed the right to have a lawyer in all cases

• Protects defendants and ensures fair trial→ 6th amendment

• Legal counsel required for indigent defendants

• Florida refused to give him legal counsel because it wasn’t a capital case so he represented himself

Texas v. Johnson

• Flag burning

• Basically said that burning a flag is protected under 1st amendment

• Johnson burned a flag to protest policies from Reagan

• “expressive conduct” or “symbolic speech” is protected

• Government can’t prohibit expression just because society finds it offensive

gitlow v. New York

• First amendment rights doesn’t just apply to federal govenrment, but to state governments as well

• basically extended the idea of the first amendment enforcement to states

• Ruled in favor of the conviction of Gitlow by stating that states can forbid free speech if it poses violent danger to public, even if there’s no action in place yet

• incorporation doctrine→ even though the conviction was upheld, it applied first amendment protection on the state level through the due process clause of the 14th amendment, stating that states can’t arbitrarily take away liberties/rights