UNIT FOUR COURT CASES

apollo media corp v United States

court case where it was ruled illegal to send obscene and intentionally annoying emails over the internet; obscenity is not protected in the first amendment

korematsu v United States

court cause where it was ruled acceptable to send japanese americans to relocation camps during WWII; civil liberties v national security, national security wins

shepherd v maxwell

court ruled a trial unfair due to jury being influenced by outside sources such as press; doctor killed his wife or did he

lemon v kurtzman

court ruled a violation of church and state due to the state giving financial aid to christian school institutions; established the lemon test

SEPARATION OF CHURCH AND STATE: CASES

pierce v society of sisters

struck down law requiring parents to send children to a public school instead of a Christian/parochial school

engle v vitale

outlawed the use of prayer in public schools written by the state

abington school district v schempp

struck down a law requiring readings from the Bible and Lord’s prayer at the beginning of a school day

wallace v jaffre

struck down a law allowing for 1min. period for meditation or prayer at the start of a school day

lee v weisman

outlawed the offering of prayer as part of a public school graduation

armed forces provide chaplains

sante fe independent school district v doe

struck down a school district’s policy that permitted student-led prayer at a high school football game

stone v graham

struck down a law ordering the posting of the Ten Commandments in public classrooms

everson v board of education

first establishment clause case; court supported a state law that provided for the public, tax-supported busing of students attending any school in the state including Christian/parochial

state currency: states on bills “In God we trust”

board of education v allen

state can pay for secular textbooks as long as the material is secular

agostini v felton

library on bus can visit parochial schools as long as the material is secular

pledge of allegiance: state “One nation under God”

oath of office: americans take oath in God’s name

congress/state legislature meetings: open with prayer (doesn’t matter religion)

rosenberger v university of virginia

court ruled the university cannot deny money (subsidy) to a christian publication on campus when giving money to every other school publications

westside community schools v mergens

upheld the equal access act of 1984 that allows student religious groups to meet in public high schools on the same terms as other organizations

nativity scenes-courthouse: no nativity scenes are allowed in front of court houses

town of greece v galloway

town’s practice of opening its town board meetings with a prayer offered by member’s of the clergy does not violate the Establishment clause when the practice is consistent with the tradition long followed by Congress and state legislatures, the town doesn’t discriminate against minority faiths in determining who may offer a prayer, the prayer does not coerce participation with non-adherents

lamb’s chapel v center moriches school district

supreme court ruled that church could show a focus on the family film in the school gym, after hours. complies with freedom of speech

church taxes: churches are tax exempt

grand rapids school district v ball

outlawed the use of tax monies to pay any part of the salaries of christian school teacher

zobrest v catalina foothills school district

state can provide money for an interpreter for a deaf child attending a parochial school

zelman v simmons-harris

upheld a plan in which parents can recieve vouchers to send their children to parochial schools

obergefell v hodges

14th amendment requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out of state

corporation of presiding bishops v amos

ruled that christian institutions can hire/fire who they want to without government interference; mormon janitor who turned away from mormonism fired from mormon school

hosanna-tabor church v equal employment opportunity commission

example of the churches’ right to hire/fire whoever they want trumps discrimination charges; employee sued church saying she was fired over disability, church said it was because she brought dispute to a secular judge, court ruled against obama administration (9-0)

burwell v hobby lobby stores

ruled that private companies do not have to provide birth control and abortifacients if it goes against their religious beliefs

fulton v city of philedelphia

ruled that philadelphia violated the free exercise clause by refusing to contract with a catholic foster care agency that refrained form placing children with same sex families

schenck v United States

upheld the conviction of schenck for obstructing the war effort by sending out leaflets urging drafted men to resist the draft

miller v california

established a three-part test which determines obscenity based on if material 1. excites lust according to an average person’s standards, 2. deals with a form of sexual conduct specifically covered in an anti-obscenity law, and 3. has no literary, artistic, political, or scientific value

new york times v United States

supreme court ruled the NYT had the right to publish the pentagon papers (papers which held the true death count during wars) despite it being a possible threat to national security; established the clear-and-present danger test

branzburg v hayes

held that reporters must respond to relevant questions during a valid grand jury investigation or a criminal trial

burstyn v wilson

held that expression through motion pictures is protocol by the 1st and 14th amendments

red lion broadcasting co. v FCC

held that television is protected by the 1st amendment but its protection is very limited

thornhill v alabama

struck down a law that made picketing a place of business a crime

greater new orleans broadcasting association v united states

struck down a federal law that barred casinos from advertising on radio or television

dejonge v oregon

allowed communists to peacefully assemble, ruled that Oregon had violated 1st and 14th amendment by shutting down communist assembly

cox v new hampshire

sets precedent to need of permit; set restrictions for time, place, and manner of speech

feiner v new york

court case that established the ability to disperse assemblies in order to keep peace (if violence happens or is threatened)

gregory v chicago

court case where the supreme court upheld the freedom of assembly in support of unpopular cause; gregory led a peaceful protest in a neighborhood and when violence was threatened, he refused to leave and was arrested

yates v united states

case which allowed the ability to join a group that advocated overthrow of US gov as long as it doesn’t lead to an actual overthrow (possibly changed during the war on terror)

roberts v joycees/rotary club

ruling which prohibited the exclusion of women in a business (if it harms economically)

reynolds v united states

court ruled a prohibition against polygamy, an exception to free exercise cause

masterpiece cakeship v colorado community

court ruled owner had right to refuse service since it went against his religious beliefs

texas v johnson

court ruled johnson’s burning of the flag was acceptable because it was symbolic speech

tinker v des moines

court ruled that students had no need to shed their constitutional rights to freedom of speech and expression at the school

hazelwood school district v kuhlmeier

court ruled that administrators can edit materials that reflect on school values when published in a school-sponsored forum

bethel school district v fraser

court ruled that the student’s right to freedom of speech was overruled by the school’s policies on obscenity and lewd speech