5-6 Court Cases Flashcards
Barron vs. Baltimore (1833)
The Supreme Court rules that the bill of rights limited only the actions of the U.S government and not those of the states.
Gitlow v. New York (1925)
The U.S supememe Court notes that the states were not completely free to limit form of political expression
Near v. Minnesota (1931)
Found that prior restraints on publication violate freedom of the press is protected under the first amendment, a principle that was applied to free speech generally in subsequent jurisprudence
Palko v. Connecticut (1937)
was a United States Supreme Court case concerning the incorporation of the Fifth Amendment protection against double jeopardy.
Engel v. Vitale (1962)
The court rules that the recitation in public school classrooms of a brief nondenominational prayer drafted by the local school board was unconstitutional.
Abington School District v. Schempp (1963)
The court rules that state-mandated bible reading or recreation of the Lord’s Prayer in public schools was also unconstitutional
Lemon v. Kurtzman (1971)
The court tried to carve out a three-part Test for laws dealing with religious establishment issues.
Christian Legal Society v. Martínez (2010)
The court ruled that the university of California Hastings college of law could deny recognition and therefore funding to the Christian legal society because the group limited its membership to those who shared a common faith orientation.
Schenck v. U.S (1919)
Ruling that congress had a right to restrict speech “of such nature as to create a clear and present danger that will bring about substantive evils that congress has a right to prevent.”
Brandenburg v. Ohio (1969)
The court fashioned a new test for deciding whether certain kinds of speech could be regulated by the government : the direct incitement test
New York Times Co. v. U.S (1971)
The Supreme Court ruled that the U.S Government could not block the publication of secret Department of defense documents illegally furnished to the times by anti war activists.
Nebraska Press Association v. Stuart
That any attempt by the government to prevent expression carried a “heavy presumption against its constitutionality “ in this case, a trial court issued a gag order barring the press from reporting the lurid details of a crime
Stromberg v. California (1931)
The court overturned a communist youth camp directors conviction under a state prohibiting the display of a red flag, a symbol of opposition to the U.S. government.
Tinker v. Des Moines Independent Community School District (1969)
The right of high school students to wear black armbands to protest the Vietnam war was upheld.
R.A.V v. City of St. Paul (1992)
The court rules 5-4 that a white teenager who burned a cross on a black family’s front lawn, thereby committing a hate crime.
New York Times Co. v. Sullivan (1964)
Case in which the Supreme Court concluded that “actual malice” must be proven to support a finding of libel against a public figure.
Chaplinsky v. New Hampshire
The court articulated the fighting words doctrine , a limitation of the first amendments guarantee of freedom of speech
Roth v. U.S. (1957)
To be considered obscene, the material in question had to be “utterly without redeeming social importance,” and articulated a new test for obscenity:” whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to the prurient interests.”
Miller v. California (1973)
The court set out a test that redefined obscenity. To make it easier for states to regulate obscene materials, the justices concluded that lower courts must ask “whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by state law.”
Dejonge v. Oregon (1937)
Incorporated the first amendments freedom of assembly clause to apply to the states
Seed Scott v. Sandford (1857)
Chief Justice Roger B Taney listed the right to own and carry arms as a basic right of citizenship.
US v. Miller (1939)
A unanimous court upheld the constitutionality of the act, stating that the second amendment was intended to protect a citizens right to own ordinary militia weapons and not sawed off shotguns.
