AP Government & Politics Ch.4 Key Cases Flashcards
Gitlow v. New York (1925)
The 1925 Supreme Court decision holding that freedoms of press & speech are “fundamental personal rights & liberties protected by the due process clause of the 14th Amendment from impairment by the states,” as we’ll as by the federal government.
Barron v. Baltimore (1833)
The 1833 Supreme Court decision that the Bill of Rights restrained only the national government, not the states & cities.
Lemon v. Kurtzman (1971)
The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose (2) have a primary effect that neither advances nor inhibits religion; (3) and not foster excessive government entanglement with religion
Zelman v. Simmons Harris (2002)
The 2002 Supreme Court decision that upheld a state providing families with vouchers that could be used to pay for tuition at religious schools.
Engel v. Vitale (1962)
The 1962 Supreme Court decision holding that state officials violated the 1st Amendment when they wrote a prayer to be recited by New York’s school children.
School District of Abington Township, Pennsylvania v. Schempp (1963)
A 1963 Supreme Court decision holding that a Pennsylvanian law requiring Bible reading in schools violated the establishment clause of the 1st Amendment.
Near v. Minnesota (1931)
The 1931 Supreme Court decision holding that the 1st Amendment protects newspaper from prior restraint.
Schenck v. United States (1919)
A 1919 decision holding the conviction of a socialist who had urged young men to resist the draft during WWI.
Zurcher v. Stanford Daily (1978)
A 1978 Supreme Court decision holding that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the 1st Amendment rights to freedom of press.
Roth v. United States (1957)
A 1957 Supreme Court decision ruling that obscenity is not within the area of constitutionality protected speech or press.
Miller v. California (1973)
A 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a “prurient interest” & being “patently offensive” & lacking in value.
New York Times v. Sullivan (1964)
Decided in 1964, this case established the guidelines for determining whether public officials & public figures could win damage suits for libel. To do so individuals must prove that the defamatory statements were made with “actual malice” & reckless disregard for the truth.
Texas v. Johnson (1989)
A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the 1st Amendment.
Miami Herald Publishing Co. v. Tornillo (1974)
A 1974 case in which the Supreme Court held that a state could not force a newspaper to print replies from candidates it had criticized, illustrating the limited power of government to restrict the print media.
Red Lion Broadcasting Co. v. Federal Communications Commission (1969)
A 1969 case in which the Supreme Court upheld restrictions on radio & televisions broadcasting. These restrictions on the broadcast media are much tighter than those on the print media because there are only a limited # of broadcasting frequencies available.