Cases Flashcards
Gitlow V New York
1922
Gitlow publishes stuff with no real consequence
First amendment - prohibits NY ability to punish overthrow of gov’t?
Opinion- no: 1st applies to states thru 14th, but dangerous tendencies=punishable
Barron V Baltimore (1833)
Shipyard taken over
Fifth Amendment - does it deny states the right to take private property?
Opinion - no, just feds
Near V Minnesota
1929
Scandal sheets banned
Prior restraint=okay?
Opinion- no. Cannot prohibit speech in advance.
Palko V Connecticut
1937
5th amendment- does it stop states from double jeopardizing?
Opinion - no: protection against double jeopardy not fundamental so not incorporated
Reynolds V US
1878
First amendment - prohibits laws against bigamy?
No - does not protect religious practices judged to be criminal
Engel V Vitale
1961
First amendment - prohibits voluntary, nondenominational prayer in schools?
Yes. No religious activities in public policies.
Abington Schools V Schempp
1962
First amendment - prohibits mandatory religious practice with an opt-out?
Yes. Violates establishment and free exercise clauses.
Lemon V Kurtzman
1972
Stipends for private religious schools unconstitutional
Christian Legal Society Chapter V Martinez
2009
Law school not recognized
First amendment - okay to deny student organization rights to religious organizations?
Yes. Okay to make all registered student organizations accept all people.
Schenck V US
1918
Anti-draft advocate
First amendment - protects speech against draft
No. Clear and present danger in wartime.
Brandenburg V Ohio
1968
KKK rally in the boonies
First amendment - KKK hate speech protected?
Sometimes. Test for prohibition: (1)aims produce imminent lawless action AND (2) is likely to produce this action
NY Times V US
1970
Pentagon papers
Prior restraint okay with classified info (pentagon papers)?
No. No immediate threat=no prior restraint
Nebraska Press Association V Stuart
1975
Murder trial
First amendment - prior restraint okay if it guarantees rights to fair trial?
No. Does not fix the problem enough to balance denial of free press.
Stromberg V California
Display flag opposing US okay?
Yes.
Tinker V Des Moines
1968
First amendment - black armbands OK in schools?
Yes. Must materially and substantially interfere with school to be suppressed.
RAV V St. Paul
1991
Cross burning
First amendment - protects racial speech if it is otherwise okay?
Yes. If speech is okay in one case, it can’t be not okay because of ethnicity.
NY Times V Sullivan
1963
New York Times libel against Montgomery city commissioner
First amendment - must prove speech harmed him and were known to be false
Roth V US
Obscene circulars
First amendment - obscenity (contemporary community standards) not protected
Miller V California
1971
Obscene mailers
First - not protected. Test )prurient )offensive )lacks value
De Jonge V Oregon
1936
Communism + Criminal syndicalism
14th - speaking at communist meetings okay, speech must be examined by itself
Dred Scott V Sandford
1856
Dred Scott sues for freedom
Missouri Compromise unconstitutional, slaves have no citizenship, therefore can’t sue
US V Miller
1939
Sawed off shotgun = not protected
D.C. V Heller
2007
DC gun ban for non-militia
2nd - guns can be kept for personal protection, not just militia
McDonald V Chicago
2009
Illinois gun bans
2nd - incorporated at state level
Miranda V Arizona
1965
Miranda rights
Cannot use statements gained without notifying people of their rights
Weeks V US
1913
Betting slips with no warrant
4th - seizure of property with no warrant directly prohibited, can’t be used in a case
“Exclusionary rule”
Mapp V Ohio
1960
Obscene materials, illegal search
4th right to lawful search/seizure incorporated
Gideon V Wainwright
1962
No lawyer granted in FLA 6th incorporated (right to counsel)
Furman V Georgia
1971
Death penalty accidental death in burglary
Death penalty sometimes unconstitutional (8th)
Gregg V Georgia
1975
Burglary and murder death penalty
Death penalty OK in extreme criminal cases.
McKleskey V Kemp
1986
Black man sentenced to death, statistically more common
Death penalty OK unless clear racial bias in those specific proceedings
House V Bell
2005
Death sentence new info
Reasonable doubt=enough cause for new trial on new evidence
Griswold V Connecticut
1964
Contraceptive counseling
Right to privacy established, laws against contraceptives bad
Roe V Wade
1971
Abortion
Right to abortion? Yes, depending on trimester.
Webster V Reproductive Health Services
1988
More steps before abortions (viability tests) restrictions on state aid
Restrictions OK because no mandate to help and compelling state interest for viability tests
Planned Parenthood V Casey
1991
Abortion waiting period, parental consent
OK because no “undue burden”
Stenberg V Carhart
1999
Partial birth abortions=murder
Not okay in this case because undue burden + no clause for safety of mother
Gonzales V Carhart
2006
Congressional partial birth abortion ban
OK because 1 type and not medically necessary and not undue burden
Bowers V Hardwick
1985
Sodomy
Can be prohibited
Lawrence & Garner V Texas
2002
Gay sex in the home
Constitutionally protected
Lee V Weismann
1992
No prayer at middle school grad ceremony
Osborne V Ohio
1990
Child pornography = not okay
Terry V Ohio
1968
Stop and Terry frisk okay if reasonable suspicion
McClesky V Zant
1990ish
Limits appeals of death penalty cases
Atkins V Virginia
Bars execution of mentally retarded
Roper V Simmons
Bars execution under 18
Cruzan V Missouri Dept. of Health
1990
Living will required to stop vegetative state treatment
