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Supreme Court Cases > Cases > Flashcards

Cases Flashcards

0
Q

Gitlow V New York

1922

A

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

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1
Q

Barron V Baltimore (1833)

A

Shipyard taken over
Fifth Amendment - does it deny states the right to take private property?

Opinion - no, just feds

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2
Q

Near V Minnesota

1929

A

Scandal sheets banned
Prior restraint=okay?

Opinion- no. Cannot prohibit speech in advance.

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3
Q

Palko V Connecticut

1937

A

5th amendment- does it stop states from double jeopardizing?

Opinion - no: protection against double jeopardy not fundamental so not incorporated

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4
Q

Reynolds V US

1878

A

First amendment - prohibits laws against bigamy?

No - does not protect religious practices judged to be criminal

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5
Q

Engel V Vitale

1961

A

First amendment - prohibits voluntary, nondenominational prayer in schools?

Yes. No religious activities in public policies.

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6
Q

Abington Schools V Schempp

1962

A

First amendment - prohibits mandatory religious practice with an opt-out?

Yes. Violates establishment and free exercise clauses.

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7
Q

Lemon V Kurtzman

1972

A

Stipends for private religious schools unconstitutional

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8
Q

Christian Legal Society Chapter V Martinez

2009

A

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.

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9
Q

Schenck V US

1918

A

Anti-draft advocate
First amendment - protects speech against draft

No. Clear and present danger in wartime.

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10
Q

Brandenburg V Ohio

1968

A

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

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11
Q

NY Times V US

1970

A

Pentagon papers
Prior restraint okay with classified info (pentagon papers)?

No. No immediate threat=no prior restraint

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12
Q

Nebraska Press Association V Stuart

1975

A

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.

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13
Q

Stromberg V California

A

Display flag opposing US okay?

Yes.

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14
Q

Tinker V Des Moines

1968

A

First amendment - black armbands OK in schools?

Yes. Must materially and substantially interfere with school to be suppressed.

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15
Q

RAV V St. Paul

1991

A

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.

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16
Q

NY Times V Sullivan

1963

A

New York Times libel against Montgomery city commissioner

First amendment - must prove speech harmed him and were known to be false

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17
Q

Roth V US

A

Obscene circulars

First amendment - obscenity (contemporary community standards) not protected

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18
Q

Miller V California

1971

A

Obscene mailers

First - not protected. Test )prurient )offensive )lacks value

19
Q

De Jonge V Oregon

1936

A

Communism + Criminal syndicalism

14th - speaking at communist meetings okay, speech must be examined by itself

20
Q

Dred Scott V Sandford

1856

A

Dred Scott sues for freedom

Missouri Compromise unconstitutional, slaves have no citizenship, therefore can’t sue

21
Q

US V Miller

1939

A

Sawed off shotgun = not protected

22
Q

D.C. V Heller

2007

A

DC gun ban for non-militia

2nd - guns can be kept for personal protection, not just militia

23
Q

McDonald V Chicago

2009

A

Illinois gun bans

2nd - incorporated at state level

24
Q

Miranda V Arizona

1965

A

Miranda rights

Cannot use statements gained without notifying people of their rights

25
Q

Weeks V US

1913

A

Betting slips with no warrant
4th - seizure of property with no warrant directly prohibited, can’t be used in a case
“Exclusionary rule”

26
Q

Mapp V Ohio

1960

A

Obscene materials, illegal search

4th right to lawful search/seizure incorporated

27
Q

Gideon V Wainwright

1962

A 
No lawyer granted in FLA
6th incorporated (right to counsel)
28
Q

Furman V Georgia

1971

A

Death penalty accidental death in burglary

Death penalty sometimes unconstitutional (8th)

29
Q

Gregg V Georgia

1975

A

Burglary and murder death penalty

Death penalty OK in extreme criminal cases.

30
Q

McKleskey V Kemp

1986

A

Black man sentenced to death, statistically more common

Death penalty OK unless clear racial bias in those specific proceedings

31
Q

House V Bell

2005

A

Death sentence new info

Reasonable doubt=enough cause for new trial on new evidence

32
Q

Griswold V Connecticut

1964

A

Contraceptive counseling

Right to privacy established, laws against contraceptives bad

33
Q

Roe V Wade

1971

A

Abortion

Right to abortion? Yes, depending on trimester.

34
Q

Webster V Reproductive Health Services

1988

A

More steps before abortions (viability tests) restrictions on state aid

Restrictions OK because no mandate to help and compelling state interest for viability tests

35
Q

Planned Parenthood V Casey

1991

A

Abortion waiting period, parental consent

OK because no “undue burden”

36
Q

Stenberg V Carhart

1999

A

Partial birth abortions=murder

Not okay in this case because undue burden + no clause for safety of mother

37
Q

Gonzales V Carhart

2006

A

Congressional partial birth abortion ban

OK because 1 type and not medically necessary and not undue burden

38
Q

Bowers V Hardwick

1985

A

Sodomy

Can be prohibited

39
Q

Lawrence & Garner V Texas

2002

A

Gay sex in the home

Constitutionally protected

40
Q

Lee V Weismann

1992

A

No prayer at middle school grad ceremony

41
Q

Osborne V Ohio

1990

A

Child pornography = not okay

42
Q

Terry V Ohio

1968

A

Stop and Terry frisk okay if reasonable suspicion

43
Q

McClesky V Zant

1990ish

A

Limits appeals of death penalty cases

44
Q

Atkins V Virginia

A

Bars execution of mentally retarded

45
Q

Roper V Simmons

A

Bars execution under 18

46
Q

Cruzan V Missouri Dept. of Health

1990

A

Living will required to stop vegetative state treatment

Supreme Court Cases (2 decks)

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