Cases!!! Flashcards
Barron v Baltimore
Bill of Rights didn’t apply to the states/cities, just natl. govt.
Gitlow v NY
freedom of press and speech are “fundamental personal rights and liberties protected by the due process clause of the 14th Amendment from impairment by the states” as well as by the federal govt. (1st time Bill of Rights was applied to the states)
Lemon v Kurtzman
aid to church-related schools must:
- have a secular legislative purpose
- have a primary effect that neither advances nor inhibits religion
- not foster excessive govt. entanglement w/ religion
Zelman v Simmons-Harris
upheld state (Ohio) providing families w/ vouchers that could be used to pay for tuition at religious schools
Engel v. Vitale
state officials violated the 1st Amendment when they wrote a prayer to be recited by NY schoolkids
School District of Abington Township, PA v Schempp
PA law requiring Bible reading in schools violated the establishment clause of the 1st Amendment (govt. can’t interfere w/ practice of religion)
Near v Minnesota
1st Amendment protects newspapers from prior restraint; restrictions when it applies to natl. security
Schenck v US
upheld conviction of a socialist who urged young men to resist the draft in WWI; govt. can limit speech if it provokes a “clear and present danger” of substantive evils
Zurcher v Stanford Daily
proper search warrant could be applied to a newspaper as well as to anyone else w/o necessarily violating 1st
Amendment
Roth v US
“obscenity is not w/in the area of constitutionally protected speech or press”
Miller v CA
avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to…
the work, taken as a whole, appealed “to a prurient interest in sex”
showed “potentially offensive” sexual conduct specifically defined by an obscenity law
lacked “serious literary, artistic, political, or scientific value”
Marbury v. Madison
established judicial review
Fletcher v. Peck
1st case SCOTUS overturned a state law on constitutional grounds; extended judicial review to state laws
McCulloch v. MD
States don’t have power to tax natl. bank or govt.; reinforced supremacy clause
Gibbons v. Ogden
NY state couldn’t grant a steamship company a monopoly on an interstate waterway; increased federal power over interstate commerce
NY Times v. Sullivan
made it hard for celebrities to sue for libel (newspaper printed false story but thought it was true–> not libel)