Cases!!! Flashcards

1
Q

Barron v Baltimore

A

Bill of Rights didn’t apply to the states/cities, just natl. govt.

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2
Q

Gitlow v NY

A

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)

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3
Q

Lemon v Kurtzman

A

aid to church-related schools must:

  1. have a secular legislative purpose
  2. have a primary effect that neither advances nor inhibits religion
  3. not foster excessive govt. entanglement w/ religion
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4
Q

Zelman v Simmons-Harris

A

upheld state (Ohio) providing families w/ vouchers that could be used to pay for tuition at religious schools

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5
Q

Engel v. Vitale

A

state officials violated the 1st Amendment when they wrote a prayer to be recited by NY schoolkids

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6
Q

School District of Abington Township, PA v Schempp

A

PA law requiring Bible reading in schools violated the establishment clause of the 1st Amendment (govt. can’t interfere w/ practice of religion)

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7
Q

Near v Minnesota

A

1st Amendment protects newspapers from prior restraint; restrictions when it applies to natl. security

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8
Q

Schenck v US

A

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

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9
Q

Zurcher v Stanford Daily

A

proper search warrant could be applied to a newspaper as well as to anyone else w/o necessarily violating 1st
Amendment

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10
Q

Roth v US

A

“obscenity is not w/in the area of constitutionally protected speech or press”

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11
Q

Miller v CA

A

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”

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12
Q

Marbury v. Madison

A

established judicial review

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13
Q

Fletcher v. Peck

A

1st case SCOTUS overturned a state law on constitutional grounds; extended judicial review to state laws

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14
Q

McCulloch v. MD

A

States don’t have power to tax natl. bank or govt.; reinforced supremacy clause

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15
Q

Gibbons v. Ogden

A

NY state couldn’t grant a steamship company a monopoly on an interstate waterway; increased federal power over interstate commerce

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16
Q

NY Times v. Sullivan

A

made it hard for celebrities to sue for libel (newspaper printed false story but thought it was true–> not libel)

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17
Q

Texas v. Johnson

A

protected flag burning as symbolic speech

18
Q

Morse v. Frederick

A

“Bong hits 4 Jesus”–limited students’ free speech

19
Q

Reynolds v. US

A

Banned polygamy; all religious beliefs are protected by free exercise clause but some religious practices are restricted; religious practices can’t make legal an act that is otherwise illegal

20
Q

Wisconsin v. Yoder

A

Wisconsin could not require Amish parents to send kids to public school beyond 8th grade; doing so violated long-held religious beliefs that Amish kids would help families at home after 8th grade

21
Q

Oregon v. Smith

A

Banned use of illegal drugs in religious ceremonies; govt can restrict religious practices when they break a law

22
Q

Citizens United v. Federal Election Commission

A

Corporations have a first amendment right to expressly support political candidates; created SuperPACs

23
Q

Tinker v. Des Moines

A

Protected some forms of symbolic speech in schools; students don’t lose all rights in school but their speech can’t disrupt learning

24
Q

Hazelwood School District v. Kuhlmeier

A

School district can censor student newspapers as long as censorship is related to legitimate concerns

25
Q

Weeks v. US

A

Created exclusionary rule

26
Q

Mapp v. Ohio

A

Exclusionary rule applied to states through selective incorporation doctrine (14th Amendment due process)

27
Q

Miranda v. Arizona

A

Subjects in police custody have certain rights and must be informed of those rights; read Miranda Rights

28
Q

Gideon v. Wainwright

A

Those that can’t afford an attorney will have one provided by state; right to counsel extended to states through selective incorporation

29
Q

Gregg v. Georgia

A

Capital punishment is constitutional because it isn’t cruel or unusual punishment

30
Q

Griswold v. Connecticut

A

A CT law criminalizing contraceptives violated marital privacy; Amendments 1, 3, 4, 9, 14 create “penumbras” that suggest a right to privacy; freedom of privacy incorporated to states

31
Q

Row v. Wade

A

State ban on all abortions was unconstitutional; permitted states to limit abortions in 2nd and 3rd trimesters

32
Q

Plessy v. Ferguson

A

Upheld Jim Crow segregation; “separate but equal”

33
Q

Brown v. Board of Education of Topeka

A

Overturned Plessy v. Ferguson; racially segregated schools violate equal protection clause of the 14th

34
Q

Brown v. Board 2nd

A

Warren Court ordered schools to desegregate “with all deliberate speed”

35
Q

Regents of the University of California v. Bakke

A

Race can be used as an admissions factor; racial quotas as unconstitutional

36
Q

Grutter v. Bollinger

A

Upheld decision in Bakke, but threw out the undergraduate system of applicant selection because minorities were given a large boost in points in the admission process

37
Q

Baker v. Carr

A

Ruled that the judicial branch of govt can rule on matters of legislative apportionment

38
Q

Wesberry v. Sanders

A

“One person, one vote” in congressional elections; state legislative districts must be as equal as possible–>cities and suburbs had greater representation

39
Q

Korematsu v. US

A

Upheld internment of Japanese Americans during WW2

40
Q

United States v. Nixon

A

Rules that there was no constitutional guarantee of unqualified executive privilege

41
Q

Clinton v. NY

A

President’s use of line-item veto is unconstitutional because it gave president legislative powers

42
Q

Shelby County v. Holder

A

Repealed parts of the Voting Rights Act; allowed for expansion of photo ID laws (harder to vote)