Ch 4 Court Cases (01.20.2021)

Question 1

Gitlow V. NY

Answer 1

constitutional issue: freedom of speech

impact: subversive speech was found unprotected by the constitution because it presents a clear and present danger.

Question 2

Engel V. Vital

Answer 2

constitutional issue: establishment clause

impact: SCOTUS ruled that it is unconstitutional for state mandated prayers in public schools

Question 3

NY Times V. US

Answer 3

constitutional issue: speech and press
impact: SCOTUS ruled that the gov’t could not block publication of secret Department of Defense documents illegally furnished to the Times by anti-war activists

Question 4

NY Times V. Sullivan

Answer 4

constitutional issue: speech and press
impact: first major libel case - SCOTUS established that a finding libel against a public official could stand only if “actual malice,” or a a knowing disregard for the truth was shown

Question 5

Tinker V. Des Moines

Answer 5

constitutional issue: free speech

impact: protects symbolic speech - students have rights

Question 6

Mapp V. Ohio

Answer 6

constitutional issue: exclusionary rule

impact: items taken that are not on warrant are inadmissible in court

Question 7

Gideon V. Wainwright

Answer 7

constitutional issue: 6th amendment - right to counsel

impact: 6th amendment applies to the state gov’t - it is incorporated

Question 8

Escobedo V . Illinois

Answer 8

constitutional issue: 6th amendment - right to attorney

impact: must be provided an attorney during interrogation if requested

Question 9

Miranda V Arizona

Answer 9

constitutional issue: 5th amendment - obtaining statement through “coerced” police interrogation - also convicted w/o being informed of his rights under U.S. law (right to have a lawyer)
impact: Miranda rights - criminal suspects get greater protection

Question 10

Roth V. US

Answer 10

constitutional issue: speech and press - obscenity

impact: obscenity is not constitutionally protected

Question 11

Miller V. California

Answer 11

constitutional issue: speech and press - obscenity

impact: provided states greater freedom in prosecuting alleged vendors of obscene material - not protected

Question 12

Lemon vs Kurtzman

Answer 12

constitutional issue: establishment clause, separation of church and state (state funding for non-public, non-secular schools)
impact: Lemon test

Question 13

Roe V Wade

Answer 13

constitutional issue: implied right to privacy

impact: a woman’s right to an abortion was protected

Question 14

Abington V Schempp

Answer 14

constitutional issue: freedom of religion
impact: SCOTUS ruled that state-mandated Bible reading or recitation of the Lord’s Prayer in public schools in unconstitutional

Question 15

Griswold V CT

Answer 15

constitutional issue: connecticut law prohibiting the dissemination of info about and/or the sale of contraceptives
impact: marital privacy was violated - basis for later decisions about abortion

Question 16

Lawrence V TX

Answer 16

constitutional issue: homosexuality - 14th amendment equal protection
impact: First SCOTUS case to use right of privacy to prevent states from criminalizing private sexual behavior

Question 17

Obergefell V Hodges

Answer 17

constitutional issue: 14th amendment require state to license a marriage between two people of same sex & require a state to recognize marriage that was legally licensed and performed in another state, Equal protection clause
impact: Equal protection clause applies to all of the states - legalized equal marriage