Ch. 5-6 Court Cases Flashcards
Palko v. Connecticut
States must observe all “fundamental” liberties
Gitlow v. New York
1st Amend. applies to states
McDonald v. Chicago
2nd Amend. allows people to keep and bear arms applies to state gov. as well as the federal one.
Schenck v. United States
Speech may be punished if it creates a clear and present danger test of illegal acts
Chaplinksy v. New Hampshire
“Fighting words” are not protected by 1st Amend.
New York v. Sullivan
To libel a public figure, there must be actual malice
Tinker v. Dos Moines
Public school students may wear armbands to class protesting against Ame. war in Vietnam as long as it doesn’t disrupt class.
Miller v. California
Obscenity defined as appealing to prurient interests of an average person with materials that lack literary, artistic, political or scientific value
Texas v. Johnson
There may not be a law to ban flag burning
Reno v. ACLU
A law that band sending “indecent” material to minors over the internet is unconstitutional because “indecent” is too vague and broad.
FEC v. Wisconsin Right to Life
Prohibits campaign finance reform law from banning political advocacy
Citizens United v. FEC
Part of the McCain- Feingold campaign finance reform law that prevents corporations and labor unions from spending money on advertisements independent of political candidates or parties, in political campaigns is unconstitutional.
Pierce v. Society of Sisters
States may not require that students attend only public schools
Everson v. Board of Edu.
The wall-of-separation principle is announced
Zorauch v. Clauson
States may not allow students to be released from public schools to attend religious instruction
Engel v. Vitale
There may not be a prayer, even a nondenominational one, in public schools
Lemon v. Kurtzman
3 tests are described for deciding whether the gov. is improperly involved with religion
Lee v. Weisman
Public schools may not have clergy lead prayers at graduation ceremonies
Santa Fe Independent School District v. Doe
Students may not lead prayers before the start of a football game at a public school
Zelman v. Simmons-Harris
Voucher plans to pay school bills is upheld
Mapp v. Ohio
Evidence illegally gathers by the police may not be used in a criminal trial
Gideon v. Wainwright
Persons charged with a crime have a right to an attorney even if they cannot afford one
Miranda v. Arizona
Court describes warning that police must give to arrested persons
United States v. Leon
Illegally obtained evidence nah not be used in a trial if it was gathered in good faith without violating the principles of the Mapp decision
Dickerson v. United States
The Mapp decision is based on the Constitution and cannot be altered by Congress passing a law
Rasul v. Bush and Hamdi v. Rumsfeld
Terrorist detainees must have access to a neutral court to decide if they are legally held
Dred Scott case, Scott v. Sanford
Congress had no authority to ban slavery in a territory. A slave was considered a piece of property.
Plessy v. Ferguson (1896)
Upheld separate by equal facilities for white and black people on railroad cars
Brown v. Board of Education (1954)
Said separate public schools are inherently unequal, thus starting racial desegregation
Green v. County School Board of New Kent County
Banned a freedom of choice plan for integrating schools, suggesting blacks and whites must actually attend racially mixed schools
Swann v. Charlotte-Mecklenburg Board of Edu.
Approved busing and redrawing district lines as ways of integrating public schools
Reed v. Reed
Gender discrimination violates the equal protection clause of the Const.
Craig v. Brown
Gender discrimination can be justified only if it serves “important governmental objectives” and is “substantially related to those objectives”
Rostker v. Goldberg
Congress can draft men without drafting women
United States v. Virginia
State may not finance an all-male military school
Griswold v. Connecticut
Found a “right to privacy” in the Const. that would ban any state law against selling contraceptives
Roe v. Wade
States laws against abortion were unconstitutional
Webster v. Reproductive Health Services
Allowed states to ban abortions from public hospitals and permitted doctors to test to see if fetuses were viable
Planned Parenthood v. Casey
Reaffirmed Roe v. Wade but upheld certain limits on its use
Gonzales v. Carhart
Federal law may ban certain forms of partial birth abortion
Regents of the University of California v. Bakke
A quota like ban on Bakke’s admission was unconstitutional but that “diversity” was a legitimate goal that could be pursued by taking race into account
United Steelworkers v. Weber
Upheld the use of race in an employment agreement between the steelworkers union and steel plant
Richmond v. Croson
Affirmative action plans just be judged by the struck scrutiny standard that requires any race-conscious plan to be narrowly tailored to serve a compelling interest
Grutter v. Bollinger and Gratz v. Bollinger
Numerical benefits cannot be used to admit minorities into college, but rage can be a “plus factor” in making those decisions
Parents v. Seattle School District
Race cannot be used to decide which students may attend especially popular high schools because this was not “narrowly tailored” to achieve a “compelling” goal
Lawrence v. Texas
State law may not ban sexual relations between same sex partners
Boy Scouts of America v. Fake
A private organization may ban gays from it’s membership
