Chapter 4 Court Cases

Question 1

Barron v. Baltimore

Answer 1

the 1833 supreme court decision holding that the bill of rights restrained only the national government, not the states and cities

Question 2

Gitlow v. New York

Answer 2

the 1925 supreme court decision holding that freedoms of press and speech are “fundamental personal rights and liberties protected by the DUE PROCESS clause of the fourteenth amendment from impairment by the states,” as well as by the federal government

Question 3

Lemon v. Kurtzman

Answer 3

established that aid to church-related schools must (1) have a secular legislative purpose, (2) have a primary effect that neither advances not prohibits religion, and (3) not foster excessive government entanglement with religion

Question 4

Zelman v. Simmons-Harris

Answer 4

upheld a state providing families with vouchers that could be used to pay for tuition at religious schools

Question 5

Engel v. Vitale

Answer 5

supreme court decision holding that state officials violated the 1st amendment when they wrote a prayer to be recited by New York school children

Question 6

School district of Abington Township, Pennsylvania v. Schemp

Answer 6

supreme court decision holding that a Pennsylvania law requiring bible reading in schools violated the establishment clause

Question 7

Near v. Minnesota

Answer 7

supreme court decision holding that the 1st amendments protects newspapers from prior restraint

Question 8

Schneck v. United States

Answer 8

supreme court decision upholding the conviction of a socialist who had urged young men to resist the draft during ww1. declared that government can limit speech if the speech provokes a “clear and present danger” of substantial evils

Question 9

Zurcher v. Stanford Daily

Answer 9

supreme court decision holding that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the 1st amendment

Question 10

Roth v. United States

Answer 10

supreme court decision ruling that “obscenity is not within the area of constitutionally protected speech or press.”

Question 11

Miller v. California

Answer 11

avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a “prurient interest.”

Question 12

New York Times v. Sullivan

Answer 12

established the guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made with “actual malice”

Question 13

Texas v. Johnson

Answer 13

supreme court struck down a law banning the burning of the American flag on the grounds that such actions was symbolic speech

Question 14

Miami Herald Publishing Company v. Turnillo

Answer 14

a state could not force a newspaper to print replies from candidates it had criticized, illustrating the limited power of government to restrict the print media

Question 15

Red Lion Broadcasting Company v. Federal Communications Commission

Answer 15

upheld restrictions on radio and television broadcasting. These restrictions on the broadcasting media are much tighter than those on the print media because there are only a limited number of broadcasting frequencies available

Question 16

NAACP v. Alabama

Answer 16

the 1958 case in which it was decided the NAACP didn’t have to reveal its members, the right to assemble peaceably

Question 17

Mapp v. Ohio

Answer 17

4th amendments protection against unreasonable search and seizures must be extended to the states as well as to the federal government

Question 18

Miranda v. Arizona

Answer 18

sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect against their right to counsel

Question 19

Gideon v. Wainwright

Answer 19

supreme court decision holding that anyone accused of a felony where imprisonment may be imposed, however poor he or she might be, has a right to a lawyer

Question 20

Gregg v. Georgia

Answer 20

upheld the constitutionality of the death penalty, stating “it is an extreme sanction, suitable to the most extreme of crimes.”

Question 21

McCleskey v. Kemp

Answer 21

upheld the constitutionality of the death penalty against charges that it violated the 14th amendment because minority defendants were more likely to receive the death penalty than were white defendants

Question 22

Roe v. Wade

Answer 22

a state ban on all abortions was unconstitutional. the decisions forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother’s health in the second trimester, and permitted states to protect the fetus during the third trimester

Question 23

Planned Parenthood v. Casey

Answer 23

loosened its standard for evaluating restrictions on abortion from of “strict scrutiny” of any restraints on a “fundamental right” to one of “undue burden” that permits considerably more regulation