Chapter 4 Court Cases Flashcards
Barron v. Baltimore
the 1833 supreme court decision holding that the bill of rights restrained only the national government, not the states and cities
Gitlow v. New York
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
Lemon v. Kurtzman
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
Zelman v. Simmons-Harris
upheld a state providing families with vouchers that could be used to pay for tuition at religious schools
Engel v. Vitale
supreme court decision holding that state officials violated the 1st amendment when they wrote a prayer to be recited by New York school children
School district of Abington Township, Pennsylvania v. Schemp
supreme court decision holding that a Pennsylvania law requiring bible reading in schools violated the establishment clause
Near v. Minnesota
supreme court decision holding that the 1st amendments protects newspapers from prior restraint
Schneck v. United States
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
Zurcher v. Stanford Daily
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
Roth v. United States
supreme court decision ruling that “obscenity is not within the area of constitutionally protected speech or press.”
Miller v. California
avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a “prurient interest.”
New York Times v. Sullivan
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”
Texas v. Johnson
supreme court struck down a law banning the burning of the American flag on the grounds that such actions was symbolic speech
Miami Herald Publishing Company v. Turnillo
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
Red Lion Broadcasting Company v. Federal Communications Commission
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