Chapter 5: Civil Liberties Court Cases Part 1 Flashcards
A general secretary of the American Socialist Party organized a mass mailing of anti-draft flyers to urge those not to attend the draft
Schenck v. US (1919)
Was arrested and charged under the Espionage Act and was found guilty of violating and affecting the war effort
Schenck v. US (1919)
Court decided that it was clear and present danger and created a balancing test in free speech cases
Schenck v. US (1919)
Russian born political activist was arrested for handing out leaflets that was critical to the US actions against Russia’s new form of government
Abrams v. US (1919)
What a clear and present danger to the US and the dissenting opinion wasn’t as bad as Schenck
Abrams v. US (1919)
Arrested for handing our leaflets calling for and uprising of socialist government and was convicted under New York law as forbidding and dangerous speech
Gitlow v. New York (1925)
Appeals claiming that New york violated his 1st amendment of free speech and the state argued that the BOR didn’t appeal to state laws
Gitlow v. New York (1925)
Centered on a KKK leader that was arrested for giving speech advocating illegal activities and the court had to decide if it was clear and present danger
Brandenburg v. Ohio (1969)
Decided that speech has to be directed to inciting or producing imminent danger of lawless action
Court ruled that speech wouldn’t produce lawless action
Brandenburg v. Ohio (1969)
Symbolic Expression that doesn’t disrupt school curriculum can’t be censored
Tinker v. Des Moines Independent County School District (1969)
Texas flag burning statute is unconstitutional
Texas v. Johnson (1984)
US flag burning is illegal- Supreme Court decided that it’s unconstitutional
US v. Eichman (1990)
Public people can interject into a public arena, private people don’t
NY Times v. Sullivan (1964)
Malice afterthought must be proven to public persons
NY Times v. Sullivan (1964)
Publishers called a local political a gangster and the government called for an injunction
Near v. Minnesota (1931)
Court struck down the state law for high standards needed for prior restraint- the government needed to prove irreparable harm
Near v. Minnesota (1931)
Ellisburg smuggles classified documents about vietnam out of the pentagon and sent them to the NY times
NY Times v. New York
Papers were published after being smuggles and the gov, sought for an injuction
NY Times v. New York
Court sided with the press and showed that the courts are most likely to side with the press
NY Times v. New York
Shows Expression v. Order
Hazelwood v. Kuhlmeier (1988)
High school students wanted to publish a section on teen pregnancy and divorce and authorities censored it
Hazelwood v. Kuhlmeier (1988)
Students sued and loss- School can censor if it’s not valid for educational purposes
Hazelwood v. Kuhlmeier (1988)
Case the shows Obscenity
Miller v. California (1973)
State & Local government have the responsibility to use a test to determine if offending parties have passes the test
Miller v. California (1973)
An owner of a sex shop sent his advertisement through the mail
Miller v. California (1973)
Case shows freedom of assembly
Feiner v. NY (1951)
Edwards v. South Carolina (1963)
Holds speaker responsible for the actions when utter unpopular ideas
Feiner v. NY (1951)
Hold the audience responsible for their actions as a result of unpopular speech
Edwards v. South Carolina (1963)
NJ Town challenged for reimbursing parents for the cost of transportation for kids going to private schools
Everson v. Board of Education of Ewing Township (1947)
Supreme Court claimed that busing was a neutral activity
Everson v. Board of Education of Ewing Township (1947)
No school prayer or non denominational prayer allowed because school is a state agency and kids are impressionable under peer pressure
Engel v. Vitale (1962)
No voluntary prayers of bible readings in public school because it may get a “atheist” label which is unfair
Abington School DIstrict v. Schempp (1963)
3 parts test for public aid to religious school and anything else religious
Lemon v. Kurtzman (1971)
NY can’t create a special school district for orthodox jews or other groups
Board of Ed v. Grumet (1994)
Any school that receives federal funds cannot prohibit religious/political groups from meeting after school
Board of Ed v. Mergens (1990)
Upholds the Equal Access Act of 1984
Board of Ed v. Mergens (1990)
Moments of silence specifally intended for meditation/prayer in public school is unconstriutional
Wallace v. Jaffree (1985)
Alabama passed down 3 laws and all were struck down
Wallace v. Jaffree (1985)
