Civil Liberties Cases Flashcards
established standards for governing obscenities
Miller v. California (1973)
(press/amendment 1) government cannot pass censor or otherwise prohibit publication in advance
prior restraint is forbidden
Near v. Minnesota (1931)
(amendment 9) established a constitutional right to privacy and a zone of personal autonomy
Griswold v. Connecticut (1965)
(amendment 9) ruled a Texas law outlawing abortion as unconstitutional except to save the mothers life
Roe v. Wade (1973)
placed limits on the extent of the exclusionary rule and established the “good faith exception”
US v. Leon (1984)
struck down a state program that would have helped pay the salaries of teachers hired by parochial schools to give instruction in secular subjects
Lemon v. Kurtzman (1971)
case establishing statements that police required to make to a person before that person is subject to in-custody questioning
Miranda v. Arizona (1968)
preserved the right of individuals to burn the flag as a form of symbolic speech
similar to decision in US v. Eichman (1990)
Texas v. Johnson (1989)
prohibiting the reciting of prayers in public schools, choice was the parents and kids choose where they want to go, does not apply to private schools
Engle v. Vitale (1962)
(amendment 4) ruled that all evidence obtained illegally was inadmissible in a state court. this case applied the exclusionary rule to all levels of government
Mapp v. Ohio (1961)
the supreme court upheld a local government program that provided free transportation to parochial students
“separate and so indisputably marked off from the religious function”
Everson v. NJ Board of Education (1947)
Supreme Court ruled the freedom of speech take precedence - with public officials, one of the biggest attacks on the civil rights of black Americans
New York Times v. Sullivan (1964)
protection against double jeopardy is not a fundamental right
Palko v. Connecticut (1937)
(amendment 6) made the right to a jury trial in criminal cases obligatory on the states (“fundamental to American…Justice”) later, the supreme court held that the right applied to all non-petty criminal cases(
Duncan v. Louisiana (1968)
(amendment 5) everyone has a right to legal counsel
Gideon v. Wainwright (1963)
(speech/amendment 1) first instance of the court applying the Bill of Rights to the states (incorporation)
bad tendency test
Gitlow v. New York (1925)
specific individual rights that are constitutionally protected against gov’t infringement
Civil Liberties
powers of privileges guaranteed to individuals and protected from arbitrary removal at the hands of gov’t or individuals
Civil rights
the Court held as constitutional a gov’t program in which parochial school students borrowed state-purchased textbooks. no evidence of religious books being loaned, parochial schools also perform the task of secular education
NY Board of Education v. Allen (1968)
to advance education in general, not religious education
Purpose of NY Board of Education v. Allen (1968)
they must have a secular purpose, their primary effect must not be to advance or inhibit religion, they must not entangle the government excessively with religion
Three-pronged test (Lemon test)
the court ruled that is was constitutional for the state of Ohio to provide students with tuition vouchers to be used at a school of their choice
Zelman v. Simmons-Harris (2002)
the court ruled (7-2) that disqualifying Sherbert, a Seventh-Day Adventist, from receiving unemployment benefits violated the free-exercise clause, she was fired for having to work on the day of going to church
Sherbert v. Verner (1963)
exemptions for ‘closely held’ corporations regarding denial of health coverage for contraception
Burwell v. Hobby Lobby (2014)
clear and present danger, speech as the advocacy of ideas or speech as incitement
Schenck v. US (1919)
imminent lawless action, must prove speech will lead to lawless action
Brandenburg v. Ohio (1969)
court ruled that students wearing armbands would not interfere with school discipline (symbolic speech)
Tinker v. Des Moines School Dist. (1969)
Community standards, patently offensive, lacks value
Miller Test
the court overturned the 1996 Communications Decency Act, restrictions were too broad and suppressed material intended for adults. restricting younger people from seeing certain things on the internet
Reno v. ACLU (1997)
spoken words that falsely damage a persons reputation
Slander
publication of material that falsely damages established a persons reputation
Libel
the court decided that the government did not overcome the “heavy presumption against” prior restraint of the press in this case, pentagon papers case. government should stay out of the press
New York Times v. US (1971)
(amendment 2) individual right to bear arms, related to facto laws
DC v. Heller (2008)
evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if the mistake was made in good faith
Good faith exception
should schools be allowed to search a students locker if they believe a school rule had been broken? Random searches
TLO v. New Jersey (1985)
Does random drug testing of high school athletes violate the reasonable search and seizure clause of the 4th amendment?
Vernonia School District v. Action (1985)
(amendment 9) overturned Roe v. Wade, ruling that the substantive right to an abortion was not protected by the Constitution
Dobbs. v. Jackson (2022)
the court upheld a Missouri Law that placed restrictions on abortion
Webster v. Reproductive Health Services (1989)
states’ restrictions on abortion cannot place an ‘undue burden’ on a woman seeking an abortion.
Planned Parenthood v. Casey (1992)
protects private sexual conduct
Lawrence v. Texas (2003)
the government needs a warrant to access a person cellphone location history
Carpenter v. US (2018)
