civil liberties court cases

Question 1

Gitlow v New York (1925)

Answer 1

Selective Incorporation

SCOTUS says the First Amendment applies to states.

Question 2

McDonald v Chicago (2010)

Answer 2

Selective Incorporation

The Second Amendment that allows the people to keep and bear arms applies to state governments as well as the federal government.

Question 3

Schenck v United States (1919)

Answer 3

Free Speech and Free Press

Speech may be punished if it creates a clear and present danger of illegal acts.

Question 4

Chaplinsky v New Hampshire (1942)

Answer 4

Free Speech and Free Press

Fighting words are not protected by the First Amendment.

Question 5

New York Times v Sullivan (1964)

Answer 5

Free Speech and Free Press

To libel a public figure, there must be “actual malice.”

Question 6

Tinker v Des Moines (1969)

Answer 6

Free Speech and Free Press

Public school students may wear armbands to class protesting against America’s war in Vietnam when such display does not disrupt class.

Question 7

Miller v California (1973)

Answer 7

Free Speech and Free Press

Obscenity defined as appealing to prurient interests of an average person with materials that lack literary, artistic, political, or scientific value.

Question 8

Texas v Johnson (1969)

Answer 8

Free Speech and Free Press

There may not be a law to ban flag burning.

Question 9

Citizens United v FEC (2010)

Answer 9

Free Speech and Free Press

The 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.

Question 10

Pierce v Society of Sisters (1928)

Answer 10

Religious Freedom

Though states may require public education, they may not require that students attend only public schools.

Question 11

Everson v Board of Education (1947)

Answer 11

Religious Freedom

The wall of separation principle is announced.

Question 12

Engel v Vitale (1962)

Answer 12

Religious Freedom

There may not be a prayer, even a nondenominational one, in public schools.

Question 13

Santa Fe Independent School District v Doe (2000)

Answer 13

Religious Freedom

Students may not lead prayers before start of a football game at a public school.

Question 14

Zelman v Simmons-Harris (2002)

Answer 14

Religious Freedom

Voucher plan to pay school bills is upheld.

Question 15

Burwell v Hobby Lobby (2014)

Answer 15

Religious Freedom

Certain companies may be exempt from providing contraceotive coverage in health insurance if that violates their owners’ religious beliefs.

Question 16

Mapp v Ohio (1961)

Answer 16

Criminal Charges

Evidence illegally gathered by the police may not be used in a criminal trial.

Question 17

Gideon v Wainwright (1964)

Answer 17

Criminal Charges

Persons charged with a crime have a right to an attorney even if they cannot afford one.

Question 18

Miranda v Arizona (1960)

Answer 18

Criminal Charges

Court describes warning that police must give to arrested persons.

Question 19

United States v Leon (1984)

Answer 19

Criminal Charges

Illegally obtained evidence may be used in a trial if it was gathered in good faith without violating the principles of the Mapp decision.

Question 20

Rasul v Bush and Hamdi v Rumsfeld (2004)

Answer 20

Criminal Charges

Terrorist detainees must have access to a neutral court to decide whether they are legally held.

Question 21

Hamden v Rumsfeld (2006)

Answer 21

Criminal Charges

The executive branch cannot unilaterally set up military commissions to try suspected terrorists: Congress must authorize their creation.

Question 22

Boumedine v Bush (2008)

Answer 22

Criminal Charges

Congress may not suspenc the writ of habeas corpus for suspected terrorists held at Guatanamo Bay