Civil Liberties/ Rights Court Cases Flashcards
Schenck v. U.S. (1917)
Issue: Freedom of Speech
Overview: Schenck prints anti-war leaflets and urges civil disobidience.
Decision: Supreme Court rules that his actions are a “clear and present danger” to the country.
Gitlow v. New York (1925)
Issue: Freedom of Speech
Overview: Gitlow gets arrested for calling an armed overthrow of the US gov’t; New York state law was used to convict him
Decision: Supreme Court upheld the conviction, but establishes the Incorporation Doctrine
Incorporation Doctrine: States also have to follow the Bill of Rights
Brandenburg v. Ohio (1969)
Issue: Freedom of Speech
Overview:
Decision: Replaced “clear and present danger test” with direct incitement test
Direct Incitement: words that are the direct cause of illegal action
New York Times v. Sullivan (1964)
Issue: Freedom of Speech
Overview: Pics in New York Times of civil rights violence
Decision: Supreme Court rules that the pics didn’t show malice or “knowing disregard for the truth”
Tinker v. Des Moines (1969)
Issue: Freedom of Speech/ Symbolic Speech
Overview: Students wear black armbands to school to protest the Vietnam War
Decision: Supreme Court ruled that they are allowed to wear the armbands as it is not a disruption to others.
Texas v. Johnson (1989)
Issue: Freedom of Speech/ Symbolic Speech
Overview: Johnson burned an American flag outside of the Republican National Convention.
Decision: Ruled that flag burning is not illegal
Near v. Minnesota (1931)
Issue: Freedom of Press
Overview: A press called The Saturday Press printed a newspaper that said things that the state didn’t like, therefore Minnesota shut the press down.
Decision: Supreme Court ruled that state couldn’t shut down a newspaper firm just bc it printed things they didn’t like. (Prior Restraint)
Engel v. Vitale (1962)
Issue: Freedom of Religion
Overview: New York Board made a 22-word deominational voluntary prayer to be said at the beginning of the school day in public schools.
Decision: Supreme Court ruled that making this prayer was unconstitutional (Establishment Clause)
Wisconson v. Yoder (1962)
Issue: Freedom of Religion
Overview: Amish wanted to take their kids out of school after 8th grade, but Wisconson law said that kids have to stay in school until they’re 16.
Decision: Supreme Court ruled for the Amish and they could do this due to the Free Exercise Clause
Kennedy v. Bremerton School District (2022)
Issue: Freedom of Religion
Overview: Coach prayed after football games at midfield; district told him he couldn’t do that, but he didn’t stop, so the district fired him.
Decision: Supreme Court rules for the coach; school district didn’t prove that prayers would be viewed as an endorsement of religion
D.C v. Heller (2008)
Issue: Right to Bear Arms
Overview: D.C has a law that guns have to be disassembled and unloaded
Decision: Supreme Court ruled that this violated the 2nd Amendment
McDonald v. Chicago (2010)
Issue: 2nd Amendment
Overview: Illinois had banned guns, so there were multiple cases filed regarding this
Decision: Supreme Court ruled to overturn the law outlawing handguns; 2nd amendment applies to the states via the Due Process Clause and Incorporation Doctrine
NYSRPA v. Bruen (2022)
Issue: 2nd Amendment
Overview: NY required to give a reason for a conceal and carry permit
Decision: Supreme Court found this unconstitutional and said the law “prevented law abiding citizes from exercisig thier 2d amendment rights”
Mapp v. Ohio (1961)
Issue: 4th Amendment
Overview: Mapp’s home was searched in search of a fugitive, but the officers found other obscene materials, so Mapp sued saying that their search was illegal.
Decision: Supreme Court ruled for Mapp and reinstated the Exclusionary Rule (illegally obtained evidence cannot be used at trial)
T.L.O v. NJ (1985)
Issue: 4th Amendment
Overview: Student got caught smoking in the bathroom, administrators search her stuff and finds drugs, the student sues saying the search was illegal
Decision: Supreme Court ruled that the search was legal and that school faculty/administrators didn’t need a search warrant if they had a probable cause
Gideon v. Wainwright (1963)
Issue: 6th Amendment
Overview: Gideon was charged with a felony and he was brought to court. However, when he asked for a lawyer to be appointed for him in the criminal court, the court did not appoint him one, so he sued.
Decision: Supreme Court ruled that lawyers are necessities not luxuries, so states MUST provide defendents with an attorney if they can’t afford one.
Miranda v. Arizona (1966)
Issue: 5th amendment
Overview: Miranda was arrested and was interrogated by the police and they got a written confession from him, however he wasn’t told of his 5th amendment rights.
Decision: Supreme Court rules that the interrogation violated his 5th amendment rights and the Miranda rights were established.
Miller v. California (1973)
Issue: Obscenity
Overview: Miller advertised the sale of “adult” material, but was convicted of violating a California statute.
Decision: Supreme Court ruled that states and cities decide what is obscene and pornographic
Gregg v. Ga (1976)
Issue: 8th amendment
Overview: Gregg killed 2 hitchhikers on 1-75 interstate and was sentenced to death, however he says that the death penalty is illegal.
Decision: Supreme Court reinstated the death penalty and said it is left up to the states.
Baze v. Rees (2008)
Issue: 8th Amendment
Overview: An inmate said that lethal injection is illegal
Decision: Supreme ruled that lethal injections are legal
Roe v. Wade (1973)
Issue: Right to Privacy
Overview: Roe challenged a Texas law that made abortion illegal except when the mother is in danger.
Decision: Supreme Court ruled that abortion is legal in the 1st trimester, but states can put regulations in the 2nd and 3rd trimester.
Planned Parenthood v. Casey (1992)
Issue: Right to Privacy
Overview: The Pennsylvania legislature made changes to its abortion rules but were challenged by clinics and physicians.
Decision: Supreme Court ruled abortion is still protected, but states coud put limitations or restrictions on it as long as it doesn’t cause “an undue burde” on the mother
Dobbs v. Jackson Women’s Health Organization (2021)
Issue: Right to Privacy
Overview: A Mississippi law outlawed abortion after 15 weeks
Decision: Supreme Court ruled for Dobbs saying the law was legal and they also overturned Roe v. Wade and left abortion up to the states.
Dred Scott v. Sandford (1857)
Issue: Civil Rights
Overview: Dred Scott was a slave but resided in a free state. When he came back to Missouri, he asked for his freedom as he said he was now a free man.
Decision: Supreme Court ruled that slaves were property under the 5th amendment.
Plessy v. Ferguson (1896)
Issue: Segregation
Overview: Plessy who was 1/8 black sat in the whites only section of the railway cars and refused to move, so he was arrested.
Decision: Supreme Court ruled that the Lousiana law was legal and created “separate but equal”
