court cases Flashcards
McCulloch vs. Maryland
1819
Federal Gov’t has right to set up Federal Bank & State cannot tax it.
Implied Power: specific source - Enumerated Powers
Gitlow vs. New York
1925
Began “Selective Incorporation” of the Bill of Rights to States through the 14th Amendment.
1st Supreme Court decision applying to 1st Amendments Free Speech protections
What is Selective Incorporation?
The case-by-case approach to decide which parts of the Bill of Rights apply to the States.
Originally, the Bill of Rights only applied to the National Government.
14th Amendment
1868
due process clause
Palko vs. Connecticut
1937
Preferred freedoms
Double Jeopardy clause of 5th Amendment was NOT a fundamental right.
some “preferred freedoms”: freedom of religion, speech, & the press
Texas vs. Johnson
1989
Symbolic Speech
Burning the Flag was Protected Speech under 1st Amendment
Schenck vs. U.S.
1919
Clear and Present Danger
Court ruled: Freedom of Speech (1st amendment) could be restricted if words (written or spoken) represented a “clear & present danger” to society.
Schenck was convicted under Espionage Act for criticizing the draft.
Miller vs. California
1973
Obscenity
Court ruled: Obscene materials did not enjoy 1st amendment protection.
Miller test: must be offensive to the average person…
“deviant sexual interests”, “no literacy value”, no serious…”
NYT vs. U.S.
1971
CENSORSHIP
Court decision defended the 1st Amendment right of free press against Prior Restraint by the government.
“Pentagon Papers Case”
Mapp vs. Ohio
1961
Search and Seizure - 4th Amendment
Court decision: Evidence obtained illegally may not be used against someone in a court of law.
This case strengthened 4th amendment protection against unreasonable searches & seizures.
4th Amendment - Search & Seizure
What type of searches did the court decide are allowed?
4th amendment allows the following searches:
- Person arrested
- Things in plain view of accused person
- Places or things within ‘immediate control’ of person
Miranda vs. Arizona
1966
An arrested individual is entitled to rights against self-incrimination
and to an attorney under 5th & 6th ammendments.
Powell vs. Alabama
1932 - Death Penalty cases
6th Amendment right to adequate legal counsel was made binding on state governments as required by the 14th Amendment’s Due Process Clause.
Supreme court reversed convictions of 9 black men wrongly accused of raping 2 white women.
Gideon vs. Wainwright
1963 - Non-death penalty cases
6th amendment requires States to provide attorneys to criminal defendants unable to afford to pay. Gideon was tried a 2nd time w/ appointed lawyer & was acquited of charges.
Brewer vs. Williams
1977
“Christian burial speech”
Robert Williams was escaped mental patient. His 6th amendment rights to legal counsel were violated by Police, who manipulated him into confessing w/”Christian Burial Speech”.
