Court cases Flashcards
Roe v. Wade (1973)
Prohibits state bans on Abortion
(attempts to decide when the compelling state interest to protect life begins and the right to privacy ends)
Dobbs v. Jackson Women’s Health Organization (2022)
Roe v. wade was overturn making it up to the state to decide when abortion legal and if it is legal at all
Griswold v. Connecticut (1965)
Court states right to privacy implied
Gideon v. Wainwright (1963)
State must provide attorney for indigent
Miranda v. Arizona (1966)
prevents you from self incrimination and makes it so that legally you’re rights have to read to you
McDonald v. Chicago (2010)/District of Columbia v. Heller (2008)
incorporates the 2nd Amendment to the states
Caroline Products v. United States (Rational basis, Intermediate Scrutiny, Strict Scrutiny)
Regulatory legislation affecting ordinary commercial transactions is not unconstitutional unless the challenger can overcome the presumption that the law has a rational basis within the knowledge and experience of the legislature.
Schenck v. United States (1919)
Freedom of speech can be limited during wartime. The government can restrict expressions that “would create clear and present danger that they will bring about substantive evils that congress has a right to prevent”
Citizens United v. Federal Elections Committee (2010) / Buckley v. Valeo (1976)
Free speech clause of the 1st Amendment prohibits the government from restricting independent “electioneering” expenditures for communications by nonprofit corporations, for profit corporations, labor unions, and other association
New York Times v. Sullivan (1964)
News publications cannot be liable for libel to public officials unless the plaintiffs meets the exacting “actual malice” standard in the publication of the false statements … hard to prove
Miller v. California (1973) (What’s the test?)
This case set forth rules for obscenity prosecutions, But it also gave states and localities flexibility in determining what is obscene.
Gitlow v. New York (1925)
The Supreme Court applied protection of free speech to the states through the due process clause of the fourteenth
amendment
Lemon v. Kurtzman (1971) (What’s the test?)
The court considered whether a PA law reimbursing religious schools with state funds for textbooks and teacher salaries for non-public, non-secular schools violated the establishment clause of the 1st Amendment. they found that in this case the statute constituted an excessive government entanglement with religion