Court Cases Flashcards
Stated that collecting income tax was unconstitutional and in result Amendment 16 was established that clarified right of the government to collect taxes.
Pollock v. Farmers Loan and Trust 1895
Incorporates 4th Amendment (legal searches and seizures) into states, they follow same rules as national gov’t.
If evidence obtained illegally it must be excluded from the trial.
Mapp v. Ohio 1961
Supreme Court decision that established that help to church related schools must pass the “lemon test”
1) have a secular legislative purpose
2) have a primary effect that neither promotes nor prohibits religion
3) no excessive entanglement between state and religion
Lemon v Kurtzman 1971
States that public officials and public figures are not allowed to damage your reputation or slander your name.
New York Times v Sullivan 1964
Supreme Court decision holding that a state university cannot admit less qualified individuals solely because of their race. The court did not, however, rule that such affirmative action policies and the use of race as a criterion for admission were unconstitutional, only that they had to be formulated differently.
Bakke v Regents of the University of California 1978
Court declared that motels were part of state commerce. Meaning that motel owners could not discriminate a certain race
Heart of Atlanta Motel v US 1964
Property can be ceased under eminent domain
Kelo v City of New London Connecticut 2005
Campaign finance-Money equal free speech. State can’t limit amount of money you spend on your own campaign
Citizens v FEC 2009
Applies the first amendment rights (freedom to religion, speech, press, to petition, and right to assemble) to the states through the 14th amendment due process clause. Which protects from impairment by the states as well as the federal government.
“Selective incorporation”
Gitlow v New York 1925
Deals with the right to assemble. Civil rights activist groups trying to protest, then the state tried to outlaw but it failed.
Edwards v South Carolina 1963
Outlaws government directed prayer in school
Engel v Vitale 1962
Gives the right to educate children the way the people want to under 1st amendment freedom of religion is more important then states right to educate (Amish)
Wisconsin v Yoder 1972
Declares that government can limit speech if the speech provokes a “clear and present danger” of substantive evils. (A socialist urged young men to resist draft for WWI)
Upholds Espoinage act of 1917
Schenck v US 1919
Tried to declare that everyone should salute the flag, but it failed since it went against freedom of religion
West Virginia Board of Education v Barnett 1964
Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment
Texas v Johnson 1989
Group of highschoolers protesting the Vietnam War with armbands. Were then kicked out. Court declared that students had not went against the law, since it was a part of their right to symbolic speech.
Tinker v Des Moines 1969
Supreme Court decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the First Amendment.
Abington School District PA the Schempp 1963
Declaring that school newspapers and for-profit newspapers needed to be censored
Hazelwood School District v Kuhlmeir
Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother’s health in the second trimester, and permitted states to protect the fetus during the third trimester
Roe v Wade 1973
Supreme Court decision that permitted the government to jail several American Communist Party leaders under the Smith Act of 1941, A law forbidding advocacy of the violent overthrow of the US government
Dennis v US 1951
Senate threw out the law prohibiting the teaching of evolution in schools which dealt with freedom of religion
Epperson v Arkansas 1968
Court held that the Federal Gun-Free School Zones Act of 1990, which forbade the possession of firearms in public schools, exceeded Congress’s constitutional authority to regulate commerce. Overturned the law
US v Lopez 1995
Threw out state law that declared it was illegal to sell contraceptives
Griswold v Connecticut 1966
First asserted the right of the Supreme Court to determine the meaning of the US Constitution. The decision established the courts power of judicial review over acts of Congress
Marbury v Madison 1803
