Court Cases Flashcards
Barron v. Baltimore
the Bill of Rights only applies to the Federal Government
Gitlow v. New York
“Incorporation Doctrine”, 14th amendment, essentially reversed Barron v. Baltimore
Engel v. Vitale
no prayer in schools
Edwards v. Aguillard
don’t have to teach creationism alongside evolution
West Virginia State Board of Ed. v. Barnette
don’t have to say pledge or salute flag
Texas v. Johnson
burning the American flag is acceptable as freedom of expression
NAACP v. Alabama
freedom of assembly, didn’t have to release member list
Mapp v. Ohio
search and seizure, established exclusionary rule (can’t use illegally obtained evidence in court)
School District of Abington Township PA v. Schempp
no school sponsored Bible reading
Lemon v. Kurtzman
funding can go to church affiliated schools for secular purposes, established Lemon test
Zelman v. Simmons-Harris
scholarship in Ohio could be used for religious private schools as well as public schools
Wisconson v. Yoder
Amish families could pull their kids from school after 8th grade
Employment Division v. Smith
an employee fired for using illegal drugs won’t get unemployment compensation, even if it’s for religious purposes
Near v. Minnesota
withheld prior restraint, Near was able to publish sheet about “scandal”
Schenck v. US
distributed anti-war pamphlets during WWI, “clear and present danger”
Chaplinsky v. State of New Hampshire
obscenity and “fighting words” aren’t protected by the 1st amendment
Roth v. US
obscenity isn’t protected, defined obscenity
Miller v. CA
advertisement of obscenity wasn’t protected, expanded definition of obscenity
NY Times v. Sullivan
MLK arrest slander, must prove actual malice
Hustler v. Falwell
first time slander, must prove actual malice
Hazelwood v. Kuhlmeier
schools can limit student voice as long as there is a valid reason
Tinker v. Des Moines
armbands okay, students have 1st amendment rights unless it substantially interferes
Bethel v. Fraser
inappropriate VP speech, ruled that schools may discipline children for lewd speech
Snyder v. Phelps
okay for Westboro Baptist Church to picket funeral