Court Cases Flashcards

1
Q

Gitlow v. New York (1925)

A

Supreme Court says the first amendment applies to states

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2
Q

Palko v. Connecticut (1937)

A

Supreme Court says states must observe all “fundamental liberties”

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3
Q

Mcdonald v. Chicago (2010)

A

The second amendment that allows people to keep and bear arms applies to state governments as well as the federal government

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4
Q

Schenck v. United States (1919)

A

Speech may be punished if it creates a clear and present danger of illegal acts

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5
Q

Chaplinksy v. New Hampshire (1942)

A

“Fighting words” are not protected by the first amendment

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6
Q

New York Times v. Sullivan (1964)

A

To libel a public figure, there must be actual malice

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7
Q

Tinker v. Des Moines (1969)

A

Public school students may wear armbands to class protesting against americas war in Vietnam when such display does not disrupt class

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8
Q

Miller v. California (1973)

A

Obscenity defined as appealing to prurient interest of an average person with materials that lack literary, artistic, political or scientific value

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9
Q

Texas v. Johnson (1989)

A

There may not be a law to ban flag burning

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10
Q

Reno v. ACLU (1997)

A

A law that bans sending indecent material to minors over the internet is unconstitutional because indecent is too vague and broad of a term

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11
Q

FEC v. Wisconsin right to life (2007)

A

Prohibits campaign finance reform law from banning political advocacy

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12
Q

Citizens United v. FEC (2010)

A

The part of the McCain-feingold campaign finance reform law that prevents cooperations and labor unions from spending money on advertisements(independent of political candidates or parties) in political campaigns is unconstitutional

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13
Q

Pierce v. Society of sisters (1925)

A

Though states may require public education, they may not require that students attend only public schools

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14
Q

Everson v. Board of education (1947)

A

The wall of separation principle is announced

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15
Q

Zorach v. Clauson (1952)

A

States may allow students to be released from public school to attend religious instruction

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16
Q

Engel v. Vitale (1962)

A

There may not be a prayer, even a nondenominational one, in public schools

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17
Q

Lemon v. Kurtzman (1971)

A

Three test are described for deciding whether the government is improperly involved in religion

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18
Q

Lee v. Weisman (1992)

A

Public schools may not have clergy lead prayers at graduation ceremonies

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19
Q

Santa Fe independent school district v. Doe (2000)

A

Students may not lead prayers before the start of a football game at a public school.

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20
Q

Zelman v. Simmons-Harris (2002)

A

Voucher plan to pay school bills is upheld.

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21
Q

Mapp v. Ohio (1961)

A

Evidence illegally gathered by the police may not be used in a criminal trial

22
Q

Gideon v. Wainwright (1964)

A

Persons charged with a crime have a right to an attorney if they cannot afford one

23
Q

Miranda v. Arizona (1966)

A

Court describes warnings that police must give arrested persons

24
Q

United States v. Leon (1984)

A

Illegally obtained evidence may be used in a trial if it was gathered in good faith without violating the principles of the mapp decision

25
Q

Dickerson v. United States (2000)

A

The mapp decision is based on the constitution and cannot be altered by congress passing a law

26
Q

Rasul v. Bush and hamdi v. Rumsfeld (2004)

A

Terrorist detainees must have access to a neutral court to decide if they are legally held

27
Q

Scott v. Sanford (1857)

A

Congress had no authority to ban slavery in a territory. A slave was considered a piece of property

28
Q

Plessy v. Ferguson (1896)

A

Upheld separate but equal facilities for white and black people on railroad cars.

29
Q

Brown v. Board of education (1954)

A

Said separate public schools are inherently unequal thus starting racial desegregation

30
Q

Green v. County school board of new Kent county (1968)

A

Banned a freedom of choice plan for integrating schools, suggested blacks and whites must attend racially mixed schools

31
Q

Swann v. Charlotte-mecklenburg board of education (1971)

A

Approved busing and redrawing district lines as ways of integrating public schools

32
Q

Reed v. Reed (1971)

A

Gender discrimination violates the the equal protection clause of the constitution

33
Q

Craig v. Boren (1976)

A

Gender discrimination can be justified only if it serves “important governmental objectives” and is substantially related to those objectives

34
Q

Rostker v. Goldberg (1981)

A

Congress can draft men without drafting women

35
Q

United States v. Virginia (1996)

A

State may not finance an all male military school

36
Q

Griswold v. Connecticut (1965)

A

Found a “right to privacy” in the constitution that would ban any state law against selling contraceptives

37
Q

Roe v. Wade (1973)

A

State laws prohibiting abortion were unconstitutional

38
Q

Webster v. Reproductive health services (1989)

A

Allowed States to ban abortions from public hospitals and permitted doctors to test if fetuses were viable

39
Q

Planned parenthood v. Casey (1992)

A

Reaffirmed roe v. Wade but upheld certain limits on its use

40
Q

Gonzalez v. Carhart (2007)

A

Federal law may ban certain forms of partial birth abortion

41
Q

Regents of the university of California v. Bakke (1978)

A

In a confused set of rival opinions the decisive vote was cast by justice Powell who said that a quota like ban on bakkes administration was unconstitutional but that diversity was a legitimate goal that could be pursued by taking race into account

42
Q

United steelworkers v. Weber (1979)

A

Despite the ban on racial classification in the 1964 civil rights act, this case upheld the use of race in employment agreement between the steelworkers union and steel plant

43
Q

Richmond v. Croson (1989)

A

Affirmative action plans must be judged by the strict scrutiny standard that requires any race conscience plan to be narrowly tailored to serve a compelling interest

44
Q

Grutter v. Bollinger and gratz v. Bollinger (2003)

A

Numerical benefits cannot be used to admit minorities into college but race can be “plus factor” in making those decisions

45
Q

Parents v. Seattle school district (2007)

A

Race cannot be used to decide which students may attend especially popular high schools because this was not narrowly tailored to achieve a compelling goal

46
Q

Schuette v. Coalition to defend affirmative action (2004)

A

Public institutions of higher education may not give preference in admission based on race, sex, color, ethnicity or nationality

47
Q

Boy Scouts of America v. Dale (2000)

A

A private organization may ban gays from its membership

48
Q

Lawrence v. Texas (2003)

A

State law may not ban sexual relations between same sex partners

49
Q

United States v. Windsor (2013)

A

Gay couples married in states where same sex marriage is legal must receive the same federal health tax and other benefits that heterosexual married couples receive

50
Q

Obergefell v. Hodges

A

Same sex couples have a constitutional right to marry