Court Cases - Ch. 19

Question 1

• communist charged/ convicted of criminal anarchy
• conviction upheld but S.C. Applied q4th amendment due process to 1st amendment (selective incorporation) for future cases

Answer 1

Gitlow v New York

Question 2

Supreme Court struck down NY state board of regents approved prayer for schools (Establishment Clause)
Even applies when offered on voluntary basis

Answer 2

Engel v Vitale

Question 3

Moment of silence ruled unconstitutional due to “meditation or voluntary prayer” statement

Answer 3

Wallace v Jaffree

Question 4

Equal Access Act of 1984 ruled constitutional
Student formed Christian clubs allowed by courts
School required to allow use of facilities

Answer 4

Westside Community Schools v Mergens

Question 5

Supreme Court struck down PA law providing reimbursements to price schools for teacher salaries, textbooks, materials in non-religious courses
Court ruled it directly benefitted parochial schools and required entanglement with religion. Lemon Test created. Establishment clause.

Answer 5

Lemon v Kurtzman

Question 6

Florida outlaws animal sacrifices as part of church service

Law intended for certain religious group so struck down by Supreme Court

Answer 6

Lukumi Babalu Aye v City of Hialeah

Question 7

Requirement to salute flag in school. Gobitis children were expelled when refused.
Court said not infringement but lawful promotion of patriotism and unity

Answer 7

Minersville v Gobitis

Question 8

Overturned Gobitis decision; S.C held compulsory flag saluting was unconst.

Answer 8

West VA BOE v Barnette

Question 9

Got rid of “Clear and Present Danger Test” and replaced it w/ Imminent Lawless Action
Gave citizens protection in speech
Court ruled the advocation for lawless action in a way that is likely to produce action can be punished

Answer 9

Brandenburg v Ohio

Question 10

Upheld Espionage act of 1917; no free speech during wartime; clear and present danger test; replaced by imminent lawless action test

Answer 10

Schenck v United States

Question 11

Overturned the Dennis decision; used Clear and Present Danger Test but ruled that there was a difference between encouraging action and belief; limited the scope of smith act (made it worthless)

Answer 11

Yates v United States

Question 12

Scouts recognized right of a free press to publish the pentagon papers in spite of claims that they threatened national security by Nixon; court ruled that 1st amendment was superior to most claims by govt

Answer 12

New York Times v United States

Question 13

School newspaper was not guaranteed the same level of 1st amendment protections as one created mainly for student expression (not a “public forum”)

Answer 13

Hazelwood v Kuhlmeier

Question 14

Ruling on the communication decency act of 1996; words “indecent” and “patently offensive” were too vague and denied adults access to protected materials

Answer 14

Reno v American Civil Liberties Union

Question 15

Applied 1st amend protections to students in public schools; the wearing of armbands was not disruptive enough to warrant prohibition (the Tinker test)

Answer 15

Tinker v Des Moines

Question 16

Court struck down law prohibiting desecration of American Flags; flag burning is protected speech; application of 1at amendment to non-soeech expression (informed by Tinker)

Answer 16

Texas v Johnson

Question 17

Court overturn convictions of Gregory on a basis of:
Denial of due process no evindent to support disorderly conduct charges
They were convicted for demonstrating, not disobeying police orders
They were convicted for engaging in protected acts
Court also pointed out that Gregory had been arrested based on the actions of bystanders

Answer 17

Gregory v Chicago

Question 18

Right of associationto allowing a private org. to exclude people that are not in line with group’s public/private viewpoints (expressive activity)

Answer 18

Boy Scouts of America v Dale