CourtCases Flashcards
Citizens United v FEC 2010
Can corporations donate money for political purposes? Yes, Super PACS - 1st Amendment, freedom of speech
Engel v. Fitale 1962
School sponsored prayer in New York School - no more prayers, 1st Amendment, freedom of religion
Lemon v. Kurtzman 1971
Public schools donating to private religious schools - 1st Amendment, freedom of religion, establishment clause
Wisconsin v. Yoder 1972
Amish students forced to go to school past 14, violates 1st Amendment, free exercise clause
Texas v. Johnson 1989
Dude burnt flag and got arrested - violates 1st Amendment, freedom of speech and expression,
Schneck v. United States 1919
Dude was speaking out against WW1 and got arrested - doesn’t violate 1st Amendment, “clear and present danger”
Tinker v. Des Moines 1969
Students got in trouble and suspended for wearing black armbands to protest Vietnam war- school cannot restrict freedom of speech unless it’s distracting- violated 1st Amendment, freedom of speech and expression
West Virginia BOE v. Barnette 1943
Students got in trouble for not saying the pledge - violates 1st Amendment, freedom of speech
Morse v. Fredrick 2007
“Bong hits for Jesus” - schools can restrict your speech at a school sponsored event, 1st Amendment: free speech doctrine
Bether School District v. Fraser 1956
Student got suspended for inappropriate speech at school - school can restrict your speech if distracting; 1st Amendment: free speech doctrine
Hazelwood School District v. Kuhlmeir 1989
Girls printed school newspaper after being told by principal not to print it - you don’t have freedom of press at school; 1st Amendment freedom of press, school speech doctrine
New York Times v. United States 1971
NY Times published a paper after govt. told them not to - NY Times can post it as long as it isnt obtained illegally, putting anyone’s life in danger, and there’s a “heavy presumption against prior restraint - 1st Amendment, freedom of press
DC v. Heller 2008
DC Law required handguns to have a trigger lock and/or be disassembled, SCOTUS struck down this law - 2nd Amendment
Miranda v. Arizona 1966
Miranda wasn’t informed of his rights when arrested, if you aren’t informed of your rights your confession is inadmissible - 5th Amendment (“I plead the fifth”), 6th Amendment (Right to an attorney)
New Jersey v. TLO 1985
Dumbest highschool drug dealer ever - You don’t have the 4th Amendment in school
Escobedo v. Illinois 1964
Dude killed his brother-in-law but the police didn’t let him see his attorney during questioning - violation of 6th Amendment, after you have an attorney nothing you say is admissible in court
Gideon v. Wainwright 1963
Man was accused of robbery but couldn’t afford an attorney, violation of 6th Amendment
Mapp v. Ohio 1961
Little old lady and her illegal porn, but it was obtained illegally so the evidence couldn’t be used in court - violation against the 4th Amendment
Korematsu v. United States 1944
Japanese American internment during WW2 - violation of 14th Amendment, Equal Protection Clause
Plessy v. Furgison 1896
Dude got arrested off of a “whites only” train, 1/8th white - violation of the 14th Amendment, Equal Protection Clause
Scott v. Sandford 1857
owner brought slave to a slave free state and he sued, “Slaves are property, they have no rights” - 5th Amendment, due process
Roe v. Wade 1973
Texas law banned abortion, abortions are legal in the first trimester in all 50 states - 14th Amendment and the right to privacy
Brown v. BOE 1954
Lyndon Brown wanted to go to the white school down the street, over turned “Separate but equal” - 14th Amendment, equal protection clause
Brown v. BOE II 1955
Same as the og- school’s must integrate with all deliberate speed - 14th Amendment, equal protection clause
Swan v. Charlotte Mecklenburg BOE 1971
20 years after BOE, Charlotte schools were still segregated; money nor bussing are an excuse for not integrating schools - 14th Amendment, equal protection clause
University of California v. Bakke 1978
White dude didn’t get into med-school because of affirmative action, upheld affirmative action but ruled quotas at the university unconstitutional -14th Amendment, equal protection clause
Grutter v. Bolinger 2003
college acceptance, affirmative action? race and ethnicity can be a contributing but not a deciding factor of college acceptance - 14th Amendment, equal protection clause
Mcdonald v. Chicago
Similar to DC v Heller but it doesn’t matter, SCOTUS incorporated the 2nd amendment because of the 4th Amendment
Heart of Atlanta Motel v. Us
Motel was being racist (segregation, whites only) - civil rights act of 1964 was upheld, 14th Amendmen; equal protection clause, interstate commerce clause: Article I, Section 8
McColluch v. Maryland 1819
1-Can govt make a bank? Yes, implied powers
2-Can states tax the federal govt? Upheld, supremacy clause
1. Implied powers: Article I Section 8, necessary and proper clause
2. Supremacy clause, Article VI
USA v. Nixon 1974
Watergate Scandal tapes- executive privilege, what can/can’t the president keep private/secret? Executive Privilege doesn’t cover criminal investigations. Presidential powers articles II, executive privilege.
Marbury v. Madison 1803
Established Judicial Review- SCOTUS can strike down whatever they think is unconstitutional- Judicial branch, article III
Gibbons v. Ogden 1824
Grumpy old steam boat captain- federal or state licence is better? Federal is better- Supremacy Clause article VI
US v. Lopez 1995
Congress passed law to ban guns from all school zones everywhere- supreme court struck it down, schools aren’t related to interstate commerce - Article I, section 8, interstate commerce clause
Baker V. Carr 1962
TN didn’t redraw district lines in 60 yrs- SCOTUS made them redraw lines (1 man, 1 vote)- 14th Amendment, Equal Protection Clause
Shaw V. Reno 1993
NC drew mainly Black district- no racial gerrymandering- 14th Amendment, Equal Protection Clause
Bush V. Gore 2000
Closest presidential election ever, Al Gore kept demanding recounts- SCOTUS ordered no more recounts- Article II, Executive Branch
Obergerfel V. Hodges 2015
Ohio didn’t recognize same sex marriage, man’s husband died and couldn’t get the money, insurance that came with it- all 50 states must recognize same sex marriage- Full Faith and credit, articles IV, 14th Amendment, Equal Protection Clause
