Supreme Court Cases Flashcards
busing of parochial school students on public school buses does NOT violate the Establishment Clause
EVERSON v. BD
school-sponsored non-denominational prayer in public schools is a violation of the Establishment Clause
ENGLE v. VITALE
Bible reading by public school teachers to students violates Establishment Clause
ABINGTON v. SCHEMPP
Lemon Test: have clear secular purpose, neither inhibit nor adv a particular religion, not create an “excessive entanglement” w/ religion
LEMON v. KURTZMAN
Clear & Present Danger Test: speech can be regulated when it presents danger to speaker and audience
SCHENK v. US
violated student’s 1st rights when wearing peace protesting bands/Preferred Position Doctrine: 1st freedoms are fundamental and any law regulating them is unconstitutional
TINKER v. DES MOINES
Fighting Words Exception: if your words may start a riot/disturbance among the ppl, they’re not protected
CHAPLINSKY v. NEW HAMPSHIRE
“Fuck the draft!”/ can’t be guilty of underlying msg if they don’t do anything wrong/if you’re not intending to start a riot, you’re free to express yourself
COHEN v. CA
student speech can be regulated when it constitutes a “disruption of the educational process”
BETHEL v. FRASER
“Bong hits for Jesus”/ student’s speech can be regulated off school grounds if it is contrary to the schools policy
MORSE v. FREDERICK
flag burning is protected under 1st
TEXAS v. JOHNSON
cross-burning protected speech under 1st
VIRGINIA v. BLACK
obscenity defined according to community standards rather than national
MILLER v. CA
first ruling on the regulation of materials distributed via Internet/challenged overly broad CDA and for violating 1st
RENO v. ACLU
child pornograpghy/CPPA overbroad in definition and not consistent with Miller & Ferber
ASHCROFT v. FREE SPEECH COALITION
polygamy/rational basis test: govt can’t regulate religiously-motivated conduct unless it proves basis for doing so
REYNOLDS v. US
incorporated 1st Free Exercise Clause to states through 14th
CONTWELL v. CONNECTICUT
state law mandating school attendance to age 16 unduly burdened Amish practice of religion as it forced them to be exposed to “wordly influences” which impinged upon their religious practices
WISCONSIN v. YODER
Free Exercise Clause allows govt to not exempt sacramental peyote use and thus deny unemployment benefits
EMPLOYMENT DIVISION v. SMITH
ordinances which appear neutral that burden religious sacrifices/practice are unconstitutional/govt would need to demonstrate “compelling interest” in passing this law
CHURCH OF THE LUKUNI BABALU AYE v. CITY OF HIALEAH
enabling legislation to reform use of eminent domain (FL, GA, SD, PA)
BACKLASH OF KELO
TV news can broadcast names listed on public indictments
COX BROADCASTING v. COHN
names of those who sign public petitions can be published
JOHN DOE #1 v. REED
judges can bar the press
SHEPPARD v. MAXWELL
confiscated materials are protected by 4th and are illegally obtained (no warrant for that particular material)/Exclusionary Rule: evidence obtained in absence of warrant is inadmissible in criminal proceedings
MAPP v. OHIO
Good Faith Exception/ evidence obtained w a warrant that was improperly issued is admissible as long as officers were acting in good faith
US v. LEON