Abington SD v Schempp,
declared school sponsored Bible reading in public schools in the United States to be unconstitutional [est. clause and schools]
Abrams v US, 1919
defendants were charged and convicted for inciting resistance to the war effort and for urging curtailment of production of essential war material. They were sentenced to 20 years in prison. The Supreme Court ruled 7-2 that the Act did not violate civil r
Bowen v. Kendrick
Religious organization can obtain federal grants to help solve societal problems [exception to lemon v. kurtzman]
Brandenburg v Ohio, 1969
states not allowed to prevent or punish inflammatory speech unless it will lead to imminent lawless action [free speech]
Cantwell v Connecticut
incorporation (free exercise)
Dennis v US, 1951
fed can limit speech that doesn't lead to action (upholding Smith Act, which made it a crime to support any communist organization)
Gideon v Wainwright, 1963
If a defendant cannot afford an attorney the state must provide one. Incorporated the 6th amendment.
Gitlow v NY, 1925
Bad Tendency Doctrine," speech restricted if it has tendency to lead to illegal actions; selectively incorporated freedom of speech to states
Griswold v Connecticut, 1965
Identified an implied right to privacy in the U.S. Constitution using the 1st, 3rd, 4th, 5th, and 9th amendment. Hint: This case involved birth control and married couples... relate this somehow to the Griswold family vacation movies?
Heller vs. DC, 2008
The Supreme Court said that the Second Amendment protects a pre-existing, private, individually-held right, to keep arms and to bear arms, without regard to a person's relationship to a militia.
Lee v Weisman
public schools may not have clergy lead prayers at graduation ceremonies [est. clause and schools]
Lemon v. Kurtzman
Law must be clearly secular, not prohibiting or inhibiting religion, and there should be no excessive entanglement
Lukumi Babalu Aye v City of Hialeah
The Supreme Court, however, held that the ordinances were neither neutral nor generally applicable: rather, they applied exclusively to the church. Because the law was targeted at Santer�a, the Court held, it was not subject to an undemanding rational bas
Mapp v Ohio
a landmark case in the area of U.S. criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment protection against "unreasonable searches and seizures" may not be used in criminal prosec
Miranda v Arizona, 1966
all defendants must be informed of legal rights before they are arrested [5th]
Oregon v Smith
peyote smoking member of native american church denied unemployment compensation [Free exercise]
Religious Freedom Restoration Act, 1993
Law aimed at preventing laws which substantially burden a person's free exercise of their religion. Also, attempted to reign in the Courts' decisions against religious practices.
Reynolds v US
Man claimed that the court should not find him guilty of polygamy since it was his religious duty. The court disagreed. [Free exercise]
Schenck v US, 1919
concluded that a defendant did not have a First Amendment right to free speech against the draft during World War I. Charles Schenck was the Secretary of the Socialist party and was responsible for printing, distributing, and mailing 15,000 leaflets to me
Sherbert v Verner
a case in which the Supreme Court of the United States held that the Free Exercise Clause of the First Amendment required that government demonstrate a compelling government interest before denying unemployment compensation to someone who was fired becaus
Smith Act 1940
illegal to discuss overthrowing the government [free speech]
Symbolic Speech
nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
Texas v Johnson, 1989
you can burn the flag [symbolic speech]
Tinker v Des Moines ISD, 1969
The arm band in schools case; First Amendment applied to public schools, and that administrators would have to demonstrate constitutionally valid reasons for any specific regulation of speech in the classroom. [symbolic speech]
US v O'Brien, 1969
(no burning draft card) [symbolic speech]
Welsh v US
This decision expanded the types of beliefs that can be used to get conscientious objector status. The depth and fervency of the beliefs, rather than their status as part of an established religious system, became fundamental to determining which views co
Wisconsin v Yoder
free exercise of religion not violation of compulsory attendance laws; Amish children do not have to go to school until they are 16---they may stop after the 8th grade
Yates v US, 1957
Ruled that the First Amendment protected radical and revolutionary speech, unless it posed a "clear and present danger". (overt action required) [Free Speech]
An act that conveys a political message is called what?
symbolic speech
The Bill of Rights was added to the U.S. Constitution at the insistence of whom?
the states
. The Court arguably protected freedom of religion at the risk of establishing it when they decided what?
the amish
The First Amendment states that Congress shall make no law prohibiting the "free exercise" of religion. It may, however, do what?
it may require everyone to get shots
The historical source for the phrase "wall of separation" between church and the state is what?
Thomas Jeffereson
. The possibility that the Bill of Rights might restrict some state actions came about with the adoption of what?
14th admendement
The Supreme Court first suggested that basic liberties might be applied to the states in what case?
Gitlow vs. New York
The Supreme Court's ruling in Roe v. Wade gave women the unrestricted right to abortions in what trimester(s)?
first
The two clauses of the First Amendment that deal with religion are what?
free exercise and establishment
The two freedoms covered in the First Amendment are what?
free speech and religion
What acts of symbolic speech are protected by the First Amendment?
political speech
What are the six guarantees of the First Amendment?
speech, press, assembly and petition
What did the Supreme Court hold in the case of Texas v. Johnson?
burn American Flag
What did the Supreme Court rule that schools could and could not do in the Bakke decision?
cannot use racial quotas
What did the Supremes decide in "the New Jersey school bus case?
its ok to pay peroquial school students if busing public school students
What did the Supremes decide in Mapp v. Ohio?
exclusionary rule
What does someone have to prove in order to win a lawsuit for defamation of character?
damages, reckless disregard for truth
A name used to describe laws that officially sanctioned racial discrimination is what?
Jim Crow Laws
A state cannot apply a license fee on Jehovah's Witnesses who solicit door to door. This is in keeping with what clause of the First Amendment?
Free Exercise
Burning a flag is protected by the First Amendment whereas burning a draft card is not. The difference between these two acts is what?
overiding governmental interest
Since 1992, a member of clergy's offering a prayer or an invocation at a public school graduation ceremony is what?
unconstitutional
jurisdiction
a court's authority to hear and decide cases
judicial review
the power of the Supreme Court to say whether any federal, state or local law or government action goes against the Constitution
14th amendment
gives blacks u.s. citizenship and applies due process and equal protection to states
Brown v. Board of Education (brown II)
declared that public school officials could use all deliberate speed to comply with the courts 1954 ruling
Brown v. Board of Education of Topeka
held that separate but equal doctrine violates 14th amendments equal protection clause as applied to taxpayer supported public schools
Cooper v. Aaron
reaffirms Brown v. Board outlawing separate but equal. Cooper also reasserted that the U.S supremacy clause declared that a federal judges ruling could not be ignored/overruled by a governor of a state
Craig v. Boren
held liquor laws must require same age for men/women
Gratz v. Bollinger
overturns University of Michigan's admission program with quotas
Griffin v. School board of Prince Edward County
held government cannot close public schools to stop integration because the 14th amendment guarantees equal protection
Grutter v. Bollinger
upholds University of Michigan's law school admissions program
Harris v. Forklift systems
outlaws sexual harassment in the workplace
Heart of Atlanta Motel v. U.S.
Upheld the 1964 Civil Rights Act; commerce clause of racial discrimination hurts U.S. business
Henderson v. U.S. Interstate Commerce Commission
held the 14th amendments equal protection clause requires all riders on federally regulated trains be treated equally
Lawrence v. Texas
overturns bowers v. hardwick and all sodomy laws
Loving v. Virginia
outlawed 17 states prohibiting inter-racial marriage as a violation of the 14th amendments equal protection clause
Mclaurin v. Oklahoma state regents
held the 14th amendment equal protection clause prohibits states from providing substantially equal accommodations that are separate
Olmstead v. L.C.
upholds designation of special accommodations for the disabled
Plessy v. Ferguson
Upholds Jim crow laws, establishes separate but equal legal doctrine that lasts for 58 years
Powell v. Alabama
held the 14th amendment, defendant must be given counsel
Regents of U.C. Davis v. Bakke
held affirmative action legal but not quotas
Romer v. Evans
declares a state cannot discriminate against an identified group
Scott v. Sandford
declares the compromise of 1820 was wrong to outlaw the spread of slavery
Shelley v. Kramer
holds the 14th amendment denies states legal power to enforce private restrictive housing covenants that deny equal protection to all persons of color
Sweatt v. Painter
held that separate law schools for whites and blacks violates the 14th amendment equal protection clause
Stare decisis
Guiding principle whereby a court is bound by prior cases
doctrinalism
previous interpretations
prudentialism
using cost-benefit analysis
Due Process Clause
A clause to the Fifth and Fourteenth Amendments that says no person shall be deprived of "life, liberty or property" without due process of the law.
Equal Protection Clause
part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws".[
Due Process Clause
A clause to the Fifth and Fourteenth Amendments that says no person shall be deprived of "life, liberty or property" without due process of the law.
Palko v. Connecticut (1937)
Provided test for determining which parts of Bill of Rights should be federalized - those which are implicitly or explicitly necessary for liberty to exist.
US v. Carolene Products
Footnote: a higher more rigorous standard for the Bill of Rights or equal protection for "discrete and insular minorities".
Strict Scrutiny
The law will be upheld if it is necessary to achieve a compelling governmental purpose
Rational Basis
The law will be upheld if it is rationally related to a legitimate governmental purpose
free exercise clause
First Amendment requirement that law cannot prevent free exercise of religion.
establishment clause
First Amendment ban on laws "respecting an establishment of religion.
Sherbert v. Verner
7th day Adventist/can't discriminate against religion and she gets unemployment benefits
Strict Scrutiny
The law will be upheld if it is necessary to achieve a compelling governmental purpose
Chaplinsky v. New Hampshire (1942)
Obscenity and fighting words are not protected by 1st amendment freedom of speech
Lochner v. New York
overturns new york law setting 8 hr maximum working hours for bakery workers- 1905
Planned Parenthood v. Casey Abortion
undue burden" test. Only the requirement to tell husband was undue; everything else passed.
Bolling v. Sharpe (1954)
D.C. school desegregation case. Struck down, but found in Fifth Amendment due process clause rather than Equal protection because EP only applies to the states.
Milliken v. Bradley (1974)
Struck down Detroit desegregation plan involving the metro area. Cannot move outside of school districts unless under judicial supervision for desegregation. Housing a result of private choice. Killed attempts a deseg in Northern cities.
Indian Civil Rights Act of 1968
Offered Indians all of the rights in the Constitution as well as recognizing the legality of tribal laws within reservations