Term
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Definition
Establishment Clause Case
22 word prayer written by the Board Of Regents of NY
Supreme Court declared prayer unconstitutional |
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Term
| Abington School District v. Schempp (1963) |
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Definition
Establishment Clause Case
Reading bible passage on the loudspeaker; declared unconstitutional |
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Term
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Definition
Establishment Clause Case
Public school posted 10 Commandments, but didn't require students to read them
Commandments were taken down. However, civil laws (don't kill, don't steal, etc) may stay |
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Term
| Wallace v. Jaffree (1985) |
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Definition
Establishment Clause Case
AL passed a 1 minute long "moment of silence" every morning
This suggested prayer and was removed |
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Term
| Santa Fe Independent School District v. Doe (2000) |
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Definition
Establishment Clause Case
Student-led prayer at high school football games held on school grounds (gov't property). Not allowed.
If a neighbor amplifies prayer, it's acceptable |
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Term
| West Virginia Board of Education v. Barnette (1943) |
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Definition
Free Excerise Case
To promote patriotism, WV made reciting the Pledge of Allegiance mandatory in public school.
Barnette children were Jehovah's Witnesses. Exodus 20:45 states that the Pledge is almost idolizing the flag.
***Patriotism only means something if it's voluntary*** |
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Term
| Bunn v. North Carolina (1949) |
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Definition
Free Excerise Case
Can a religion use poisinous snakes to initiate members?
Declared dangerous and not allowed |
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Term
| Goldman v. Weinberger (1986) |
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Definition
Free Excerise Case
Goldman, an Orthodox Jew, wears a yarmulke while on duty & uniformed as officer in Air Force.
Supreme Court decided it's not allowed. |
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Term
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Definition
Free Excerise Case
Peyote, "the divine cactus".
Considered an illegal drug. |
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Term
| Lukums Babalu Aya v. City of Hialeah (1993) |
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Definition
Free Excerise Case
Santeria, sacrificing animals is only sometimes permissible. Used the killing of a lobster in their defense. |
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Term
| Shenck v. United States (1919) WWI |
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Definition
Free Speech Case
Shenck prints 15K leaflets to men telling them to resist the draft; he's then convicted of violating the Espionage Act of 1917 (obstructs war effort)
Justice Oliver Wendell Holmes said you can't yell "FIRE!" in a crowded theatre. |
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Term
| Tinker v. Des Moines School District (1969) |
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Definition
Free Speech Case
Marybeth Tinker suspended for refusing to remove black armband worn to speak out against Vietnam War
Tinker is winner; you don't leave your rights at the gate at public school |
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Term
| Miller v. California (1973) |
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Definition
Free Speech Case
Supreme Court establishes a 3-part test for obscenity. Ultimately, the age of persons involved determines obscenity. |
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Term
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Definition
Free Speech Case
Greg Johnson arrested for burning US flag to protest against Reagan at convention.
Supreme Court says that burning flag is protected by 1st Amendment. |
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Term
| City of Eerie v. Pap's A&M (2000) |
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Definition
Free Speech Case
Nude dancing is banned by a law. |
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Term
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Definition
Free Speech Case
Burning of the cross is prohibited if meant to intimidate others.
Burning of the cross is protected by 1st Amendments for political expression. |
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Term
| The Trial of John Peter Zenger (1733) |
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Definition
Freedom of the Press Case
JPZ began a newspaper in NY opposing the new governor.
Governor accuses Zenger of libel, however, the newspaper had facts. The truth cannot be sued. |
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Term
| NY Times v. Sullivan (1964) |
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Definition
Freedom of Press Case
L.B. Sullivan (The City of Montgomory Commissioner) suing a newspaper for Libel.
News Article about MLK - Errors in it.
Alabama State
Supreme C. ruled that public offical must show that a newspaper was not only wrong , and damaging, but that they acted with MALICE. |
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Term
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Definition
Freedom of Press Case
"Pentagon Papers Case"- Daniel Ellsburg.
Stole the Pentagon papers about the Vietnam war and gave them to the NYT.
Supreme C. reminded gov. that it was a history thats already known to the enemy. It was no Threat to National Security |
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Term
| Hazelwood School District V. Kuhlmeier (1988) |
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Definition
Freedom of Press Case
High School newspaper didn't allow for two stories in newspaper
- Experience of Pregnant teen girl
- Divorce
Girl loses ='( |
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Term
| Gideon v. Wainwright (1963) |
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Definition
Due Process of Law Case
Accused of stealing. Cannot afford a lawyer, so he was denied one.
S.C. says that the states must provide him with a lawyer if he cannot afford one. |
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Term
| Rochin v. California (1952) |
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Definition
Procedural Due Process of Law Case
Cali cops get search warrant for drugs.
Rochin swallows the pills - cops pump his stomach.
"...Shocks the conscience" - cops can search house, not body |
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Term
| Pierce v. Society of Sisters (1925) |
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Definition
Substantive Due Process of Law
Oregon adopted a school-attendance law requiring students between 8-16 to attend PUBLIC school. (They didnt want them going to parochial schools.)
The S.C. didnt find that Oregon acted uniformly |
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Term
| Griswold v. Connecticut (1965) |
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Definition
Right to Privacy
CT outlawed birth-control counseling and devices.
Estella Griswold convicted of teaching about BC, and fined.
State law was violating 14th Amend. - State had no business in what happens in marital bedroom. |
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Term
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Definition
Right to Privacy
Case that outlawed a State to declare abortion illegal. Abortion is now legal for the first two trimesters of pregnancy. |
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Term
| Weeks v. United States (1914) |
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Definition
Exclusionary Rule
Evidence obtained unreasonably by federal authority cannot be used in against you in federal court. |
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Term
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Definition
Exclusionary Rule Case
This rule now applies to states: evidence obtained unreasonably cannot be used against you in state court. |
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Term
| Olmstead v. United States (1928) |
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Definition
4th Amendment Case
Olmstead is suspected bootlegger. Feds tapped his phone line without a warrant. There was no government entrance into his residence, so the conviction was held. |
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Term
| Katz v. United States (1967) |
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Definition
4th Amendment Case
Katz is suspected gambler. A public phone was tapped from outside the booth. Katz convicted, but then appeals.
***Supreme Court reverses its thinking in Olmstead and decided that the 4th entitled Katz to a private call. |
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Term
| Miranda v. Arizona (1966) |
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Definition
Ernesto Miranda rapes a teen. No lawyer present at interrogation and he wasn't told of the 5th Amendment.
AZ argued that Miranda wasn't denied anything. Cops must now recite Miranda Warning before interrogation. |
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Term
| Dred Scott v. Sandford (1857) |
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Definition
Civil Rights Case
Chief Justic Roger B. Taney ("Tawny"):
-Scott is still a slave, despite crossing into free soil
-Slaves are property
-Blacks are not citizens of the US because Constitution was written by whites for whites |
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Term
| Plessy v. Ferguson (1896) |
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Definition
Civil Rights Case
Homer Plessy is jailed for riding Whites Only section of train. He appeals with the Separate But Equal Doctrine (14th), but is denied.
***Supreme Court now accepts segregation! :( |
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Term
Brown v. Board of Education of Topeka, Kansas (1954)*
*Aka "The Supreme Court Case of 1954" |
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Definition
Civil Rights Case
Supreme Court decision (9-0) says segregation in public school is a violation of the 14th Amendment
***This case reverses the decision in Plessy v. Ferguson! No more segregation in public schools |
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Term
| Regents of the University of California v. Bakke (1978) |
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Definition
Affirmative Action Case (gov't)
16/100 seats at med school were set aside for minorities
Bakke's scores were higher than the minorities that were accepted. This is reverse discrimination.
(5-4)vote Bakke is admitted to school
(5-4)Affirmative action legal, quotas are illegal |
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Term
| United Steelworkers v. Weber (1979) |
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Definition
Affirmative Action Case (private)
Brian Weber sues the United Steel Workers for violating the Civil Rights Act of 1964 |
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