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Chapter 4-Supreme Court Cases
Government in America 14th Edition
23
Other
12th Grade
11/02/2011

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Term
Barron v. Baltimore
Definition
The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.
Term
Gitlow v. New York
Definition
The 1926 Supreme Court decision holding that freedoms of press and speech were "fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states" as well as by the federal government. Compare Barron v. Baltimore.
Term
Lemon v. Kurtzman
Definition
The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion.
Term
Zelman v. Simmons-Harris
Definition
The 2002 Supreme Court decision that upheld a state providing families with vouchers that could be used to pay for tuition at religious schools.
Term
Engel v. Vitale
Definition
The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.
Term
School District of Abington Township, Pennsylvania v. Schupp
Definition
A 1963 ruling holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the First Amendment.
Term
Near v. Minnesota
Definition
The Supreme Court decision holding that the First Amendment protects newspapers from prior restraint.
Term
Schenck v. United States
Definition
A 1919 decision upholding the conviction of a social who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit the speech if the speech provokes a "clear and present danger" of substantive evils.
Term
Zurcher v. Stanford Daily
Definition
A 1978 Supreme Court decision holding that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press.
Term
Roth v. United States
Definition
A 1957 Supreme Court decision ruling that "obscenity" is not within the area of constitutionality protected speech or press.
Term
Miller v. California
Definition
A 1973 Supreme Court decision that avoided defining obscenity avoided defining obscenity by holding the community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value.
Term
New York Times v. Sullivan
Definition
Decided in 1964, this case established the guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, the individuals must prove that for the defamatory statements were made with "actual malice" and reckless disregard for the truth.
Term
Texas v. Johnson
Definition
A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.
Term
Miami Herald Publishing Company v. Tornillo
Definition
A 1974 case in which the Supreme Court held that a state could not force a newspaper to print replies from candidates it had criticized, illustrating the limited powers of government to restrict the media.
Term
Red Lion Broadcasting Company v. Federal Communications Commission
Definition
A 1969 case in which the Supreme Court upheld restrictions on radio and television broadcasting. These restrictions on the broadcast media are much tighter than those of print media are only a limited number of broadcasting frequencies available.
Term
NAACP v. Alabama
Definition
The Supreme Court protected the right to assemble peaceably in this 1958 case when it decided the NAACP did not have to reveal its membership list and that subject its members to harassment.
Term
Mapp v. Ohio
Definition
The 1961 Supreme Court decision ruling that the Fourth Amendment's protection against unreasonable search and seizures must be extended to the states as well as to the federal government.
Term
Miranda v. Arizona
Definition
The 1966 Supreme Court decision that sets guidelines for police question of accused persons to protect them against self-incrimination and to protect their right to counsel.
Term
Gibbons v. Wainwright
Definition
The 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed, however poor he or she might be, has a right to a lawyer. See also Sixth Amendment.
Term
Gregg v. Georgia
Definition
The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating, "It is an extreme sanction, suitable to the most extreme of crimes." The court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment.
Term
McCleskey v. Kemp
Definition
The 1987 Supreme Court decision that upheld the constitutionality of the death penalty against charges that it violated the Fourteenth Amendment because minority defendants were more likely to receive the death penalty than were white defendants
Term
Roe v. Wade
Definition
The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester, permitted states to limit abortions to protect the mother's health in the second trimester of pregnancy, and permitted states to protect the mother's health in the third trimester.
Term
Planned Pregnancy v. Casey
Definition
A 1992 case in which the Supreme Court loosened its restrictions on abortion from one of "strict scrutiny" of any restraints to on a "fundamental right" to one of "undue burden. That permits considerably more regulation.
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