Reynolds v. United States

(1879)

Polygamy

George Reynolds was a Mormon who had 2 wives and was convicted of polygamy

-Arrest and conviction was constitutional

-Not free to worship in ways that violate the laws protecting the health, safety

West Virginia State Board of Education v. Barnette

(1943)

WV required students to salute the flag and recite the Pledge of Allegiance 

Jehovah's witnesses appealed Gobitis

-Law was unconstitutional

-Reversed Gobitis

-Could make people stand out of respect

Employment Division of Oregon v. Smith

(1990)

Two Native Americans who worked for a private drug rehabilitation organization were fired for ingesting peyote for part of religious service

denied unemployment benefits

-Court ruled that you can practice your religion as long as it doesn't violate the law

Church of Lukumi Babalu Aye v. City of Hialeah

(1993)

Animal Sacrafice

Church leaded land and planned to build a church, school, and cultural center to practice santeria - which included animal sacrafice

City passed several ordinances prohibiting animal sacrafice

Ordinances were unconstitutional

Engel v. Vitale

(1962)

New York created a non-denomination prayer it urged school to use

-Unconstitutional

McCollum v. Board of Education

(1948)

Religious teachers came to school once a week and gave instruction to those students who desired it

-Unconstitutional

• Because school rooms were being used for religious purposes

Edwards v. Aguillard

(1987)

State law which required teaching the Bible's account of creation with evolution as an alternative POV

-Unconstitutional

Lemon v. Kurtzman

(1971)

Aid to Parochial Schools

state supplements to the salary of Catholic School teachers

-Unconstitutional

Lemon test

• have a nonreligious purpose
• main effect neither advance nor hinder religion
• Avoids "excessive government entanglement with religion

Schenk v. U.S.

(1919)

During World War I, Schenk handed out pamphlets that urged people to fight the draft

-Arrest was constitutional

-Clear and Present Danger Test--speech may be limited when it poses an immediate danger

United States v. O'Brien

(1968)

Burning a draft card in protest

-Arrest was constitutional, not protected symbolic speech

Three Part Test

• Falls within constitutional power of government
• Narrowly drawn
• Other form of symbolic speech

Tinker v. Des Moines Independent Community School District

(1969)

Students suspended for wearing black armbands in protest of Vietnam Conflict

-Suspension was unconstitutional

-Did not disrupt school day/activities

Texas v. Johnson

(1989)

Burning a flag in protest

-Protected speech

Chaplinsky v. New Hampshire

(1942)

Cursing in public

Arrested for breach of peace

-not protected speech : "fighting words"

words are meant to inflict an injury or incite violence

New York Times v. Sullivan

(1964)

Ad in NYT against Montgomery police - claimed racist

-1st Amendment protects publications of statements-even false ones-about public officials

-Must show actual malice

Miller v. California

(1973)

Distributing pornography across state lines

Miller Test

1. Average person applying contemporary community standards finds it obscene.
2. Depicts/describes in a patently offensive way sexual conduct defined by law
3. Work taken as a whole lacks serious literary, artistic, scientific, or political value

Restricting dirty words on television and radio

-Can restrict words on television and radio

Near v. Minnesota

(1931)

Near published article calling local officials gangsters.

Stopped from publishing with Minnesota's gag law.

-Ruled unconstitutional

Hazelwood School District v. Kuhlmeier

(1988)

Principal deleted articles from school newspaper he felt were inappropriate.

-Did not violate the constitution

-Schools action must be legally related

Morse v. Frederick

(2007)

At school function, student holds up banner "Bong Hits 4 Jesus"

-School may prohibit speech that would promote illegal drug use

DeJonge v. Oregon

(1937)

Convicted of conducting a Communist Party Meeting

-Conviction was unconstitutional

Cox v. New Hampshire

(1941)

Jehovah's Witnesses arrested for marching on sidewalk without permit

-Constitutional

Lloyd Corporation v. Tanner

(1972)

Group arrested for protesting the Vietnam War in a shopping mall.

-Constitutional because a mall is private property--even though it is open to the public

NAACP v. Alabama

(1968)

Alabama wants list of members of NAACP

-Court ruled that they have Constitutional right to join groups without being forced to hand over list of members

Boy Scouts of America v. Dale

(2000)

Boy Scout leader thrown out for being a homosexual.

-Court ruled ok to kick him out

Griswold v. Conneticut

(1965)

Can a state outlaw birth control counseling and the sale of birth control devices?

-NO! Law is unconstitutional

-14th Amendment's Due Process clause creates a right to privacy

Roe v. Wade

(1973)

Can a state limit a woman's right to an abortion?

-In the this case the Court held the 14th Amendments "due process" and "right to privacy"

During 1st Trimester, state cannot limit women's right to abortion

2 & 3 Trimester - state can limit abortion

Mapp v. Ohio

(1961)

Can police use evidence they didn't have a warrant for?

-Exclusionary rule applies to STATES!

-No they can't

Nix v. Williams

(1984)

Evidence found by mistake

(Police searched wrong apartment)

-Tainted evidence may be used against a person if it was inevitable that the evidence would have been eventually found by lawful means

New Jersey v. TLO

(1985)

Student was suspected of smoking in the bathroom and school administrator searched her purse without a warrant.

Drugs found in purse.

-School asked with reasonable suspicion and, therefore, did not need a warrant

Miranda v. Arizona

(1966)

Does the police practice of interrogating individuals without notifying them of the rights to counsel and their protection against self-incrimination violate the 5th Amendment?

-YES! 

Before a suspect may be questioned that suspect may be read their rights

Gideon v. Wainwright

(1963)

Accused of robbery in Florida, denied an attorney because it wasn't a capital offense

-If you could not afford an attorney, one will be provided for you

Man repeatedly asked to see his lawyer during intense questioning but was denied.

-Rights were violated

Furman v. Georgia

(1972)

Gregg v. Georgia

(1976)