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11 Cards in this Set

  • Front
  • Back
Gitlow vs. New York (1925)
constitutional issue: due process clause in 14th Amendment; decision: freedoms of speech and press are protected by the due process clause of the 14th Amendment
Everson vs. Board of Education of Ewing Township (1947)
constitutional issue: how to apply the establishment clause; decision: establishment clause creates a wall of separation between church and state and that it prohibits any law or governmental action that is specifically designed to benefit any religion, even if all religions are treated the same
Lemon vs. Kurtzman (1971)
constitutional issue: separation of church and state; decision: laid down a three part test to determine establishment clause 1. a law must have a secular legislative purpose, 2. a law must neither advance nor inhibit religion, 3. it must avoid 'excessive governmental entanglement with religion'
Elk Grove Unified School District vs. Newdow (2004)
constitutional issue: "under God" in Pledge of Allegiance; decision: none made because Newdow wasn't granted standing because he wasn't his daughter's legal guardian
Zelman vs. Simmons-Harris
constitutional issue: voucher programs; decision: Ohio's program to give families $2,250 per kid to get them out of the failing inner-city Cleveland public schools
Employment Division vs. Smith (1990)
constitutional issue: free exercise of religion; decision: as long as a law is generally applicable and does not single out and ban religious practices, the law may be applied to conduct even if it burdens a particular religious practice
Schenck vs. United States (1919)
constitutional issue: freedom of speech; decision: clear and present danger test arose (freedom of speech can be limited if there is a clear and present danger "Fire!" in a crowded theater)
NY Times vs. Sullivan (1964)
constitutional issue: seditious libel; decision: court declared seditious libel unconstitutional and it also established guidelines for libel cases and severely limited state power to award monetary damages in libel suits brought by public officials against critics of official conduct (officials have to prove actual malice)
Miller vs. California (1973)
constitutional issue: obscenity; decision: a work may be considered legally obscene if the average person would find it offensive and it displays in a patently offensive sexual conduct and it lacks serious literary, artistic, political, or scientific value
United States vs. Playboy Entertainment Group (2000)
constitutional issue: freedom of press in cable television; decision: cable TV does not have to provide kids' programs since homeowners can block unwanted programs
Reno vs. ACLU (1997)
constitutional issue: Communications Decency Act of 1996; decision: unconstitutional since it abridged 1st amendment