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30 Cards in this Set

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Engel v. Vitale
Violation of the establishment clause for freedom of religion in the first amendment.

It established that public schools cannot practice religion--even nondenominational, voluntary prayer are unconstitutional
Abington School District v. Schempp
Est. that reading the Bible in school is not constitutional
Lemon v. Kurtzman
Can't fund religious aspects of private schools--it goes against separation of church and state. Established the lemon test for any legislation:
1. For secular purpose only
2. No limiting/supporting one religion
3. Government can't have "excessive entanglement."
Wallace v. Jaffre
Silent meditation at the beginning of the school day was declared unconstitutional--it was seen as promoting religion
Schenck v. US
Schenck protested draft with leaflets and was charged with conspiracy and obstructing the Espionage Act.
Court ruled his arrest constitutional, because of "clear and present danger."
Established that every action was dependant on a circumstance
Gitlow v. New York
Established that free-speech can be surpressed if it is potentially dangerous to national security. But one can advocate a position so long as no one acts on it.
Brandenburg v. Ohio
Syndicalism law prohibits violence or meeting with violent intentions. The court ruled that the state cannot violate freedom of speech if they cannot find 'evidence.'
Tinker v. DesMoines
Established that students' rights to symbolic speech is protected.
Texas v. Johnson
Est. that burning the flag is protected by the first amendment because "political protest" is considered symbolic speech.
NY Times v. US
Established that the government can't restrict free press.
Buckley v. Valeo (1976)
Congress set up restrictions for how much money can be contributed to a campaign. This enhances democracy by preventing corruption.
US v. Nixon (1974)
Established that executive priviledge protects the secrets of the country, but in certain circumstances can be limited
Miler v. California (1972)
Established the "miller test" to determine obscenity:
1. Without serious literary, artistic, political, or scientific value
2. Appealed to "purient interests"
3. Contained "patently offensive sexual contact"

*What constitutes obscenity was held up to the community's standards
Roth v. US (1957)
Established that obscenity is not protected by the first amendment.
Bethel v. Fraser (1976)
The first amendment doesn't protect high school students from being disciplined by the school for lewd speech because such speech goes against the "fundamental values of public school education."
Hazelwood school district v. Kuhlmeier (1988)
Established that high school newspapers aren't protected from "prior restraint"--they can be censored
Near v. Minnesota (1931)
The Court established that prior restraint is not allowed--within some restrictions, you can't censor the newspaper prior to its publication. Further, Minnesota's "gag law" violated the first amendment's provision of free press.
Reno v. ACLU (1997)
The Court ruled that "the provisions of the 1996 Communications Decency Act, which punished Internet providers for making pornographic material available over the internet, were unconstitutional because they were too vague."
Mapp v. Ohio (1961)
Established the "exclusionary rule" for states--that police can only obtain evidence with a legitimate search warrant, and other evidence found isn't admissible in the trial. Later this was modified by the plain view doctrine.
Katz v. United States (1967)
Est. that it was a violation of search and seizure to wiretap a public telephone.
"The Fourth Amendment protects people, not places," wrote Justice Potter Stewart for the Court.
New Jersey v. TLO (1985)
The court ruled that the 4th amendment, which prohibits "unreasonable searches and seizures" applies in schools. However, in this case it was not unreasonable because finding the rolling paper led to "reasonable suspicion" that there was marijuana--the continued search of TLO's purse was justified.
Griswold v. Connecticut (1965)
Court upheld privacy provision of the Fourth Amendment, saying that "individuals had the right to privacy in the area of of sexual relations"
Webster v. Reproductive Health Services (1989)
The courts ruled that MO's laws on abortion were not unconstitutional and didn't violate the equal protection clause of the 14th amendment or the right to privacy. "The Court held that the Due Process Clause did not require states to enter into the business of abortion, and did not create an affirmative right to governmental aid in the pursuit of constitutional rights."
Roe v. Wade (1973)
Used the concept of being "secure in their persons" the court said abortions are protected by the constitution.
Planned Parenthood v. Casey (1992)
Court upheld Penn law that required minors to wait 24 hours after getting parent approval to get an abortion, and struck down the provision that women had to get "informed spousal consent." Basically, the case upheld Roe v. Wade
Gonzales v. Carhart (2007)
"The Court ruled by a 5-4 vote that Congress's ban on partial-birth abortion was not unconstitutionally vague and did not impose an undue burden on the right to an abortion."
Gregg v. Georgia (1976)
Gregg claimed the death penalty was "cruel and unusual punishment" and thus violated the 8th and 14th amendment. The court did not agree.
Palko v. Connecticut
Established that protection against double jeopardy was not a fundamental right.
Plessy v. Ferguson (1896)
"Seperate but equal" segregation isn't necessarily unlawful discrimination. Established that segregation was within the limits of the constitution.
Brown v. Board of Education (1st and 2nd) (1954/1955)
Established that racial segragation in public schools is unconstitutional. Then, that implementation of the results of this case should be done "with all deliberate speed."