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37 Cards in this Set

  • Front
  • Back

Barron v Baltimore

The court ruled that the bill of rights only applied to national government.

Gitlow v new york

Nationalized the 14th amendment states must comply. The due proces clause forces the states to comply.

14th amendment

No state shall make a law that abridge the privileges or immunities of citezens in the US.

Establishment Clause

Congress cannot create a national religion.

Free exercise clause

We can worship as we please, no gov interference.

Lemon v Kurtsman

Supreme court came up with the LEMON TEST must have secular legislative purpose, not to further or inhibit religion in its purpose, not fester excessive gov.

Equal acess act

Public school cant prevent student worship meetings if other clubs are allowed.

Engle v Vital

No orginized prayer in school

SD Abbington township v Schmepp

Requiring bible worship in school was found unconstitutional

Zelmann v Simmons-Harris

Providing family with vouchers that could be used to pay tuition at religious schools.

Examples of Free exercise clause

Mohammad Ali refusing induction into the army because he was a black Muslim


Says people have the inviolable right to believe what they want


Amish people can take their kids out of school after 8th grade

Employment revision v Smith

Court discarded its previous requirements compelling interest before a gov could in directly limit or prohibit religion.

Prior restraint

Gov preventing material from being published limiting the press normally unconstitutional

Near v Minnesota

Says the first amendment protects the newspapers from prior restraint

Zurcher v Stanford Daily

Sided with the police not the newspapers

Roth v US

Obscenity is not a constitutionality protected right

NY times v Sullivan

That slander or libel only can be prosecuted if they were made with malice and reckless disregard for truth.

Miller v California

Did not define obscenity but left it to the states


-appealing to an interest in sex


-patently offensive sexual conduct


- lacking in literary, artistic, political out scientific value

Red lion broadcasting v FCC

Restrictions on broadcast media are much tighter than in print media

Collins v Smith

Neo nazis wanted to match through a Jewish neighborhood the town denied their permit, supreme court allowed them to protest

NAACP v Alabama

Supreme court protected the right to assemble they did not have to reveal the membership list like the state wanted in fear of harassment or death.

Mapp v Ohio

4th amendment protection against unreasonable search and seizure

Gregory v Georgia

1976 SC said that the death penalty was not cruel and unusual punishment

Gideon v Wainwright

Says that any one accused of a felony that would result in imprisonment is given a lawyer no matter how poor (6th amendment)

Miranda v Arizona

1966 set guidelines to protect against self incrimination and to protect their right to counsel

Planned parent hood v Casey

Loosened standards for evaluating restrictions on abortion

Roe v Wade

1973 saying state ban on abortion was unconstitutional through the first trimester of pregnancy

Miami Herald publishing company v Tornillo

A state could not force a newspaper to print replied front candidates of criticized, limiting power of gov to restrict print media

Schenck v US

1919 conviction of a socialist urging young men to resist the draft, gov can limit speech if the speech provokes a clear age present danger

Griswold v Connecticut

Created the right of privacy Through the 1 3 4 and 9 amendment

Dred Scott desicion

That all states were opened up to slavery northerners could not keep slavery out off their territory

Plessy v Ferguson

Seperate but equal

5th amendment

Protects against self incrimination, spousal priviledge and double jeopardy.

6th amendment

Right to confront witnesses and to a speedy trial

Habaeus corpus

Right to be brought In front of a judge or a jury

8th amendment

Cruel and unusual punishment prohibited as well as excessive bail

Right to privacy

Is not on the constitution