Civil Rights And Civil Liberties Supreme Court Cases

Front 1

Engel v. Vitale 1962

Back 1

Does reading a nondenominational prayer at school violate the establishment of religion clause of 1st Amendment? - Yes, traditional prayer type recesitations were eliminated - unconstitutional.

Front 2

Abington School District v. Schempp 1963

Back 2

Does the requirement of public school students to participate in religious exercises violate religious freedom of students (1st and 14th amendments) - Yes because these Bible readings were religious ceremonies

Front 3

Epperson v. Arkansas 1968

Back 3

Does a law forbidding the teaching of evolution violate either free speech rights of teachers or the establishment clause? - Yes because the law was based on fundamentalist Christian beliefs. The state cannot prohibit teaching of scientific theory/doctrine where prohibitions are based on 1st amendment.

Front 4

Lemon v. Kurtzman 1971

Back 4

Does the state's financial support of Church-related education violate the 1st amendment's establishment clause? - Yes because statues must be secular, principal effects must neither advance nor prohibit religion and not entangle government with religion. Established the 3 part test.

Front 5

Zelman v. Simmons-Harris 2002

Back 5

Does the school voucher program that allows students to attend public/private schools of their choice including religious schools violate the establishment clause? - No because it gives parents the choice and does not endorse a particular kind of school over another. The benefits are based on financial need, true private choice is granted.

Front 6

Schenck v. United States 1919

Back 6

Are Schenck's actions, words, or expressions to attempt to cause insubordination in the military by circulating fliers against the capitalist system protected by the free speech clause of the 1st amendment? - No. Concept of clear and present danger was formed because wartime statements that are tolerated during peacetime can be punished.

Front 7

Gitlow V. New York 1925

Back 7

Does the NY law punishing the advocacy of overthrowing the government an unconstitutional violation of free speech clause of 1st amendment? - Yes. No state shall deny 14th amendment due process (incorportaiton cause- freedom of speech to states). States may forbid speech if they result in dangerous action (dangerous tendency test).

Front 8

Near v. Minnesota 1931

Back 8

Does the MN gag law violate the free press provision of the 1st amendment? - Yes, prior restraint is unconstitutional (injunction). Government cannot sensor publications in advance even if it can be punishable after publication.

Front 9

Dennis v. United States 1951

Back 9

Did the Smith Act (unlawful to conspire to teach overthrow of US government) violate the 1st amendment? - No because there is a discretion in teaching communist philosophies and active advocacy of their ideas. Clear and Present Danger threat if the policies were advocated.

Front 10

Roth v. United States 1957

Back 10

Did the federal or CA obscenity restrictions impinge upon the freedom of expression in 1st amendment? - No, obscenity is not constitutionally protected because not every form of expression is protected by the 1st amendment. Test for obscenity established: whether the average person with community standards finds the theme of "prurient interest."