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29 Cards in this Set

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Baker v. Carr (1962)
Baker's suit detailed how Tennessee's reapportionment efforts ignored significant economic growth and population shifts within the state. Did the Supreme Court have jurisdiction over questions of legislative apportionment? yes
Bethel School District v Fraser (1986)
Does the First Amendment prevent a school district from disciplining a high school student for giving a lewd speech at a high school assembly? No. The Court found that it was appropriate for the school to prohibit the use of vulgar and offensive language.
Brandenburg v Ohio (1969)
Did Ohio's criminal syndicalism law, prohibiting public speech that advocates various illegal activities, violate Brandenburg's right to free speech as protected by the First and Fourteenth Amendments? (1) speech can be prohibited if it is "directed at inciting or producing imminent lawless action" and (2) it is "likely to incite or produce such action."
Brown v Board of Ed 1954
Does the segregation of children in public schools solely on the basis of race deprive the minority children of the equal protection of the laws guaranteed by the 14th Amendment? seperate but equal not constitutional
Church of Lukumi Babalu Aye, Inc v City of Hialeah (1993)
Did the city of Hialeah's ordinance, prohibiting ritual animal sacrifices, violate the First Amendment's Free Exercise Clause? Yes. The Court held that the ordinances were neither neutral nor generally applicable. The ordinances had to be justified by a compelling governmental interest and they had to be narrowly tailored to that interest.
Engle v Vitale (1962)
Does the reading of a nondenominational prayer at the start of the school day violate the "establishment of religion" clause of the First Amendment? Yes. Neither the prayer's nondenominational character nor its voluntary character saves it from unconstitutionality.
Everson v Board of Education (1942)
A New Jersey law allowed reimbursements of money to parents who sent their children to school on buses operated by the public transportation system. Children who attended Catholic schools also qualified for this transportation subsidy. Court held that the law did not violate the Constitution.
Gideon v Wainwright (1963)
Did the state court's failure to appoint counsel for Gideon violate his right to a fair trial and due process of law as protected by the Sixth and Fourteenth Amendments? Court held that Gideon had a right to be represented by a court-appointed attorney and, in doing so, overruled its 1942 decision of Betts v. Brady.
Griswold v Connecticut (1965)
Does the Constitution protect the right of marital privacy against state restrictions on a couple's ability to be counseled in the use of contraceptives? yes, right to privacy
Gratz v. Bollinger
Does the University of Michigan's use of racial preferences in undergraduate admissions violate the Equal Protection Clause of the Fourteenth Amendment or Title VI of the Civil Rights Act of 1964? Does the University of Michigan's use of racial preferences in undergraduate admissions violate the Equal Protection Clause of the Fourteenth Amendment or Title VI of the Civil Rights Act of 1964?Does the University of Michigan's use of racial preferences in undergraduate admissions violate the Equal Protection Clause of the Fourteenth Amendment or Title VI of the Civil Rights Act of 1964? Court held that the University of Michigan's use of racial preferences in undergraduate admissions violates both the Equal Protection Clause and Title VI.
Hazelwood School District v. Kuhlmeier (1988)
Did the principal's deletion of the articles violate the students' rights under the First Amendment? No Court held that the First Amendment did not require schools to affirmatively promote particular types of student speech.
Lawrence v Texas (2003)
Same Sex sex is right to privacy. Due process clause. Bowers v. Hardwick overturned
Lee v. Weisman
Does the inclusion of clergy who offer prayers at official public school ceremonies violate the Establishment Clause of the First Amendment? Court held that government involvement in this case creates "a state-sponsored and state-directed religious exercise in a public school." Such conduct conflicts with settled rules proscribing prayer for students.
Lemon v. Kurtzman
Did the Rhode Island and Pennsylvania statutes violate the First Amendment's Establishment Clause by making state financial aid available to "church-related educational institutions"? yes. To be constitutional, a statute must have "a secular legislative purpose," it must have principal effects which neither advance nor inhibit religion, and it must not foster "an excessive government entanglement with religion."
Mapp v Ohio
Were the confiscated materials protected by the First Amendment? It placed the requirement of excluding illegally obtained evidence from court at all levels of the government.
Miller v. California
Is the sale and distribution of obscene materials by mail protected under the First Amendment's freedom of speech guarantee? a) whether 'the average person, applying contemporary community standards' would find that the work, taken as a whole, appeals to the prurient interest. . . (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
Near v. Minnesota
Does the Minnesota "gag law" violate the free press provision of the First Amendment? Thus the Court established as a constitutional principle the doctrine that, with some narrow exceptions, the government could not censor or otherwise prohibit a publication in advance, even though the communication might be punishable after publication in a criminal or other proceeding.
New Jersey v. T.L.O
Did the search violate the Fourth and Fourteenth Amendments? The Court used a less strict standard of "reasonableness" to conclude that the search did not violate the Constitution.
Planned Parenthood v. Casey
Can a state require women who want an abortion to obtain informed consent, wait 24 hours, and, if minors, obtain parental consent, without violating their right to abortions as guaranteed by Roe v. Wade? The new standard asks whether a state abortion regulation has the purpose or effect of imposing an "undue burden," which is defined as a "substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability."
Bakke
No racial quotas
Reynolds v. U.S.
Does the federal anti-bigamy statute violate the First Amendment's free exercise clause because plural marriage is part of religious practice? no
Sante Fe Independent Schools v. Doe
Does the Santa Fe Independent School District's policy permitting student-led, student-initiated prayer at football games violate the Establishment Clause of the First Amendment? Yes, violates the Establishment Clause.
Schenck v. U.S.
Are Schenck's ant draft actions (words, expression) protected by the free speech clause of the First Amendment? schenck is not protected
Sheppard v. Maxwell
What threshold must be crossed before a trial is said to be so prejudicial, due to context and publicity, as to interfere with a defendant's Fifth Amendment due process right to a fair trial? Noting that although freedom of expression should be given great latitude, the Court held that it must not be so broad as to divert the trial away from its primary purpose
Terry v Ohio
Was the search and seizure of Terry and the other men in violation of the Fourth Amendment? yes. search undertaken by the officer was reasonable under the Fourth Amendment and that the weapons seized could be introduced into evidence against Terry.
Texas v Johnson
flag burning
Tinker v Des Moines
black arm bands
U.S. v. Leon
Is there a "good faith" exception to the exclusionary rule? Yes, there is such an exception. The justices held that evidence seized on the basis of a mistakenly issued search warrant could be introduced at trial.
Zelman v. Simmons-Harris
Does Ohio's school voucher program violate the Establishment Clause? No. In a 5-4 opinion delivered by Chief Justice William H. Rehnquist, the Court held that the program does not violate the Establishment Clause. The Court reasoned that, because Ohio's program is part of Ohio's general undertaking to provide educational opportunities to children, government aid reaches religious institutions only by way of the deliberate choices of numerous individual recipients and the incidental advancement of a religious mission, or any perceived endorsement, is reasonably attributable to the individual aid recipients not the government.