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23 Cards in this Set
- Front
- Back
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Walz v. New York City
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-Wlaz challeged tax exemptions for churches. claimed his property taxes were higher due to churches nt paying. SC ruled this was not a violation of the EC bc it maintained government neutrality.
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Everson v. Board of Education
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Is it a violation of the EC to pay for all children to be bussed to parochail school? SC said no bc it was for the saftey and benefit of the children.
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Lemon v. Kurtzman
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Established the 'Lemon test' to determine what kind of government aid can be given to church schools. Aid can't promote religion & its purpose is clearly secular.
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Engle v. Vitale
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Is prayer in public schools a violation of the EC, even if voluntary? SC ruled YES and outlawed prayer in public schools in 1962. Also banned since then are silent prayer, bible readings, religion classes, and prayers at football games/graduations.
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Reynolds v. United States
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- SC in 1879 ruled the practice of olygamy was against the morals of society & outlawed this practice, even though it was considered part of the Mormon church's beliefs
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Bunn v. North Carolina
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- Outlawed snake handling in religious services.
Mark 16: 17 - 18 |
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NY Times v. Sullivan
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- SC says public figures must prove "actual *malice*" & "reckless disregard for the truth" to sue for defamtion.
-Carol Burnette v. National Equirer & others. |
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Schenk v. United States
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-Socialist, leaflets to 15,000 draftees urging them NOT to report for military duty. Supreme Court established the "clear & present danger" rule. If speech may cause an immediate danger they can be outlawed.
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Yates v. United States
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- Communists, Supreme Court rules that believing in Comunism/teaching abou tCommunism is NOT illegal as long as not trying to toverthrow the government.
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Miller v. California
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-Supreme Cout establishes a 3 part test for obscenity.
- Against community standers? -Is it lacking in serious artistic, literary, or scientific value? -Would a reasonable person find any value in it? -Not protected if found to obscene. |
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Tinker v. Des Moines
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- Students wearing arm bands to protect Vietnam War. Protected by 1st Amendment according to Supreme Court.
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Texas v. Johnson
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-Protesters buning American flag to show displeasure with Presidnet Regan. ALLOWED by Supreme Court.
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United States v. O'Brien
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-Burning draft cards to protest Vietnam War. NOT protected by 1st Amendment - Interferes with government's ability to conduct business.
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Near v. Minnesota
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- Minnesota law prevented newpaper article chargin Minnisota police chief of being a "Jewish gangsta" & corrupt from being printed. Supreme Court ruled this was censorship - prior restrain can olny be used in cases of national security.
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New York Times v. United States
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-Times received a copy of classified secret "Penteagon Papers" detailing how US had gotten in to Vietnam War. Supreme Cout ALLOWED them to be printedm saying government must show serious & direct ahrm to naitonal security in order to use prior restriant.
**DOES NOT APPLY TO SCHOOLS** |
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Cox v. New Hampshire
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-Government CAN require advance notice & permits for demonstrations in public places. Must be content nuetral (cannot matter what the topioc is).
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Cox v. Louisiana
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- Protests near a courthouse may be limited if interfering with a trial.
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Lloyd Corporation v. Tanner
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-NO RIGHT to assemble or protest on private property, like a shopping center
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Rochin v. Ca
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-Police force way into Rochin's room and he swallos pills sitting on nightstand. Police take him to hospital and pump his stomach. Pills are found to be illegal drugs Rochin is convicted. SC overturns conviction. Police action was unfair - no warrant, forcibly pumping stomach. Law is good, Action is bad.
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Pierce v. Society of Sisters
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- In 1922, Oregon passes a law that makes public school attendance mandatory for all children between ages 8-16. Law intentionally written to try to destroy private/prochial schools. SC ruled that the law was discriminating against those schools and threw it out. The action of requiring school attendance is good, the law, was bad.
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Gregg v. Ga.
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A Georgia ury sentenced Gregg to death after finding him guilt on two counts each of murder and armed robbery. Gregg appealed the sentence, claiming that it violated the 8th amendment. However, the Court upheld Gregg's sentence, stating for the first time that "punishment of death does not invariably violate the Constitution."
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Gideon v. Wainwright
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Florida court found Gideon guilty of breaking and entering adn sentenced him yrs in jail. Gideon appealed his case to the SC on the basis that he had been unconstitutionally denied counsel during his trial due to Florida's policy of only probiding appointed counsel in capital cases. SC gave Gideon a new trial and he was found not guilty with help from a court-appointed attorney.
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Miranda v. Arazona
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Arrested for kidnapping and sexual assault, Ernesto Miranda signed a confesesion. After conviction, he appealed, claiming that without counsel and without warnings, the confession was illegally gained. SC agreed with Miranda.
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