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10 Cards in this Set
- Front
- Back
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California v Greenwood
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The Fourth Amendment does not prohibit the warrantless search and seizure of waste left for collection outside the curtilage of a home. California Supreme Court reversed.
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Collin v Smith
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(Nazis in Skokie) If a state seeks to impose an injunction in violation of First Amendment rights, it must provide strict procedural safeguards, including immediate appellate review. Absent such review, a stay must be granted.
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Gregg v Georgia
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The imposition of the death penalty does not, automatically, violate the Eighth and Fourteenth Amendment. If the jury is furnished with standards to direct and limit the sentencing discretion, and the jury's decision is subjected to meaningful appellate review, the death sentence may be constitutional. If, however, the death penalty is mandatory, such that there is no provision for mercy based on the characteristics of the offender, then it is unconstitutional.
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Hazelwood v Kuhlmeier
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The Court held that public school curricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection than independent student expression or newspapers established (by policy or practice) as forums for student expression.
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Heart of Atlanta motel v US
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Congress did not unconstitutionally exceed its powers under the Commerce Clause by enacting Title II of the 1964 Civil Rights Act, which prohibited racial discrimination in public accommodations. Northern District of Georgia affirmed.
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NAACP v Alabama
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The Court decided in favor of the petitioners, holding that "Immunity from state scrutiny of petitioner's membership lists is here so related to the right of petitioner's members to pursue their lawful private interests privately and to associate freely with others in doing so as to come within the protection of the Fourteenth Amendment" and, further, that freedom to associate with organizations dedicated to the "advancement of beliefs and ideas" is an inseparable part of the Due Process Clause of the Fourteenth Amendment.
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NAACP v Button
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The unanimous Court held that the activities of the NAACP amounted to "modes of expression and association protected by the First and Fourteenth Amendments which Virginia may not prohibit." NAACP initiated litigation was "a form of political expression" and not "a technique of resolving private differences," argued Brennan.
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Nebraska Press Association v Stuart
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A prior restraint is an official restriction of speech prior to publication. Prior restraints are viewed by the Supreme Court of the United States as "the most serious and the least tolerable infringement on First Amendment rights" (Note 1). Since 1931, the Court repeatedly has found that such attempts to censor the media are presumed unconstitutional. (clear and present danger test)
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New Jersey v TLO
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School officials are State agents when enforcing disciplinary rules mandated by law. Officials may search without a warrant using reasonable suspicion of a violation of the law or school rules. (girl smoking/drugs)
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Nix v Williams
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The Court relied on the "inevitable discovery doctrine," as it held that the exclusionary rule did not apply to the child's body as evidence since it was clear that the volunteer search teams would have discovered the body even absent Williams's statements.
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