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."

Front 11

New York Times v. Sullivan 1964

Back 11

Does the AL law concerning libel unconstitutionally infringe on 1st amendment rights of freedom of speech/press by not requiring proof of harm? - 1st amendment protects all statements, even false, except when the statement is made with actual malice and knowledge that it is false.

Front 12

Buckley v. Valeo 1976

Back 12

Were the limits placed on electoral expenditures by the Federal Election Campaign Act of 1971 a violation of the 1st amendment freedom of speech and association clauses? - No, because they are guardians for true democracy. But candidates themselves have no restrictions because that would violate their free speech.

Front 13

Texas v. Johnson 1988

Back 13

Is the desecration of the American flag a form of speech protected under the 1st amendment? - Yes because it is expressive conduct with a distinctly political nature. Symbols have more than 1 meaning.

Front 14

Schenck v. Pro-Choice Network of Western NY 1997

Back 14

Did fixed or floating buffer zones near the entrances of abortion clinics violate 1st amendment rights to freedom of speech? - Fixed buffer zones are constitutional but floating ones are not because they are a great burden on free speech and unsafe. Fixed ones protect government interest in public safety.

Front 15

Boy Scouts of America v. Dale

Back 15

Does NJ's public accommodations rule violate the Boy Scouts 1st amendment right of expressive isolation to bar homosexuals from serving as troop leaders? - Yes because homosexuality is inconsistent with the values of the Boy Scouts that they are trying to promote.

Front 16

Ashcroft v. ACLU 2002

Back 16

Is the Child Online Protection Act's requirement that online publishers prevent children from accessing harmful material a violation of the 1st amendment? - Yes because COPA has not been shown effective and restricting content would just encourage publishers to produce more outrageous content.

Front 17

De Jonge v. Oregon 1937

Back 17

Does OR criminal syndiationlism statute violate the due process clause of the 14th amendment? - Yes, because the rights of speech and peaceful assembly should be granted since the purpose of the meeting is protected. Incorporated the freedom of assembly to states.

Front 18

Mapp v. Ohio 1961

Back 18

Were confiscated materials protected by the 1st amendment? May evidence from a search violating the 4th amendment be used for criminal proceeding? - All evidence obtained by illegal searches is inadmissible to court. Exclusionary rule - required all illegally obtained evidence to be excluded: incorporated 4th amendment exclusionary rule to states.

Front 19

Gideon v. Wainwright 1964

Back 19

Is the state's failure to appoint a legal counsel for a person a violation of the rights to a fair trial and due process as protected by 6th and 14th amendments? - Yes, the guarantee of a counsel is a fundamental right and essential to a fair trial.

Front 20

Miranda v. Arizona 1966

Back 20

Does interrogation of people without notifying them of right to counsel and their protection against self incrimination violate the 5th amendment? - Yes, prosecutors cannot use statements from interrogation unless safeguards against self-incrimination are used. Suspects have the right to remain silent and right to have a legal counsel present at interrogations.

Front 21

Gregg v. Georgia 1976

Back 21

Is the death sentence prohibited under the 8th and 14th amendments as cruel and unusual punishment? - No, because the trial and sentencing is conducted separately and capital punishment serves as a useful deterent for future capital crimes

Front 22

INS v. Lopez 1984

Back 22

Do the structures of the 4th amendment and exclusionary rule apply in deporation proceedings? - No because deportations are civil actions and protections to defendatns do not apply. The INS is only required to show identity and alienage proof to meet deportation hearing.

Front 23

Atkins v. Virginia 2002

Back 23

IS the execution of mentally retarded persons cruel and unusual punishment prohibited by the 8th amendment? - Yes, mentally retarded people are not subject to retribution and deterrence of capital crimes because of incapacity.

Front 24

Griswold v. Connecticut 1965

Back 24

Does the Constitution protect the right of marital privacy against state restrictions on counseling regarding contraceptives? - Not directly, but the right to privacy is established by the 1st, 3rd, 4th, and 9th amendments.

Front 25

Roe v. Wade 1971

Back 25

Does the Constitution give a woman the right to terminate her pregnancy by an abortion? - Yes because the right to privacy is protected by the 14th amendment. Woman has control of abortion during 1st trimester. States can interfere in 2nd and 3rd.

Front 26

Webster v. Reproductive Health Services 1987

Back 26

Did MO restrictions on abortions infringe on right to privacy or equal protection clause of 14th amendment? - No because no concrete restrictions were identified and due process doesn't require states to enter issue of abortion.

Front 27

Planned Parenthood v. Casey 1992

Back 27

Can a state require women who want an abortion obtain informed consent, wait 24 hours, and get parental consent if minors without violating the right to abortion by Roe v. Wade? - Yes. Only if undue burden is imposed can regulations be invalid.

Front 28

Pottawatomie v. Earls 2002

Back 28

Is the Student Activities Drug Testing Program (urinanalysis) consistent with the 4th amendment? - Yes because it helps prevent drug use among students and already diminished the expectation of privacy. Test is minimally invasive.

Front 29

Lawrence v. Texas 2003

Back 29

Do the convictions based on a law forbidding same sex intimate conduct violate the 14th amendment? - Yes, a state cannot intrude onto private life of its citizens.

Front 30

Barron v. Baltimore 1833

Back 30

Does the 5th amendment deny states and federal government to take private property for public use without just compensation? - 5th amendment is not applicable to states. Whole Bill of Rights only applies to federal government.

Front 31

United States v. Nixon 1974

Back 31

Is the President's right to safeguard certain information using executive privilege entirely immune from judicial review? - Absolute presidential executive privilege cannot be granted because of separation of powers and general confidentiality.

Front 32

United States v. Lopez 1995

Back 32

Is the 1990 Gun Free School Zones Act, forbidding people from knowingly carry a gun in school, unconstitutional because it exceeds Congress' power under Commerce Clause?- Yes, it is not economic and has nothing to do with the commerce clause. 1st time the commerce clause limited federal government.

Front 33

Clinton v. New York 1998

Back 33

Can a President selectively cancel individual portions of bills (Line Item Veto Act)? - No because legislation must either be fully approved or rejected. He does not have the right to amend bills this way.

Front 34

Bush v. Gore 2000

Back 34

Did FL Supreme Court violate Article II by making a new election law? Do standardless manual recounts violate Equal Protection and Due Process? - Yes, FL recount was unconstitutional because standards differed from ballot to ballot and only the state legislature may make new election laws.

Front 35

Plessy v. Ferguson 1896

Back 35

Is racial segregation unconstitutional because of infringement on privileges and immunities and equal protection of the 14th amendment? - No because the facilities for whites and blacks can be separate as long as they are equal. Segregation does not constitute unlawful segregation. "Separate but Equal"

Front 36

Brown v. Board of Education I 1952

Back 36

Does segregation of children in public schools solely on race deprive minority kids of equal protection under 14th amendment? - Yes because inequality exists and racial segregation in schools makes kids feel inferior. Separate but Equal rejected.

Front 37

Brown v. Board of Education II 1955

Back 37

What means should be used to implement principles in Brown I? - Local solutions much responsibility on local schools and courts. Act with all deliberate speed.

Front 38

Baker v. Carr 1961

Back 38

Did the Supreme Court have jurisdiction over legislative apportionment? - Yes, violations can be corrected in court because 14th amendment's equal protection issues deserved judicial evaluation of state affairs. Gerrymandering may be adjudicated.

Front 39

Wesberry v. Sanders 1964

Back 39

Did GA's apportionment violate 14th amendment or deprive citizens of the full benefit of voting? - 1 man - 1 vote. No right is more precious than to have a voice in elections. The apportionment must be corrected because it discriminated against the citizens of the region.

Front 40

Swann v. Charlotte Mecklenberg 1970

Back 40

Were federal courts constitutionally authorized to oversee and produce remedies for state imposed segregation? - Scope of power of federal district courts were powerful. They could make mathematical quotas, scrutinize all black schools and make noncontinuous attendance zones with bussing to further desegregation.

Front 41

Regents of the University of California v. Bakke 1977

Back 41

Did U Cali violate 14th amendment equal protection clause because of affirmative action? - Tied. Race can be used as a criteria but other factors had to be involved. Racial quota system is questionable against Civil Rights Act of 1964.

Front 42

Shaw v. Reno 1993

Back 42

Does the claim that the state of created a racially gerrymandered district raise a valid issue under the 14th amendment equal protection clause? - The resulting district shape was bizarre to suggest the district was based on race. The district court would decide whether gerrymandering was in play.

Front 43

Grutter v. Bollinger 2003

Back 43

Does U Michigan's law school use of racial preference in student admissions violate equal protection clause? - No because the race is used narrowly in admissions to further compelling interest. It does not harm nonminority applicants.

Front 44

Gratz v. Bollinger 2003

Back 44

Does U Michigan's use of racial preferences violate equal protection clause or Civil Rights Act of 1964? -Yes because 20 points were awarded to minorities. The policy is not narrowly tailored and violates equal protection.

Front 45

Marbury v. Madison 1803

Back 45

Is Marbury entitled to his appointment? Is the Supreme Court the right one to jurisdict? - Established the practice of judicial review and that the Constitution was the supreme law of the land. Supreme Court has power to see if legislation abides the Constitution.

Front 46

McCulloch v. Maryland 1819

Back 46

Did Congress have the authority to establish a band? Could MD law interfere with congressional powers? -States can't tax government institutions and bank can be formed by unenumerated powers not strictly outlined by Constitution.

Front 47

Gibbons v. Ogden 1824

Back 47

Could NY regulate interstate commerce and exercise its authority over the area? - NY could not because of the supremacy clause. Commerce was defined as navigation on interstate waterways and among several states. Regulation of interstate commerce is reserved to Congress.