SC cases
Terms
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- New york times v US
- no prior restraint, government failed to show natioanl security was jeopardized. pentagon papers
- schenck v US
- est. clear and present danger test
- gitlow v new york
- incorporated free speech to the states
- brandenburg v Ohio
- free speech upheld as long as it does not create an imminent threat
- miller v california
- obscenity is not protected by first amend. miller test
- us v o'brien
- outlawed burning of draft cards b/c they are needed for gov.
- texas v johnson
- protected flag burning
- us v eichman
- protected flag burning and overturned flag protection act
- hazelwood schools v kuhlmeir
- school papers do not enjoy free press rights due to order and safety
- reynolds v us
- polygamy is not protected by free exercise bc illegal
- employment division of oregon v smith
- drug use not protected by free exercise bc illegal
- engel v vitale
- school sponsored prayer violates est clause of const.
- wallace v jaffree
- school sponsored moments of silence violates est clause of const.
- epperson v arkansas
- struck down law forbiding teaching of evolution bc violates est clause
- wisconsin v yoder
- amish exception from high school bc of free exercise clause
- tinker v des moines
- allowed black arm bands in protest in school
- wolf v colorado
- incorporated search and seizure into the states
- mapp v ohio
- incorp exclusionary rule into states
- gideon v wainwright
- right to counsel
- escobedo v illonois
- right to lawyer during questioning
- miranda v arizona
- police must inform of right including right to remain silent
- plessy v ferguson
- est seperate but equal test and rec jim crow laws
- brown v board of education
- declared seperate but equal unconst.
- rotsker v goldberg
- upheld military service selection act that prevented women from being drafted
- griswold v conneticut
- struck down law forbidding birth control
- roe v wade
- said abortions could not be limited by states in first trimester based on right to privcy- 14th amend
- planned parenthood v casey
- said abortions could be limited as long as not undue burden for women
- boy scouts v dale
- said that boy scouts can forbid gay scout leader
- furman v georgia
- outlawed death penalty bc violated cruel and unsusual
- gregg v georgia
- reest death penalty turned power to the states
- berkely v bakke
- struck down racial quotas
- korematsu v us
- upheld interment camps (FDR)
- abrams v US
- upheld espionage act and clear and present danger test
- reno v ACLU
- ruled 96 communication decency act unconst bc violated free speech
- near v minnesota
- incorp free press rights into state and outlawed state's prior restraint
- village of skokie v national socialist party
- freedom of assembly not abridged according to the message
- loving v virginia
- state law preventing inter-racial marriage illegal bc violated equal protection act
- bowers v hardwick
- upheld state's right to have sodomy laws
- Lawrence v texas
- struck down sodomy laws bc violation of eqp clause
- lynch v donnely
- upheld crech exhibit as long as it had secular things on on grounds of national holiday
- agostini v felton
- said that public school teachers can teach secular subjects at religious schools
- sherbert v verner
- strict scrutiny which means gov must have good reason to single out a religious group
- lemon v kurtzman
- said that gov must be excessively entangled in religion
- city of boerne v flores
- ruled that RFRA unconst. and said that only courts can est scrutiny
- cohen v california
- defended profanity as speech
- chaplinskiy v new hampshire
- est fighting words doctrine which is words intended to induce violence
- nyt v sullivan
- est the malice test which says damage must result from libel or slander
- dred scott v sandford
- upheld slavery, fugitive slave law and states rights
- Palo v conneticut
- double jeopardy not incorp in states
- powell v alabama
- scottsboro boys, incorp court appt. attorney for capital murder cases
- slaughter house cases
- ex of courts not incorp bill of rights into states
- baker v carr
- est one person one vote and outlawed malapportionment
- bush v gore
- ordered manual recount to end bc of eqp clause
- us v lopez
- struck down congress' gun free zones bc congress used commerce as defense
- marbury vs madison
- est judicial review
- mcCulloch v maryland
- MD could not tax bank of us based on nec/prop clause
- buckley v valeo
- said financial contributions are protected by free speech but can be limited
- gibbons v ogden
- congress had power to regulate interstate trade
- clinton v jones
- denied clinton right to executive privilege
- us v nixon
- denied nixon's plea of exec privilege
- ins v chadna
- ruled leg. veto unconst on grounds on sep of powers
- clinton v city of new york
- ruled line item veto unconst bc of sep of powers