AP Gov Court Cases
Terms
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- New York Times v US 1971
- no prior restraint. the gov't failed to show how security was jeopardized / Pentagon Papers
- Schenck v US 1919
- established the clear and present danger test.
- Gitlow v New York 1925
- incorporated free speech in the States
- Bradenburg v Ohio 1969
- free speech upheld as long as it doesn't create an imminent threat
- Miller v California 1973
- obscenity is not protected by free speech / Miller Test
- US v O'Brien 1968
- outlawed the burning of draft cards b/c they are needed for gov'tal operations / gov't property
- Texas v. Johnson 1989
- protected flag burning as free speech
- US v. Eichman 1990
- protected flag burning as free speech / overturned the Flag Protection Act of 1989
- Hazelwood Schools v. Kuhlmeir 1988
- school papers do not enjoy free speech rights due to order and safety
- Gideon v. Wainwright 1963
- right to a counselor or court appointed attorney if you can't afford one.
- Escobedo v. Illinois 1964
- right to have lawyer during police questioning.
- Miranda v. Arizona 1966
- Miranda test, says police must inform you of your rights including the right to remain silent
- Plessy v. Ferguson 1896
- established the Separate but Equal Test and recognized Jim Crow laws
- Brown v. Board of Education 1954
- struck down Separate but Equal Test
- Rotsker v. Goldberg 1981
- upheld the Military Selective Service Act that prevented women from being drafted
- Griswold v. Connecticut 1965
- struck down a law forbidding birth control and established the right to privacy for the first time
- Roe v. Wade 1973
- said that abortions could not be limited by the states in the 1st trimester based on the right of privacy / 14th amdnt.
- Planned Parenthood v. Casey 1992
- said that abortions can be limited as long as they don't create an undue burden for women.
- Boy Scouts of America v. Dale 2000
- said that the Boys Scouts can forbid gay scout leaders
- Furman v. Georgia 1974
- outlawed the death penalty b/c it was cruel and unusual
- Gregg v. Georgia 1974
- reestablished the Death penalty and gave this power to the states/ overturned Furman v. Georgia
- Regents of the U. of California v. Bakke 1978
- struck down racial quotas as affirmative action policies
- Korematsu v US 1944
- upheld FDR's executive order to intern Japanese Americans based on Nat'l Security.
- Abrams v. United States 1919
- upheld the espionage act and the clear and present danger act
- Reno v. ACLU 1997
- ruled the 1996 Communications Decency Act unconstitutional b/c it violates free speech
- Near v. Minnesota 1931
- incorporate free press right into the state and outlawed prior restraint of the states
- Village of Skokie v. National Socialist Party 1978
- freedom of assembly rights cannot be abridged becuase if its message
- Chaplinsky v. New Hampshire 1941
- est. the "fighting words" doctrine, words intended to induce violence
- New York Times v. Sullivan 1964
- est. the Malice Test, saying that damge must result from libel or slander
- Dredd Scott v. Sanford 1857
- upheld slavery, the fugitive slave law, and states rights
- Palko v Connecticut 1937
- the court failed to incoporate double jeopardy/ great example of selective incorporation
- Powell v. Alabama 1932
- Scottsboro Boys / incorporated court appointed attorneys for murder cases
- Slaughter House Cases 1873
- example of the courts not incorporating the bill of rights in the states