Chapter 4 Court Cases Flash Cards.pdf

Barron v. Baltimore (1833) Gitlow v. New York (1925) Lemon v. Kurtzman (1971) Zelman v. Simmons-Harris (2002) Engel v. Vitale (1962) School District of Abington Township, Pennsylvania v. Schempp (1963) Near v. Minnesota (1931) Schenk v. United States (1919) Zurcher v. Stanford Daily (1978) Roth v. United States (1957) Miller v. California (1973) New York Times v. Sullivan (1964) Texas v Johnson (1989) Miami Herald Publishing Company v. Tornillo (1974) Red Lion Broadcasting Company v. Federal Communications Commission (1969) NAACP v. Alabama (1958) Mapp v. Ohio (1961) Miranda v. Arizona (1966) Gideon v. Wainwright (1963) Gregg v. Georgia (1976) McClesky v. Kemp (1987) Roe v. Wade (1973) Planned Parenthood v. Casey (1992) Point of Law: Whether the First Amendment must be followed by the states. Decision: the freedoms of the press and speech are ?fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states? as well as the federal government Amendment Defined: 1st Amendment, 14th Amendment Limitations Redefined: Limited the state governments by forcing them to respect the First Amendment. Point of Law: Whether or not the Bill of Rights applied to the States Decision: the bill of rights restrained only the national government, the states and cities Amendment Defined: Bill of Rights (1-10) Limitations Redefined: Created limitations on the Bill of Rights to the Federal Government Point of Law: The legality and constitutionality of allowing the funding in the form of vouchers of religious schools. Decision: upheld a program providing families in Ohio with vouchers that could be used to pay for tuition at religious schools Amendment Defined: 1st Amendment (Establishment Clause) Limitations Redefined: Lifted some limitations on the funding of religious schools Point of Law: the constitutionality of aid to church related schools Decision: established that aid to church related schools must ? Have a secular legislative purpose ? Have primary effect that neither advances nor inhibits religion ? Not foster excessive government entanglement with religion Amendment Defined: 1st Amendment (Establishment Clause) Limitations Redefined: Limited the ability to aid to church related schools Point of Law: The constitutionality of Bible reading in school Decision: a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the first Amendment Amendment Defined: 1st Amendment (Establishment Clause) Limitations Redefined: Limited the government?s ability to create a law requiring Bible reading in schools. Point of Law: the constitutionality of prayer in public schools Decision: state officials violated the 1st Amendment when they wrote a prayer to be recited by New York?s schoolchildren Amendment Defined: 1st Amendment (Establishment Clause) Limitations Redefined: Limited the government?s ability to impose a law requiring prayer in schools. Point of Law: The constitutionality of limiting the freedom of speech provoking evil Decision: upheld the conviction of a socialist who has urged young men to resist the draft during WWI. Justice Holmes declared that the government can limit speech if the speech provokes a ?clear and present? danger of substantive evils. Amendment Defined: 1st Amendment (Freedom of Expression) Limitations Redefined: Lifted the restriction on government to limit the freedom of speech in severe cases. Point of Law: The constitutionality of prior restraint on publications Decision: First Amendment protects newspapers from prior restraint Amendment Defined: 1st Amendment (Freedom of Expression) Limitations Redefined: Limited the government?s ability to censor publications Point of Law: The constitutionality of restricting or allowing obscenity Decision: ?obscenity is not within the area of constitutionally protected speech or press? Amendment Defined: 1st Amendment (Freedom of Expression) Limitations Redefined: Allowed the government to censor obscene content. Point of Law: Paper argued that its files were protected by the First Amendment Decision: a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press Amendment Defined: 1st Amendment (Freedom of Expression) Limitations Redefined: Allowed government to seize files in accordance with a search warrant. Limited what can be determined as freedom of expression Point of Law: The Constitutionality of libel and guidelines for suits against libel Decision: Established the guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made with actual malice and reckless disregard for the truth Amendment Defined: 1st Amendment (Freedom of Expression) Limitations Redefined: Limited the ability of libel suits Point of Law: The Constitutionality of obscenity and what obscenity is Decision: avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to prurient interest and being ?patently offensive? and lacking in value Amendment Defined: 1st Amendment (Freedom of Expression) Limitations Redefined: Upheld the decision of censorship. Limited what can constitute obscene Point of Law: The legality of requirements to print replies from criticized candidates Decision: a state could not force a newspaper to print replies from candidates it had criticized, illustrating the limited power of government to restrict print media Amendment Defined: 1st Amendment (Commercial Speech) Limitations Redefined: Limited the government?s ability to require newspapers to print criticized candidate?s responses. Point of Law: The legality of American Flag Burning under the First Amendment Decision: struck down a law banning the burning of an American flag on the grounds that such action was symbolic speech protected by First. Amendment Defined: 1st Amendment (Freedom of Expression) Limitations Redefined: Limited the government?s ability to impose a restriction on flag burning Point of Law: The ability of government to require the submission of member lists from groups. Decision: Protected the Right to assemble peacefully in this 1958 case when it decided the NAACP did not have to reveal its membership list and thus subject it members to harassment Amendment Defined: 1st Amendment (Freedom of Association) Limitations Redefined: Limited the government?s ability to impede on the Right to associate with requirements of membership list submission. Point of Law: The legality and constitutionality of restrictions on broadcast media. Decision: upheld restrictions on radio and television broadcasting. These restrictions on the broadcast media are much tighter than those on the print media because there are only a limited number of broadcasting frequencies available. Amendment Defined: 1st Amendment (Commercial Speech) Limitations Redefined: Lifted limitations on the government?s ability to regulate the broadcast media Point of Law: The constitutionality of arresting someone without reading them their rights given to them by the constitution. Decision: Sets guidelines for police questioning of accused persons to protect them against self incrimination and to protect their right to counsel. Amendment Defined: 5th Amendment Limitations Redefined: Limited the police and government?s ability to interrogate a suspect and coerce a confession. Point of Law: The legality of obtaining evidence without a proper warrant Decision: Ruling that the Fourth Amendment?s protection against unreasonable searches and seizures must be extended to the states as well as to the federal government Amendment Defined: 4th Amendment (Searches and Seizures) Limitations Redefined: Limited the ability of police and courts to get evidence. Created a requirement of warrants before seizing. Point of Law: Legality of death Penalty Decision: Upheld the constitutionality of the death penalty stating: ?It is an extreme sanction, suitable to the most extreme of crimes.? The Court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment. Amendment Defined: 8th Amendment (Cruel and Unusual Punishment) Limitations Redefined: Lifted government?s restriction of the use of the death penalty. Point of Law: The legality of restricting the right to legal counsel Decision: Holding that anyone accused of a felony where imprisonment may be imposed, however poor he or she is, has a right to a lawyer Amendment Defined: 6th Amendment (Right to Counsel) Limitations Redefined: allowed anyone to receive legal counsel, no matter their income. Limited the government?s ability to not allow legal counsel to defendants Point of Law: Legality of statewide ban on abortions Decision: Holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother?s health in the second trimester, and permitted states to protect the fetus during the third trimester. Amendment Defined: 14th Amendment (Right to Privacy) Limitations Redefined: Limited abortions after the third trimester; limited government ability to restrict abortions Point of Law: the minority aspect of the legality of the death penalty. Decision: Upheld the constitutionality of the death penalty against charges that it violated the Fourteenth Amendment because minority defendants were more likely to receive the death penalty than were White defendants. Amendment Defined: 8th Amendment (Cruel and Unusual Punishment) Limitations Redefined: Upheld the right of government to impose the death penalty under the 14th Point of Law: The ability to create restrictions on abortions Decision: loosened its standards for evaluating restrictions on abortions from one of strict scrutiny of any restraints on a fundamental right to one of undue burden that permits considerably more regulation. Amendment Defined: 14th Amendment (Right to Privacy) Limitations Redefined: Lifted the restriction on the ability to create restrictions Zander