ap gov court cases 2 Flashcards

Terms Definitions
Plessy v. Ferguson
established Separate but Equal
Sixth Amendment
designed to protect individuals accused of ccrimes. It includes the right to counsel, the right to confront witneses, and the right to a speedy and public trial
Reno v. ACLU
(1997) struck down Communications Decency Act, interned is a free speech zone and interned is a choice
Reed v. Reed
Gender discrimination violates the equal protection clause of the Constitution
U.S. V Nixon
"Executive privilege" is not unlimited
the written publication of false or malicious statements that damage someone's reputation
Ashcroft v. ACLU
1999- Child pornography protection v. free seech was created as Congress' attempt to criminalize Internet pornography/obscenity. COPA too broad and violates 1st amendment
Barron v. Baltimore
(1833) First case dealing with constitution and state discordance. precedent- just compensation only at federal level. states can do whatever they want to take land. ect. without compensating
Hazelwook v. Kuhlmeier
(1973) Student Press, school newspaper writing about drug use- school tried to prevent them from printing. In order for the paper to have first amendment rights it must be a public forum.
Furman v. Georgia
state death penalties (as then applies) are arbitrary and violate equal protection of Fourteenth Amendment
Korematsu v. United States
infamously upheld constitutionality of detention camps for Japanese Americans during WWII
Pattawatomie County v. Earls
Urine drug testing constitutional. General regulation of extracurriculars diminished expectations of privacy; minimally intrusive.
Mapp V Ohio
Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)
Free Exercise Clause
1st amendment provision that prohibits gobernment from interfering with the practice of religion
Lee v. Weisman (1992)
The Court ruled against clergy-led prayer at high school graduation ceremonies.
Smith v. Allwright
The denying of African Americans the right to vote in a primary election was found to be a violation of the 15th amendment
Wesberry v. Sanders
(1963) Ordered House districts to be as near equal in population as possible. Takes Baker v. Carr to a federal level.
Texas v. Johnson
(1989) Flag burning was a protected form of speech/expression only during protest. (Judicial restraint)
Hazlewood v. Kuhlmeier
Schools have right not to sponsor student speech.
Baker v. Carr
"one man, one vote" ordered state legislative districts to be as near equal as possible in population
Collin v. Smith
Nazi party may march through Jewish neighborhood
Virginia v. Black
the provision in the Virginia statute treating any cross burning as prima facie evidence of intent to intimidate renders the statute unconstitutional
Roe V Wade 1973
Abortion rights fall within the privacy implied in the 14th amendment
Korematsu v. US
Did the President and Congress go beyond their war powers by implementing exclusion and restricting the rights of Americans of Japanese descent? No - the need to protect against espionage outweighed Korematsu's rights. It was under "emergency and peril"
Establishment Clause
This is part of the 1st amendment, stating that "Congress shall make no law respecting an establishment of religion"
McCleskey v. Kemp (1987)
SC decision that upheld the constitutionallity of the death penalty against charges that it violated the 14th Amendment because minority defendants were more likely to receive the death penalty than were White defendants
Gideon v. Wainwright
(1963) anyone accused of felony where imprisonment may be imposed, no matter how poor, has right to lawyer
Mapp v. Ohio (1961)
The Court ruled that evidence obtained without a search warrant was excluded from trial in state courts. The case involved the application of the exclusionary rule to the states. The exclusionary rule is the Court's effort to deter illegal police conduct by barring from court evidence that has been obtained in violation of the Fourteenth Amendment.
Oregon v. Smith
(1990) put burden of proof on plantif. ruled that the native americans could use their illegal shrooms so long as it was a spiritual/cultural thing.
Hamdi v. Rumsfield
Held in a military prison as "enemy combatant" denied due process. Court agrees
Griswold v. Connecticut
Found a "right to privacy" in the Constitution that would ban any state law against selling contraceptives
Tinker v. Des Moines
(1971) rights of students and teachers "do not end at the school house gate"--symbolic speech is free speech, protected as long as it is not disruptive or interferes with the flow of the school and learning
Brown V Board 1954
Segregation in SCHOOLS is a violation of the 14th amendment
Bill of Rights
the first 10 amendments to the u.s. constitution which define such basic liberties as freedom of religion, speech, and press and guarantee defendants' rights
Chaplinsky v. New Hampshire (1942)
The Court ruled that the first amendment did not protect "fighting words."
Electronic Freedom of Information Act
(1996) requires agencies to put files online
New York Times v. US
(1971) known as Pentagon papers; Nixon tried to stop publication of info on Vietnam War. Test was "national security" and the Court determined printing info did not endanger national security
Zelman v. Simmons-Harris (2002)
SC upheld a program that provided some families in Ohio vouchers that could be used to pay tuition at religious schools
Reynolds v. United States (1879)
The Court upheld the federal law that prohibited polygamy even though X, a Mormon from Utah, claimed that the law limited his religious freedom.
Schenk v. United States
speech may be punished if it creates a "clear and present danger"-test of illegal acts
Everson v. Board of Education (1947)
The Court upheld a New Jersey policy of reimbursing parents of Catholic school students for the costs of busing their children to school.
Grutter v. Bollinger and Gratz v. Bollinger
numerical benefits cannot be used to admit minorities into college, but race can be a "plus factor" in making those decisions
Church of the Lukumu Babalu Aye v. City of Hialeah (1993)
The Court ruled that laws banning animal sacrifice were unconstitutional because they targeted the Santeria religion.
Marbury vs. Madison
Established Judicial Review
Texas Vs Johnson
invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states.
Murray v. Curlett
no daily Lord's Prayer allowed
Roth vs. US
Obscenity is not protected speech
Printz vs. U.S.
established the unconstitutionality of certain interim provisions of the Brady Handgun Violence Prevention Act.
Lynch v. Donnelly
nativity scene allowed because it shows Santa and candy canes (not religious)
Osborne v. Ohio
can't sell or possess obscenity involving minors
Frisby v. Schultz
can't protest at abortion doctor's private house
Planned Parenthood vs. Casey
the constitutionality of several Pennsylvania state regulations regarding abortion were challenged. The Court's plurality opinion upheld the constitutional right to have an abortion but lowered the standard for analyzing restrictions of that right, invalidating one regulation but upholding the others.
McCulloch vs. Maryland
The Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government.
State action may not impede valid constitutional exercises of power by the Federal government.
Adarand Constructors vs Pena
held that racial classifications, imposed by the federal government, must be analyzed under a standard of "strict scrutiny," the most stringent level of review which requires that racial classifications be narrowly tailored to further compelling governmental interests.
Near vs. Minnesota
first amendment protecting freedom of speech by rejecting prior restraints on publication
U.S. v. Caldwell
reporters are allowed to protect the confidentiality of their sources
Wallace v. Jaffree
no moment of silence during class, even if non-denominational
Wilkinson v. Jones
indecent phone calls are not obscene, protected under 1st amendment
Wisconsin v. Yoder
can't require kids to attend public schools past 8th grade (Amish)
Gregory v. City of Chicago
impromptu assembly is protected (desegregation case)
City of Allegheny v. ACLU
no strictly religious seasonal displays allowed
Gitlow v. New York
initial conviction was upheld because it was advocating govt. overthrow, but free speech was still supported by the decision; opened door for applying Bill of Rights to states
Brown vs. Board of Education
declared state laws establishing separate public schools for black and white students unconstitutional.
Miranda vs. Arizona
Demands that the police inform the accused of their rights upon arrest
U.S. vs. Lopez
first United States Supreme Court case since the New Deal to set limits to Congress's power under the Commerce Clause of the United States Constitution.
Clinton vs. Jones
sitting President of the United States has no immunity from civil law litigation against him, for acts done before taking office and unrelated to the office
Abington Township School District v. Schempp
no daily Bible reading allowed
Coates v. Cincinnati
can't limit assembly to less than 3 people per corner
Stanley v. Georgia
people do have the right to possess obscene materials, just not to sell them
New York Times vs. Sullivan
established the actual malice standard which has to be met before press reports about public officials or public figures can be considered to be defamation and libel;
Reno vs ACLU
in which all nine Justices of the Court voted to strike down anti-indecency provisions of the Communications Decency Act (the CDA), finding they violated the freedom of speech provisions of the First Amendment.
Schenck v. United States
allows arrest if govt. can prove clear and present danger
Turner Broadcasting System v. FCC
cable not under same standards as broadcast TV
Minersville School District v. Gobitis
kids must say the pledge, soon reversed
Hopwood vs State of Texas
first successful legal challenge to a university's affirmative action policy in student admissions since Regents of the University of California v. Bakke, 438 U.S. 265 (1978).
New York Times Co. v. United States
right to publish Pentagon papers overwhelms prior restraint
Regents of University of California vs. Bakke
Holding that a state university could not admit less qualified individuals solely because of race, can't set quotas
McCollum v. Bd of Education Champaign IL
public schools can't be used for religious purposes during class period
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