Landmark Supreme Court Cases 2 Flashcards

Terms Definitions
Marbury v. Madison
1803
Johnson
burned american flag
swann
Wanted to integrate schools.
Abington
bible reading/lords prayer before school
Engle v. Vitale
no school prayer
Lemon v Kurtzman
-"lemon test"
-for government involvement in religion it needs to be:
-secular in purpose
-neither advancement nor inhibition of religion
-no excessive government entanglement
Gideon
Was refused a court appointed attorney; ruled all people should be entitled to a court appointed attorney; 6th & 14th
Baker
They weren't redistricting for votes so the man took them to court and they redistricted ofcourse. (Amendment 14)
Gibbons V. Ogden
interstate commerce; defined "commerce" basically as any intermingling, gave up Supreme Court jurisdiction over ferry boat case. Government has implied and enumerated powers
Roe v. Wade(1973)
Established national abortion guidelines; trimester guidelines: no state interference in 1st, state may regulate to protect health of mother in 2nd, state may regulate to protect health of unborn child in 3rd. Inferred from right of privacy estab. in Griswald v. Conn.
Mapp
Evidence that is obtained illegally may not be used against a person in court. This is known as the "exclusionary rule". 4th amendment
United States v. Lopez (1995)
Court: Rehnquist
Category: Federalism/Separation of Powers
Issue: Is the 1990 Gun-Free School Zones Act, forbidding individuals from knowingly carrying a gun in a school zone, unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause?
Decision: Since the possession of a gun in a local school zone is not an economic activity that might, have a substantial effect on interstate commerce, Congress did not have the right to pass this act.
Adarand v. Pena (1995)
Court: Rehnquist
Category: Civil Rights/Racial Equality
Issue: Is the presumption of disadvantage based on race alone, and consequent allocation of favored treatment, a discriminatory practice that violates the equal protection principle embodied in the Due Process Clause of the Fifth Amendment?
Decision: Overruling Metro Broadcasting (497 US 547), the Court held that all racial classifications, whether imposed by federal, state, or local authorities, must pass strict scrutiny review.
Reynolds v US
-polygamy outlawed
-free exercise of religion limited if it doesn't abide by law
plessy v ferguson
seaporate but equal is good
established seaporation
Jaffree
Wanted moment of silence out of schools; ruled it was a violation of the 1st amendment and he won
McCulloch v. Maryland (1819)
[Marshall Court]
State Taxes, National Supremacy
Constitutional Principle:
- Federalism
- National power
- The judiciary
Why Decision is Important:
- Supported the use of the elastic clause to expand federal power
- Established the principle of national supremacy - that the Constitution and federal laws overrule state laws when the two conflict
In re Gault
Due Process extends to Juveniles
Lemon V. Kurtzman
States cannot "excessively entangle" themselves with religion by paying religious school teachers, must maintain separation of church and state.
Reynolds
Sims wanted more senate to represent Alabama
marbury v madison
ughm...ppl sued for their positions;decided power of the supreme court
Roe
(1973) legalized abortion on the basis of a woman's right to privacy
McConnell V. FEC
Upheld 2002 campaign finance reform.
Dartmouth v. Woodward
Supreme Court case which protected contracts and businesses from state control and allowed future corporations to escape public control
Schenck
told people that was drafted to the military not to go
Employment Division, Department of Human Resources of Oregon
v. Smith (1990)
Court: Rehnquist
Category: 1st Amendment = Religion
Issue: Can a state deny unemployment benefits to a worker fired for using illegal drugs for religious purposes?
Decision: An individual's religious beliefs do not excuse him from compliance with an otherwise valid law prohibiting conduct that government is free to regulate.
Citizens United v FEC
-corporate funding of independent public broadcasts of candidate elections cannot be limited under 1st amendment
-corporate = people.. therefore allowed free sepech
roper v simmons
death penalty is unconstitutional if you are under the age of 18
Tinker v Des Moines
first amendment, freedom of expression
Planned Parenthood of Southeastern Pennsylvania et al. V. Casey (1992)
[Rehnquist Court]
Constitutional Principle:
- Civil liberties
- Rights of women
Why Decision is Important:
- Struck down the portions of a Pennsylvania law requiring (1) that a woman seeking an abortion must wait 24 hours between being informed about the procedure and having it performed and (2) that a married woman must inform her husband that she planned to have an abortion
- Upheld the portion of the law requiring minors to inform their parents before having an abortion
Lee v Weisman
Inviting Religous officials to make speeches (eg. graduation) is UnConstitutional
New Jersey V. TLO
4th amendment protects against unreasonable searches, but schools can perform these searches; girl has drugs in her purse. school searches it and finds it. she tries to claim its unconstitutional. Supreme Court says search is reasonable because of reasonable suspicion and probable cause
Engel
kids were made to pray everday; Engel reported it - violated first amendment
mcculloch v. Maryland
established the princliple of applied powers through the a broad inter of the consti.
Plessy v. Ferguson(1896)
Seperate but equal facilities based upon race is constitutional
Baker v. Carr
One person one vote-state elections (Warren Court's judicial activism.), 1962
Wisconsin v. Yoder
(1972) Parents may remove children from public school for religious reasons
Wallace
Moment of Silence was taken out of schools
Miranda vs Arizona (1966)*
Self-Incrimination - No person compelled in any criminal case to be a witness against himself nor be deprived of life, liberty, or property, without due process of law. Miranda was charged with several crimes, and was not informed of his rights prior to police interrogation. The Court ruled 5-4, that the prosecution could not use Miranda's confession because the police did not inform him of his rights. This began procedural rulings called the "Miranda Rights" which is "the right to remain silent," and continue with the statement that "anything said can and will be used against in a court of law."
US V. Nixon
President is entitled to receive personal advice but may be required to reveal material related to a criminal prosecution.
Buckley v. Valeo
Government restrictions on spending on your own campaign were unconstitutional violations of 1st amendment. ARE limitations on giving contributions.
Roper v. Simmons
Execution of offenders for crimes committed while under the age of 18 is unconstitutional
William Rehnquist, 1989, burning the American flag - Determined that such behavior is protected by the 1st Amendment. Government may not prohibit the expression of an idea simply because society finds the idea offensive.
Texas v. Johnson
Korematsu v. United States
During war, Congress/military may do as it wishes within reason
Lemon v. Kurtzman (1971)
Established 3-part test to determine if establishment clause is violated; non-secular purpose, advances/inhibits religion, excessive entanglement with government
Kelo v. City of New London (2005)
Court: Rehnquist
Category: Federalism/Separation of Powers
Issue: If a city takes private property and sells it for private development to help the economy, does this violate the Fifth Amendment's takings clause.
Decision: The Fifth Amendment's taking clause specified 'public purpose," such as the economy.
miranda v arizona
1966. Miranda was arrested for rape and confessed to it after intence police questioning. Later, he claimed he wasnt aware of his rights, (he didnt know he had the right to remain silent).
Marbury v Madison (1803)
Jefferson ordered his secretary of state, James Madison, to not deliver the official documents that granted Marbury his position. Marbury appealed to the Supreme Court and ask for a 'writ of mandamus.'
Powell v Alabama
-defendants have to be provided with ADEQUATE defense for every case
US v morrison
violence against women act- women can sue on a national level and get money
unconstituttional at a national level
Plessy
he tested the law in new orleans and tried to ride on the white train. he was only 1/8 black but still kicked off. majority decided against plessy "seperate but equal" amendment #14. 1896
Roe v. Wade (1973)
State laws against abortion were unconstitutional.
Buckley v Valeo
Campaign Funding is a form of protected speech; there is still a limit on campaign money
Brown v. Board of Education
Seperate but equal doctorine ABOLISHED
New York Times V. Sullivan
1964; established 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 w/ "actual malice" and reckless disregard for the truth
Yoder
Amish people dont have to go to high school so they'll drop out and work
swan v Charlotte- mechlenburg country
busing to create equal schools
Schenck v. United States(1919)
declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.
Wesberry v. Sanders
One person, one vote (in redistricting for federal elections, each congressional district was to be approximately the same) In Georgia, the 5th district had 3 to 4 times more people than did the other districts, 1964
texas v johnson
set the limitations for burning an american flag .
Dred Scott
Was a slave, he lived Missouri, then moved where slavery was illegal, then back to Missouri, when his owner died he sued court and protested he was a free slave but he did not win the case. (atricles 3 & 4)
Gibbons vs Ogden (1824)*
Commerce Clause -Congress can regulate Commerce between foreign Nations and within the States. New York state gave two individuals the exclusive right to operate the steamboats. This required a certain owner who did business between New York and New Jersey forcing him to obtain a special permit. The Court, ruled 6-0, found that New York's special licensing was invalid due to the Supremacy Clause and Commerce Clause. This was one of the first cases dealing with interstate commerce.
Dred Scott Case
Slavery may not be banned in territories and slaves are considered property.
Plessy v. Ferguson
Persons of different races may be legally "seperate but equal"
Bush v. Gore
Recounting ballots in Florida had to stop because they were different.
Epperson v. Arkansas
In line with the establishment clause, the court prohibited the states from banning the teaching of evolution in public schools
Earl Warren, 1966, 14th Amendment - Origin of "Miranda rights". One of the most controversial decisions of the Warren court.
Miranda v. Arizona
abington school district v. schempp
overturned law requiring Bible reading and prayer as a violation of the First Amendment
NAACP v. Alabama (1958)
1st Amendment of freedom to assemble protected. Preserved the privacy of membership lists
New Jersey vs. T.L.O.
Smoking in the bathroom at school. School won. 4th amendment. 1985
Griswold v. Connecticut
In stating a "right to privacy," the Court determined that a married couple's decision to use birth control was a personal decision and not subject to government regulation.
Tinker v. Des Moines 1969
Ruled that schools needed to demonstrate the possibility of substantial distribution before they can limit students free speech
Westside Community Schools v Mergens
-schools can hold religious classes but the sponsor could not be paid, or it would be a true endorsement of religion
Wisconsin v Yoder
Amish children can't be forced to go to school past eigth grade as it violates their Religous freedom
Texas vs. Johnson (1989)
Burning the American flag, freedom of expression; 1st amendment.
Plessy v. Ferguson (1896)
an 1896 Supreme Court decision which legalized state ordered segregation so long as the facilities for blacks and whites were equal (separate but equal)
Gideon v. Wainwright(1963)
Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay.
Tinker v. Des Moines
Black arm bands allowed in school (Vietnam War), 1969
Ford v. Wainwright
(1986) Upheld the common law rule that the insane cannot be executed.
Everson vs Board of Education
Establishment Clause - means you cannot promote or demote one religion over the other via legislation. Equal Protection Clause- Rights of ordinary citizens can't be hampered by laws. In New Jersey, a tax payer complained about taking tax money and spending it in reimbursing children who took buses in public and private Catholic schools. In a very split 5-4 ruling, the court ruled that the reimbursements were constitutional, since they were available to all and the states were not trying to promote anything. (The case ruled the First Amendment IS against the states as well)
Texas V. Johnson
There can be no law banning flag burning.
Escobedo v. Illinois
Ruled that a defendant must be allowed access to a lawyer before questioning by police.
santa fe school district v. doe
Establishment Clause. prayer at school related events violated Establishment Clause
McClesky v. Kemp (1987)
the death penalty does not violate the 14th amendment equal protection clause
casey v planned parenthood
woman ha sthe right to have an aboriton
concent from the hubs is unconstitutional
children having concent of their parents is constitutional
West Virginia v Barnett
Not required to say the Pledge of Allegiance
Everson v. Board of Education
stat permitted use of public school buses to bring students to Catholic school
Vernonia School District v. Acton
Random drug testing of athletes does not violate the search and seizure clause of the fourth amendment
U.S. V. Lopez
Possession of a gun near school is not an economic activity that has a substantial effect on interstate commerce. A law prohibiting guns near schools is a criminal statute that does not relate to commerce or any sort of economic activity.
U.S vs Nixon (1974)
The Executive Power shall be vested in the President of the United States and has executive privileges. A grand jury in the Watergate affair sought audio tapes of conversations recorded by Nixon in the Oval Office. Nixon asserted he was immune from this via Executive privileges. The Court ruled , 8-0, that there was a limited executive privilege and that the president must give preference to "the fundamental demands of due process of law."
Webster V. Reproductive Health Services
States may ban abortions in public hospitals. Doctors may test fetsuses
Shaw v. Reno
The Court ruled that although it was a legitimate goal for state legislatures to take race into account when they draw electoral districts in order ot increase the voting strength of minorities, they may not make race the sole reason for drawing district lines.
Bethel School District v. Fraser
Is the freedom of speech limited in school? Yes
Boy Scouts of America v Dale
-Boy Scouts can ban homosexual troop leaders because as a private organization they have the right to define their own membership
Vernonia School District v Acton
Random drug testing of athletes by a school is protected
Regents of the University of California vs. Bakke (1978)*
Equal Protection Clause - The states cannot promote or abridge the rights of US citizens. Allan Bakke had applied for the U of California Medical School and was rejected both times. He claims its due to race that his admission was rejected. The Court ruled a split decision; Powell said one thing, and two teams were split on his decision. In the end, 5-4, the school was forced to admit Regents due to the fact their system worked as a "quota". (This case also revealed that if schools were to use race as a criteria for higher education, it would be allowed)
Tinker v. Des Moines Independent Community School District (1969)
Ruled that certain kinds of nonverbal communication can be protected under the 1st Amendment
Brown v Board of Education; 1954
segregation has no place in the public schools and is a violation of the 14th amendment; reversing Plessy v Ferguson
Abington Township vs. Schempp (1963)
In PA, students were made to read The Lord's Prayer and 10 verses out of the bible everyday; Supreme Court ruled that that it went against 1st amendment .
heart of atlanta motel v. united states
congress can use its power to regulate interstate commerce to strike down racial segregation
Church of the Lukumi Babalu Aye v. City of Hialeah (1993)
The Court found laws passed by four Florida cities banning animal sacrifice were targeted at the Santeria religion, which employs animal sacrifice in prayer, and as such the laws were unconstitutional.
Cooper v. Aaron
1958
Rode
Texas residents wanted abortion
Benton V. Maryland
no double jeopardy
Buckley v. Valeo (1976)
Court: Burger
Category: Gerrymandering/Political Process
Issue: Did the limits placed on electoral expenditures by the Federal Election Campaign Act of 1971, and Internal Revenue Code of 1954, creating limits on the amount of money an individual could contribute to a single campaign and requiring the report of contributions above a certain amount, violate the First Amendment's freedom of speech and association clauses?
Decision: Restrictions on individual contributions to political campaigns and candidates did not violate the First Amendment since the limitations of the FECA enhance guard against unscrupulous practices. Governmental restriction of independent expenditures, the limitation on expenditures by candidates from their own resources, and the limitation on total campaign expenditures did violate the First Amendment, since these practices do not necessarily enhance the potential for corruption that individual contributions to candidates.
brown v board
seaporate but equal=bad
ended segregation in schools
Marbury
election 1800, incumbunt didnt win. article #3. Judicial reviews.1803
tlo
resisted letting her principle search her purse after being caught in the bathroom smoking
Reed v. Reed (1971)
Any arbitrary gender-based classifications violated the equal protection clause
Hamdan v. Rumsfeld (2006)
Court: Roberts
Category: Due Process/Rights of the Accused
Issue: May the rights protected by the Geneva Convention be enforced in federal court through habeas corpus petitions? Was the military commission established to try Hamdan and others for alleged war crimes in the War on Terror authorized by the Congress or the inherent powers of the President?
Decision: Neither an act of Congress nor the inherent powers of the Executive laid out in the Constitution expressly authorized the sort of military commission at issue in this case, but the Geneva Convention could be enforced by the Supreme Court, because it is a part of the ordinary laws of war and the statutory Uniform Code of Military Justice. Hamdan's exclusion from certain parts of his trial deemed classified by the military commission violated both of these, and the trial was therefore illegal.
schenk v u.s.
espionage act-speech. flyers agaisnt world war 1. clear and present danger test, imminent lawless action
Reno v ACLU
-Communication Decency Act is unconstitutional
-restricting adult access to indecent material in the course of attempting to restrict access to minors is unconstitutional
dred scott v sanford
dred scott=property
african americans cannot bring forth a lawsuit
Wisconsin
school till their 16 parents were refusing due to religion. ruled in favor of the amish. amendment 1 1972
Reynolds vs. Sims
Alabama. 2nd aportionment. Redrawing the district lines. 8 to 1 to redraw the lines. 14th amendment. 1964
Ingraham v Wright
schools may use corporal punishment under specific guidelines that do now show physical abuse; 8th/14th amendment
wallace v jaffree
Alabama. Jaffree a muslim, felt uncomfortable during the silent meditation and voluntary prayer done everyday at school and claimed that it established a religion. Court ruled that the law was unconstitutional
kyllo v US
thermal imaging= illegal search 4th amendment search and seizure
Roe v. Wade (1973)
[Burger Court]
Abortion, Right of Privacy
Constitutional Principle:
- Civil liberties
Why Decision is Important:
-Ruled that state laws that criminalize abortion are unconstitutional
Boy Scout of America v Dale
Freedom of Association
schempp
The town didn't want the kids reading the bible in school.
Gitlow V. NY
freedom of speech limits; Gitlow writes left wing manifesto, violates state anarchy law. Supreme Court says its okay, states can punish those who endanger government.
Craig V. Boren
Gender Discrimination can only be justified if it serves important government objective and is substantially related to that objective.
Lee v. Weisman
Public school graudations may not include a member of the clergy who gives a prayer.
Morse v. Frederick
schools can prohibit students from displaying messages that promote illegal drug use because it is against the school's "mission"
New Jersey v. T.L.O.
In a school setting, administrators must reasonable evidence to search someone
U.S. v. Nixon (1974)
Allowed executive privilege, but not in criminal cases; "even the president is not above the law"; Watergate
Gonzalez v. Carhart/Planned Parenthood (2007)
Court: Roberts
Category: Right of Privacy
Issue: Is the Partial-Birth Abortion Ban Act of 2003, declaring any abortion in which the death of the fetus occurs when "the entire fetal head or any part of the fetal trunk past the navel is outside the body of the mother," an unconstitutional violation of personal liberty protected by the Fifth Amendment because the Act lacks an exception for partial-birth abortions necessary to protect the health of the mother?
Decision: Congress's ban on partial-birth abortion was not unconstitutionally vague and did not impose an undue burden on the right to an abortion.
Wisconsin vs. Yoder
Amish people. Required all kids to attend public school until the age of 16. Ruled in favor of the Amish people. 1st amendment. 1972
Grutter v. Bollinger
Because the Law School conducts highly individualized review of each applicant, no acceptance or rejection is based automatically on race and this process ensures that all factors that may contribute to diversity are meaningfully considered alongside race. This procedure is legal.
Gonzalez v Raich
-under the commerce clase, the US congress may criminalize the production and use of homegrown marijuana even if approved for medical purposes
-dangerous because it could endorse illegal drug trafficking
gitlow v new york
incorporation case for freedom of speech
protected by due process
Regents of Univ Cal. v Bakke
equal access to minorities
Lawrence v Texas
Consenting adults have a right to sexual behaviour in their home
Madison
A president was going out and gave the new president a job but he didn't show up in time to get it. (Article 3)
Miranda vs. Arizona (1966)
Set guidelines for police questioning of accused persons to protect themselves against self-incrimination; "Miranda Rights"
Engel v. Vitale (1962)
banned formal prayer in schools, goverment would not make any religion the 'official' religion.
Korematsu v. United States(1944)
Court decision that upheld as constitutional for the interment of more than 100,000 Americans of Japanese descent in encampments during World War II.
Davis v Monroe
a 5th grade student was sexually harassed by a boy in her class everytime it happened she told the teacher and her mom at the time they didn't think it was that big of a deal but it kept happening. her grades started to drop because of it. the court ruled that it was a violation of privacy and the the school should have acted on it. (privacy and 14th amendment)
Reno v. ACLU
internet --> can not sensor for minors, 1997
Weeks v. U.S.
The courts held that evidence obtained illegally by federal officers can not be used in the federal courts.
United States vs Nixon.
Watergate scandal. Was running for reelection. He sent spies to hotel rooms to see what people were going to use in the next election. He recorded conversations with spies. Ruled that Nixon was guilty. Supreme court told him to hand over the tapes. 2 Article. 1974
Zorauch v. Clauson
Students can be released from public schools to attend religious schools.
Escobedo v. Illiniois
Absoloute right to remain silent and to have counsel present during interrogation by police.
Civil Rights Cases (1883)
Judged that racial discrimination by private persons did not place the "badge of slavery" of African Americans, nor did it keep them in servitude. Ruled that neither Congress nor the Court has the powers to deal with private acts of discrimination.
Tinker v. Des Monies
symbolic speech in schools is constitutional if it doesn't threaten the safety/ doesn't disrupt teaching times Ex: Arm Bands in School
John Marshall, 1816, Supreme Court authority over state courts - Supreme Court has ultimate authority to review and overturn the decisions of the state courts. First case to assert this.
Martin v. Hunter's Lessee
Morse v Frederick 2007
should a student poster "bongs for Jesus" be be acceptable as a 1st amendment "freedom of speech / expression similar to Tinker v Des Moines decision on "symbolic speech"? No.. schools have the right to sensor "drug related" speech at a school sponsored event;
Miranda v. Arizona
Since the police had not informed Mr. Miranda of his constitutional right to keep silent, his rights were violated and conviction was set aside.
DC v Heller
-For the first time in seventy years, the Court heard a case regarding the central meaning of the Second Amendment and its relation to gun control laws
- In a 5-4 decision, the Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home. The Court based its holding on the text of the Second Amendment, as well as applicable language in state constitutions adopted soon after the Second Amendment.
employment division v smith
Can a state deny unemployment benefits to a worker fired for using illegal drugs for religious purposes?the new text says as long it doesnt single out or band religion, it can apply to conduct even if is religiously inspired.
Near V. Minnesota
Freedom of the press applies to state governments, so that they cannot impose prior restraint on newspapers.
U.S vs Lopez (1995)
Commerce Clause - Congress has power to regulate commerce within the states. Alfonzo Lopez, a high school student, carried a concealed firearm into his school. The state then charged him with firearm possession on school premises charges. Then, the government charged him with violating the Gun-Free School Zones Act of 1990. Lopez argued this was unconstitutional because Congress could use this because it didn't relate to commerce. In a 5-4 ruling, the Court ruled that the "gun holding" was not a economic activity and had nothing to do with interstate commerce. This restricted Congress's power under the Commerce Clause.
Dred Scott v. Sanford
Slaves are personal property of their owners; they have no rights unless granted by owner
Loving v. Virginia
White man and black woman married in DC, and came back into Virginia. Living in VA as a married couple was illegal. This violated the equal protection clause
Texas v Johnson 1989
is burning of the American flag a protected form of "symbolic" political speech under the 1st amendment? Yes, the Texas law was overturned as a right to petition and expression
Tinker vs. Des Moines School
spoke out against war. wore black armbands during Christmas. removed from school. Ruled in favor of kids. 1st amendment. 1969
Everson v Board of Education
-government can provide for busing to religious cause
Griswold v. Connecticut (1965)
Found a "right to privacy" in the Constitution that would ban any state law against selling contraceptives.
Engel vs. Vitale (1962)
A school in NY made kids pray everyday; 6:1 ruled in favor of Engle. 1st Amendment: "free exercise law & establshment clause"
Abington School District v. Schempp (1963)
overturned law requiring Bible reading and prayer as a violation of the First Amendment
Owasso Independent Schools v Falvo
a boy that was slightly mentally challanged was teased at his school for getting bad grades the only reason they knew about it was through peer grading his family felt it was a violation of privacy the court ruled that it was constitutional as long as it wasn't a major grade. (privacy)
gideon v wainwright
you must be appointed a lawyer if you cannot afford one
Zelman vs Simmons - Harris (2002)
Establishment Clause- No laws can promote or demote certain religions or prohibiting expression of it. Ohio State had made certain vouchers available so that students can attend schools of their choosing. Most of the aid went to schools with religious affiliation. In a 5-4 Court decision, the Court ruled the program did not violate the Establishment Clause because it was deliberate private choice that the parents sent them to schools with religious affiliation.
Plessy vs. Ferguson
1/8 black man rode on a white train. 1896
New York Times v. United States
Pentagon Papers.
Can not use prior restraint unless national security was at risk.
Board of Education v Pico 1982
could a public school board remove books from a school library because of the books "unpopular" points of view, language and topic? The court said "no" under the 1st amendment, freedom of the press and expression
bakke v university of california
bakke applied to school twice but got rejected both times
strict scrutiny
reverse descrimination
cannot have a quota system
Korematsu v. United States (1944)
During World War II, the military had the authority to exclude citizens of Japanese ancestry from areas deemed critical to national defense and potentially vulnerable to espionage. Korematsu remained in San Leandro, California and violated this. The Court sided with the government and held that the need to protect against espionage outweighed Korematsu's rights. Justice Black argued that compulsory exclusion, though constitutionally suspect, is justified during circumstances of "emergency and peril."
Abington School District vs Schempp (1963)
Establishment Clause - No law can promote one religion over the other. Free Exercise Clause - You have the right to freely express your religious beliefs. Edward Schempp filed a suit against the school district about a Pennsylvania law where students in public schools were required to read at least 10 verses from the Bible and the school district required students to recite the Lord's Prayer. The Supreme Court, in n 8-1 decision, the court ruled that the school's policies violated the Free Exercise and Establishment Clauses since the readings essentially were religious ceremonies, despite the fact you can get a note to excuse yourself.
Schenck vs. United States (1919)
-world war 1. socialist party tried to get people to resist the draft
-unanonymous guity of espinoge act
-1st amendment
Wabash, St. Louis, & Pacific Railroad v Illinois
removed power from states to regulate railroad rates, led to creation of Interstate Commerce Commision
Citizens United vs Federal Election Commission (2010)
Free Speech - There should be no constitutional burden place upon people to express themselves. The BCRA had many restrictions to communications. Citizens United didn't want the BCRA to be applied to the Hillary: The Movie. The Citizens United claim the BCRA was violating the First Amendment. The court rearguing this, in a 5-4 decision, said, overruling Austin v. Michigan and parts of McConnell v. FEC, that corporate funding of independent political broadcasts in candidate elections cannot be limited.
Santa Fe Independent Schools v Jane Doe
a school was saying a prayer before home football games over the speaker and someone took it to court it was ruled unconstitutional because it was forcing people to pray and it could have not been their religion. (freedom of religion)
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