Landmark court cases

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<p>Slide 1</p> <p>CaseAmendmentIssuePrecedent Tinker v Des Moines School District 1stIs the school banning armband wearing, a form of symbolic protest, violating the freedom of speech?YesSymbolic speech (armbands) allowed in schoolCaseAmendmentIssuePrecedent Plessy v Ferguson 14th Is Louisiana's law mandating racial segregation on its trains an unconstitutional infringement on both the privileges and immunities and the equal protection clauses of the Fourteenth Amendment?Established separate but equal doctrineCaseAmendmentIssuePrecedent Engel v Vitale 1st (establishment clause)Does reading of nondenominational prayer at start of school day violate the establishment clause?School led prayer is unconstitutionalCaseAmendmentIssuePrecedent Texas v Johnson 1st (free exercise)Is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment?Allowed flag burning as symbolic speechCaseAmendmentIssuePrecedent Schenck v US 1st A socialist named Charles Scheck distributed anti-war materials in the mail. Are Schenck's actions (words, expression) protected by the free speech clause of the First Amendment?The Supreme Court found him guilty of posing a clear and present danger during wartimeCase involving limits on free speech. Established the "clear and present danger" principle.CaseAmendmentIssuePrecedent Lemon v Kurtzman1stDid the Rhode Island and Pennsylvania statutes violate the First Amendment's Establishment Clause by making state financial aid available to "church- related educational institutions"?Established guidelines for government aid to parochial/religious schoolsCaseAmendmentIssuePrecedent University of California v Bakke 14th Were quotas on racial University in admissions process unconstitutional?Did the University of California violate the Fourteenth Amendment's equal protection clause, and the Civil Rights Act of 1964, by practicing an affirmative action policy that resulted in the repeated rejection of Bakke's application for admission to its medical school?Reverse discrimination, quotas unacceptableCaseAmendmentIssuePrecedent Gideon v Wainwright6thAre states required to provide a lawyer to defendants who cant afford them in non-capital cases?Poor must be provided an attorneyRight to attorney/ counsel, regardless of eligibility to afford oneIn due process clauseCaseAmendmentIssuePrecedent Oregon v Smith1st (free exercise)Can a state deny unemployment benefits to a worker fired for using illegal drugs for religious purposes?Denied unemployment benefits for using peyote on the job for religious reasonsCaseAmendmentIssuePrecedent Miranda v Arizona5th &amp; 6thDoes police practice of interrogating individual without notifying them of their right to counsel and their protection violate self incrimination?Those arrested must be read their rightsCaseAmendmentIssuePrecedent Hazel v Kulmeier1stDid principals deletion of articles violate students rights under 1st amendment? School officials can limit students freedom of pressSchools are not required to promote particular types of student speech. CaseAmendmentIssuePrecedent Roe v Wade9th &amp; 14th Does due process clause of 14th protect right to privacy, individual rights to obtain abortion, and could states pass such abortion laws when they could violate the rights of citizens?Womens right to choose ruled constitutionalDue process protects the right to privacy, allowing abortion, disregarding state lawForbade state control over abortions during 1st trimester, some protection on 2nd, and protection of fetus on 3rd (states can ban abortion when mothers health is in danger)CaseAmendmentIssuePrecedent Brown v Board of Education14thWas the practice of segregation in public school really separate but equal?Desegregated public schools, overturned separate but equal doctrineCaseAmendmentIssuePrecedent Reynolds v US1st (free exercise)If religious freedom is guaranteed under 1st amendment and polygamy church doctrine, why not put under practice?Criminal acts may not be defended by freedom of religion claimsCaseAmendmentIssuePrecedent Mapp v Ohio4thWere the confiscated materials protected by the First Amendment? (May evidence obtained through a search in violation of the Fourth Amendment be admitted in a state criminal proceeding?)Extended exclusionary rule to state &amp; local levelsEvidence obtained in violation of the 4th cant be used in courtCaseAmendmentIssuePrecedent Snyder v Phelps1stDoes the First Amendment protect protesters at a funeral from liability for intentionally inflicting emotional distress on the family of the deceased?Public speech on public sidewalk is okay even if outrageousCaseAmendmentIssuePrecedent Kyllo v US4thDoes use of thermal-imaging device to detect relative amounts of heat emanating from private home constitute unconstitutional search?A search warrant is necessary for law officers to use thermal images against youCaseAmendmentIssuePrecedent Aderand v Pena5th &amp; 14th Does the 5th amendments guarantee of equal protection require the federal governments racial classification to withstand strict scrutiny?Racial classifications must pass strict scrutiny, which is applied to all race based classificationCaseAmendmentIssuePrecedent Gitlow v New York 1st &amp; 14this the NY law punishing advocacy to overthrow the government by force an unconstitutional violation of the free speech clause of the 14th?Incorporated 1st amendment free speech to states1st incorporation caseCaseAmendmentIssuePrecedent Griswold v Connecticut9th Is the right to privacy an unalienable right protected by the Bill of Rights?Give substance to privacy in the 9th amendmentRight to privacy is protected under extension of self-incrimination clause of 15th Prevents government from regulating abortionCaseAmendmentIssuePrecedent Hiibel v Nevada5thDid the arrest &amp; conviction for not telling the officer his name violate his 4th &amp; 5th rights?Suspects must identify themselves during police stopsCaseAmendmentIssuePrecedent Grutter v Bollinger14thDoes University of Michigan Law Schools use of racial preferences in student admissions violate Equal Protections Clause of 14th?Reaffirms Bakke decision that admission to Universities cant be based solely on raceRace was only one of the many factors considered to determine the applicants elegibilityCaseAmendmentIssuePrecedent McDonald v Chicago2ndDoes 2nd amendment apply to states incorporation by 14th amendments privileges &amp; immunities or due process clauses &amp; made applicable to states2nd amendment, right to bear arms, incorporatedCaseAmendmentIssuePrecedentSanta Fe v Doe1st (establishment)Does Santa Fe school districts policy permitting student led, student initiated prayer at football games violate the establishment clause?Student led prayer at football games is unconstitutionalCaseAmendmentIssuePrecedent benton v Maryland5thIs double jeopardy applicable to the states &amp; was Benton tried twice in this case?Incorporation into states of 5th amendment double jeopardy CaseAmendmentIssuePrecedent NY Times v Sullivan1stDid Alabamas libel law, by not requiring Sullivan to prove that an ad personally harmed him unconstitutional?Must prove malice to receive damages for libelLibel must be proven malicious &amp; disregardful of truthCaseAmendmentIssuePrecedent Edmonson v Leesville6thMay a private litigant in a civil case use preemptory challenges to exclude jurors based on race?Race based use of preemptory challenges violates 5ths due process Fair Jury of peersCaseAmendmentIssuePrecedent Kelo v City of New London5thDoes a city violate 5ths takings clause if the city takes private property and sells it for private development, with hopes that development will help the citys economy?Eminent domain may be used to take private property for economic development/ economic projectsCaseAmendmentIssuePrecedent Roper v Sims8thDoes the execution of minors violate the prohibition of cruel &amp; unusual punishment of 8th applied to states through incorporation doctrine of 14th?Minors may not receive death penaltyCaseAmendmentIssuePrecedent Cooper v Aaron10thAre state government officials bound to comply with Supreme Court rulings &amp; court orders based on Supreme Court interpretation?States must enforce Supreme Court decisions, even if they dont agree with themCaseAmendmentIssuePrecedent Printz v US10thMay Congress compel a state or local government to even temporarily implement and administer a federal regulatory program?Fed government cant force states to conduct background checks for gun purchasesCaseAmendmentIssuePrecedent Montejo v Louisiana 6thCan police use incriminatory evidence (Montejos letter) against someone if produced after being read his rights but before meeting lawyer?Defendant may waive his right to counsel for interrogationsLetter can be used as evidence because hed been read his rightsCaseAmendmentIssuePrecedent US v Nixon1st Is Presidents executive privilege absolute?President's not above the lawCant withhold evidence requested due to executive privilege CaseAmendmentIssuePrecedent Dred Scott v Sandford14thCan a slave be considered a citizen &amp; become entitled to all rights granted under US Constitution?Due process clause of 5th doesnt apply to freed slaves brought into free territories</p>