Court Cases for Civil Rights unit
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each of the black spaces below before clicking
on it to display the answer.
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| Barron v. Baltimore (1833) | Decided under John Marshall. Barron sued Baltimore to recover from his losses.
Question: Does the 5th amendment deny the states the right to take private property for public use w/o just compensation? No. BOR only applies to federal government.
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| Gitlow v. New York (1925) | Gitlow was a socialist who tried to distribute "left wing manifesto" that called for establishment of socialism through strikes and class action.
Question: Is the anarchy law punishing unconstitutional b/c of the 1st amendment? Incorporates 1st amdmt
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| Near v. Minnesota (1931) | Near published a scandal newspaper in which he attacked public officials. Minnesota figures obtained an injunction under a "gag" law. Declared unconstitutional because of prior restraint.
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| Palko v. Connecticut (1937) | Palko was convicted of second degree murder, then after an appeal was convicted of first degree murder.
Cardozo says that it's constitutional because he said that double jeopardy wasn't a fundamental right, and wasn't able to be incorporated.
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| Everson v. BOE (1942) | New Jersey funded buses to a Catholic school. Violation of establishment clause? No. Black said that busing and transportation was so divided from religion that it wasn't a violation. "General program."
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| Lemon v. Kurtzman (1971) What are the three aspects of the "Lemon test?" | Public funding for "church related educational institutions." Justice Burger said yes. Created Lemon test.
Must:
Have secular legislative purpose
Principal effects neither advancing nor inhibiting a religion
Not foster excessive entanglement
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| Wallace v. Jaffree (1985) | Alabama law authorized teachers to conduct prayer services and activities during the school day. Violation of establishment clause? Yes, because of secular purpose test.
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| Westside Community Schools v. Mergens (1990) | Westside High School denied a Christian club with the same privileges and meeting terms as other Westside after-school student clubs. Also lacked a faculty sponsor. Constitutional because it is a noncurriculum student group.
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