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court cases
janousky
| Question | Answer |
|---|---|
| Barron v Baltimore (1833) | Bill of Rights restrained only the national government |
| Engle v Vitale (1962) | state officials violated 1st amendment when they wrote a prayer to be recited by New York’s school children |
| Gideon v Wainwright(1963) | anyone accused of a felony where imprisonment may be imposed, has the right to a lawyer |
| Gitlow v New York (1925) | freedoms of press and speech are “fundamental personal rights and liberties protected by the due process clause of the 14th amendment from impairment by the states” |
| Gregg v Georgia (1976) | death penalty, not cruel and unusual punishment |
| Lemon v Kurtzman (1971) | -aid to church-related schools must have (1) a secular legislative purpose (2)have a primary effect that neither advances nor inhibits religion (3) not foster excessive government entanglement with religion |
| Mapp v Ohio (1961) | 4th amendment’s protection against unreasonable searches and seizures is extended to the states |
| McCleskey v Kemp (1987) | death penalty, violated the 14th amendment because minorities were more likely to be executed then whites |
| Miami Herald Publishing Company v Tornillo (1974) | state could not force a newspaper to print replies from candidates it had criticized |
| Miller v California (1973) | avoided defining obscenity |
| Miranda v Arizona(1966) | sets guidelines for police questioning of accused to protect them against self-incrimination and the right to counsel |
| NAACP v Alabama (1958) | right to assemble peacefully, NAACP did not have to reveal its membership list |
| Near v Minnesota (1931) | 1st amendment protects newspapers from prior restraint (censorship) |
| Planned Parenthood v Casey (1992) | allowed abortion |
| Red Lion Broadcasting Company v Federal Communications Commission (1969) | upheld restrictions on radio and tv broadcasting, ex: accurate coverage |
| Roe v Wade (1973) | allowed abortion but with limits 1st trimester=allowed 2nd=limites 3rd=no abortion |
| Roth v United States (1957) | “obscenity is not within the area of constitutionally protected speech or press |
| Schenck v United States (1919) | limit speech if speech provokes a “clear and present danger” |
| School District of Abington Township v Schempp (1963) | PA requiring Bible reading=unconstitutional |
| Texas v Johnson (1989) | made flag burning legal |
| New York Times v Sulivan (1964) | public officials and public figures could win damage suits for libel, individuals must prove that the statements were made with “actual malice” and reckless disregard for the truth |
| Zelman v Simmons Harris (2002) | upheld a state providing families with vouchers that could be used to pay tuition at religions schools |
| Zurcher v Stanford Daily (1978) | search warrant can be applies to a newspaper as well as to anyone else without violating 1st amendment |