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court cases


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
Created by: rangerlove13