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GoPo Court Cases

Court Cases for Civil Rights unit

QuestionAnswer
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.
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
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.
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.
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."
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
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.
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.
Created by: kas0428