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Landmark SC Cases 1
Landmark SC Cases
| Question | Answer |
|---|---|
| Weeks v. US | Established exclusionary rule, evidence gotten without a warrant isn't admissible in a federal court; 4th Amendment |
| Schenck v. United States | 1919--Case involving limits on free speech. Established the "clear and present danger" principle. |
| Gitlow v. New York (1925) | Established precedent of federalizing Bill of Rights (applying them to the states); states cannot deny freedom of speech --protected through due process clause of Amendment 14; speech can be limited if it promotes a dangerous tendency |
| Near v. Minnesota | the 1931 Supreme Court decision holding that the first amendment protects newspapers from prior restraint. Speech in print cannot be limited before it is printed. |
| Mapp v. Ohio (1961) | Extended the Exclusionary Rule (evidence obtained by searches and seizures in violation of the Fourth Amendment) to states by using the due process clause of the 14th Amendment. |
| Gideon v. Wainwright (1963) | Ordered states to provide lawyers for those unable to afford them in criminal proceedings. Used equal Protection clause of the 14th Amendment to apply 6th Amendment right to free counsel for those unable to afford to hire a lawyer. |
| Miranda v. Arizona (1966) | requires government agents to warn suspects of their right to remain silent and/or contact an attorney before questioning them when they are in custody. Statements made without Miranda Warning are inadmissible in court |
| Lemon v. Kurtzman (1971) | Established 3-part test to determine if establishment clause is violated: non-secular purpose, advances/inhibits religion, excessive entanglement with government. |
| Hazelwood v. Kuhlmeier (1988) | schools have the right to refuse speech that is inconsistent with 'the shared values of community standards, so long as their actions are "reasonably related to legitimate pedagogical concerns." |
| Hustler v. Falwell (1988) | The First Amendment prohibits public figures from recovering damages for intentional infliction of emotional harm unless the publication contained a false statement made with actual malice. |
| Texas v. Johnson (1989) | Flag-burning is symbolic speech with a political purpose and is protected by 1st Amendment. |
| DC v. Heller (2008) | upheld individual's right to bear arms. handguns, an entire class of arms that is commonly used for protection purposes, and prohibiting firearms from being kept functional in the home, the area traditionally in need of protection, violates the 2nd Amend. |
| Barron v. Baltimore (1833) | S C ruled that the due process clause of the 5th Amend did not apply to the actions of states. This limited the Bill of Rights to the actions of Congress. This is later be overturned when the SC began applying the B of R to states through the 14th Amend. |
| Engel v. Vitale 1962 | prayer cannot be led, required, composed or be made compulsory by school personnel. |
| Pennsylvania V. Schempp | Supreme Court decided that reading scripture was just as unconstitutional as prayer in school. |
| The Church of Lukumi Babalu Aye v. Florida | the justices concluded that governments that permit other forms of killing animals may not then ban sacrifices or ritual killings and found no compelling state interest that justified the abridgment of the freedom of religion, |
| McDonald v. Chacago 2010 | Arguing whether the 2nd Amend applied to state gun laws. SC decided that yes the 2nd Amend applies to state and local governments as well as federal. |
| Furman V. Georgia 1972 | SC found Georgia's death penalty freakish and random therefore in violation of curel and unusual punishment of the 8th Amendment |
Created by:
Mrs. Kaminski
Popular American Government sets