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Cases 101
Gov Test Cases
| Question | Answer |
|---|---|
| Everson v. Board of Education | parents reimbursed for paying for bus transportation |
| Engel v. Vital | NY Board of Regents wrote prayer to be recited by every student-unconstitutional |
| Lemon v. Kurtzman | policy must be secular, primary effect neither advances nor inhibits religion, must avoid "excessive entanglement" of goverment & religion |
| Wallace v. Jaffree | teachers could not conduct voluntary prayer during the moment of silence |
| Lynch v. Donnelly | religious displays acceptable if contain some secular symbols |
| Lee v. Weisman | graduation prayers are a coercion of religion |
| Santa Fe v. Doe | sponsored prayer at high school football games is coercion of religion |
| Minersville v. Gobitis | court upheld mandatory flag salute (Jehovah's Witnesses) |
| W. VA v. Barnette | overturned Minersville, forced salute was a form of utterance & unconstitutional |
| Oregon v. Smith | the Native American Church could not break state laws for religious purposes |
| Church of Lukimi Babalau Aye v. Hialeah | illegal to kill an animal not for food, "supressed more religious conduct than was necessary" |
| Near v. Minnesota | keeping a newspaper from publishing something is unconstitutional, no prior restraint, incorporates free press to all states |
| NY Times v. U.S. | Pentagon Papers did not pose a threat to national security as Nixon claimed |
| Hazelwood v. Kuhlmeier | prior restraint of student press by school administration is constitutional |
| Schenck v. U.S. | speech that presents a "clear and present danger" is not protected |
| Gitlow v. NY | subversive speech is not protected from government regulation "dangerous tendency test," incorporates freedom of speech to the states |
| Dennis v. U.S. | seditious speech to overthrow the government was not protected, Smith Act was constitutional, upheld charges on communists |
| Brandenburg v. Ohio | KKK portests-speech must be directly related to imminent lawless action to be suppressed not just advocacy of action |
| Miller v. CA | test for obscenity in speech if the community standard find that: the average person would find the speech or work appeals only to prurient interests, the work is patently offensive, the work taken as a whole lacks value |
| Bethel v. Fraser | 1st amendment does not prevent school officials from banning lewd speech that would undermine the school's basic education mission |
| Buckley v. Valeo | campaign contributions to your own campaign is free speech |
| Reno v. ACLU | struck down internet law which banned child access to pornography as a violation of adult's 1st amendment rights |
| Tinker v. Des Moines | school banned black armbands that protested the Vietnam War, ruled NOT disruptive to the education process, "closely akin to pure speech" |
| Texas v. Johnson | flag burning is protected under the 1st amendment (ruled twice) |
| Schenck v. Pro Choice Network | floating buffer zones around abortion clinics offend free speech |
| RAV v. St. Paul | cross burning is not one of the categories of speech that can be limited |
| U.S. v. Miller | registration of sawed-off shotguns-constitutional |
| Printz v. U.S. | federal government can't compel states to administer federal regulatory programs via Brady Bill |
| D.C. v. Heller | law restricted ownership of handguns & required them to be kept unlocked (unconstitutional), challenged Firearms Control Regulations Act of 1975 |
| McDonald v. Chicago | purpose of self-defense applicable to the states |
| Katz v. U.S. | there can be no use of wiretaps without a warrant, 4th amendment protects people-not the place, overruled Olmstead v. U.S. |
| Weeks v. U.S. | EXCLUSIONARY RULE: if evidence violated the 4th amendment & it was illegally seized it could not be used at trial |
| Wolf v. Colorado | states didn't have to follow Weeks, incorporated no unreasonable search & seizure clause |
| Mapp v. Ohio | incorporated exclusionary rule, reverses Wolf, probable cause or evidence excluded |
| Terry v. Ohio | Terry search-able to frisk & stop search for weapons, reasonable suspicion |
| Minnesota v. Dickerson | pat-down search for contraband allowed if behaving suspiciously |
| Chimel v. CA | arrest warrant is limited to area under the person's immediate control, cannot search house |
| U.S. v. Leon | if probable cause information is correct, police may search on "good faith" |
| New Jersey v. T.L.O. | school officials don't need a warrant to search the belongings of students, but they require a "reasonable suspicion" |
| Skinner v. Railway Laborers | federal transportation works can be drug tested due to assurance of railroad safety |
| Chandler v. Miller | election candidates can't be drug tested without a warrant |
| Vernonia v. Acton | high school student athletes can be drug tested for safety, diminished expectation of privacy |
| Potowatamie v. Earls | all student activities participants can be drug tested, diminished expectation of privacy |
| U.S. v. Ross | probable cause to suspect drugs/contraband, may search entire car |
| CA v. Acevedo | search of container in trunk allowed with probable cause, diminished expectation of privacy for cards |
| Maryland v. Wilson | can search passengers of cars |
| Wyoming v. Houghton | can search personal items |
| Knowles v. Iowa | search of a car not allowed with arrest or probable cause |
| Illinois v. Caballes | don't need probable cause to use a K9 |
| Fl v. Bostick | okay to search passengers' luggage with consent |
| Bond v. U.S. | cannot manipulate luggage |
| Escobedo v. Illinois | information obtained unlawfully in an interrogation can't be used in court, coerced confession |
| Miranda v. Arizona | set procedural safeguards after arrest, Miranda rights |
| Davis v. U.S. | request for lawyer must be clear |
| Dickerson v. U.S. | Miranda applied to federal & state, Miranda may not be overruled by act of Congress |
| Missouri v. Seibert | okay to admit statements made before Miranda warning if made again after warning |
| Kelo v. New London | eminent domain seizure for "public good" |
| Powell v. Alabama | incorporated right to counsel in capital cases |
| Gideon v. Wainwright | incorporated right to counsel in felony cases to states, overturned Betts v. Brady |
| Korematsu v. U.S. | during wartime, government may take extreme measures that deny due process |
| Sheppard v. Maxwell | if a judge doesn't have control of the courtroom, no fair trial |
| Robinson v. CA | substance users imprisoned, incorporates the cruel & unusual punishment clause |
| Furman v. GA | GA death penalty-cruel & unusual punishment, all states suspend death penalty for 4 years |
| Gregg v. GA | death penalty back in most states, arbitrary application of death penalty corrected |
| Buchanan v. Angelone | litigating circumstances-abused as child, no in sentencing, not violate 8th amendment |
| Atkins v. VA | execution of mentally retarded people is cruel & unusual punishment |
| Roper v. Simmons | no death penalty if under 18 |
| Griswold v. Conn | amendments had penumbras, struck down 1879 birth control law, marital privacy under 3,4,5 amendments, zones of privacy, 14th amendment applies to state through due process |
| Roe v. Wade | struck down Texas abortion law that said life begins at conception |
| Webster v. Reproductive Health Services | upheld a state's ban on use of public facilities or employees for abortions, states can require viability testing after 20 weeks |
| Planned Parenthood of S.E. P.A. v. Casey | woman's right to abortion affirmed, 24 hour waiting period, parental consent if under 18, judicial bypass, undue burden, test-don't need husband's consent |
| Bowers v. Hardwick | challenged GA sodomy law as violating the right to privacy-no fundamental right for homosexual sodomy, upheld GA law |
| Lawrence v. Texas | right to self-determination, struck down Texas sodomy law, overturned Bowers |
| Cruzan v. Mo. Department of Health | due process does not require states to accept family members' decisions without patient informed consent |
| Vacco v. Quill | prohibition of assisted suicide doesn't violated the 9th/14th amendment |
| Plessy v. Ferguson | separate but equal facilities |
| Brown v. Board of Education | separate is not equal in educational facilities |
| Heart of Atlanta Motel v. U.S. | Civil Rights Act of 1964, applied law to hotels, motels, etc using interstate commerce clause |
| Loving v. VA | state laws prohibiting interracial marriages violate the due process & equal protection clauses |
| Regents of CA v. Bakke | quota system at med school violated the equal protection clause-ethnicity could be considered for admission under the clause |
| Grutter v. Bollinger | no number ranking, use of racial preference for diversity at U Michigan Law School allowed because only a considerational factor |
| Gratz v. Bollinger | automatic awarding of points for racial preference not allowed |
| United States v. VA | VMI must admit women, male only is gender discrimination, violates the equal protection clause-attempt to set up "equal" training doesn't satisfy |
| Davis v. Monroe Board of Education | school boards can be held accountable if they don't have an active policy for student-student harassment |
| Gebser v. Lago Vista School District | same accountability for teacher to student harassment |
| Faragher v. City of Boca Raton | an employer is responsible for actions of a supervisor, creation of a hostile environment-supervisor/employee |
| Oncale v. Sundowner Offshore | same as Faragher for employee/employee of same sex, creation of a hostile environment |
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