Term
Church of Lukumi Babalu Aye
vs.
City of Hialeah |
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Definition
Main Issue:The Church practices the Santeria religion in which the animals are killed by cutting the cartoid arteries and are cooked and eaten. The city was concerned about the religious practices and wanted to prohibit the practice when the church wanted to build a church in the city.
Decision:The city won
Reason-The district court ruled for the city concluding that the gov't should prevent the public health risk and the cruelty to animals.
Synopsis: The Church wanted to sacrifice animals but the city said no b/c of health risk and disturing the peace, along with the slaughter of animals. |
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Definition
Background: Famalies in a public school in New York complained that the voluntary prayer was contradictoy to their religious beliefs. They argued that it violated the establishment clause of the First Amendment.
Decision:Supreme court case determined that it is unconstitutional for state officials to compose school prayer in public schools.
Synopsis: A family is offended by a public school having school prayer, they take it to the Supreme court and and the supreme court decided that school prayer is unconstitutional in public schools |
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Definition
Background: Since there was no resulting action flowing from Manifestos Publication, the statue penalized utterances without propensity to enticement of concrete action.
Decision: New York court decides that anyone who advocated the doctrine of violent revolution violated the law.
Synopsis: Gitlow was arrested for distributing copies of the "Left-wing manifesto" that called for the establishment of socialism through strikes. Gitlow was accused of advocating overthrow of government |
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Definition
Background:Right to privacy regarding contraceptions
Decision: 7-2 in favor of defendant
Reason: Invalidated on the grounds its violated the "Right to marital privacy".
Synopsis:
Connecticut law based on the prohibition of contraceptives in favor that you should be able to use them. |
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Definition
Definition: Bradenburg, a leader of the Ku Klux Klan, was arrested for advocating terroism to achieve reform.
Decision: For Bradenburg
Reason: Violated Bradenburg's right to free speech
Synopsis: A leader of the KKK was arrested for advocating violence. He was later released because an arrest would violate the 1st amendment. |
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Definition
Background: Abortion
Reason: Abortion is fine in first trimester, after that the state decides
Reason:For 1st trimester there is no right to privacy after that the states has the right to parent and maternal health. |
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Definition
Background- Lee Johnson burning the flag was illegal flag desecration
Decision: Amendment 1 ruled Johnson not guilty. 5-4.
Reason:Amendment 1-freedom of speech, press and assembly
Synopsis: Johnson burnt flag, Texas court convicts him, Supreme court finds him not guilty.
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Term
Dickerson
Vs.
United States |
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Definition
Background: Charles Dickerson made a statement regarding a bank robbery to the FBI without recieving his Miranda Right.
Decision: . In a 7-2 opinion delivered by Chief Justice William H. Rehnquist, the Court held that Miranda governs the admissibility of statements made during custodial interrogation in both state and federal courts. They HAVE TO BE READ
Reason: Miranda has become a part of a police routine, and congress may not supercede legislatively
Synopsis: Dickerson was denied Miranda Rights, he tried this in court and the case conluded in Favor of Dickerson and he was given his rights. |
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Definition
Background: J.M. Near published a newspaper in Minneapolis, Minnesota, called The Saturday Press. Near's prejudice against Catholics, Jews, and African Americans showed through in The Saturday Press. The newspaper, however, also printed articles about corruption in city politics, and many of them were true
Decision: Ruled against that gag law, which targeted publications of malicious or scandalous newspaper violated the first amendment of the constitution.
Reason: Violated the first amendment
Synopsis: Near, who published the "Saturday Press" was shut down because it was said to be a malicious and scandalous publication.
Court rules that Minnesota law was in violated of the first amendment |
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Term
Schenck
Vs.
United States
(1919) |
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Definition
Background: Charles Schenck was general secretary of the Socialist Party of America, who was arrested for urging draftees and soldiers via mail to resist the draft. He appealed to the Supreme Court.
Decision: Court upheld Schenck's conviction of guilty.
Reason: Reasonable limitation of free speech in time of war; avoided panic and insurrection.
Synopsis: Charles Schenck, a leader of the Socialist Party, was arrested and tried for numerous violations of the Espionage Act, including |
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