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| Plessy took a seat in a whites only train car. He was procescuted. The court decided that this did not violate the 14th amendment so long as the conditions were equal. Justice Brown, who delivered the opinion, said that "segregation does not in itself constitute unlawful discrimination." |
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| Sweatt, a black man, applied for admission to the University of Texas law school. His application was automatically denied for being black. Then school then tried to make an black law school. The court ruled that the black law school was grossly unequal and ordered them to allow the admission of the black student. |
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| 2 qualified students were denied from Univ of Michigan. The University admits that they admit virtually minorities. Are Univ of Mich's (public) racially favored admission polices unconstitutional? The Court decided that the rule violates the equal protection clause and it is not narrowly tailored. |
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| Girl applies to law school at univ of mich. she's denied. They have a race policy allowing nearly all qualified minority applicatants to get admission. She sues the school. ends up in surpeme court. Court says in 5-4 decision that the it is not a violation of the consititution, as the school benefits from the unique element of diversity. |
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| A woman was in the military and wanted to give her husbund a "dependent's allowance". For men in the military, this is automatically done for the wife. However, only for women if that man's salary is less than 50% of the household income. Mrs. Frontiero's request was denied. The court asked the question "Does this violate the due process clause by discriminating against women?" They found that yes, it does. |
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| Miss Univ. for Women v. Hogan |
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| A qualified applicant for the Miss Univ for Women (Hogan) applied for admission and was denied for reason of sex. The court found that the University's policy violated the equal protection clause. |
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| The Idaho probate code mandated that males were to be preferred over females in appointing adminstrators of estates. A separated couple both sought to be the admins of the estate. The man one. The woman sued and the case went to the supreme court. The court found, using the rational basis test, that this violated the equal protection clause of the 14th amendment. |
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| The Idaho probate code mandated that males were to be preferred over females in appointing adminstrators of estates. A separated couple both sought to be the admins of the estate. The man one. The woman sued and the case went to the supreme court. The court found, using the rational basis test, that this violated the equal protection clause of the 14th amendment. |
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| The Idaho probate code mandated that males were to be preferred over females in appointing adminstrators of estates. A separated couple both sought to be the admins of the estate. The man one. The woman sued and the case went to the supreme court. The court found, using the rational basis test, that this violated the equal protection clause of the 14th amendment. |
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| Guy was removed from BS b/c he was gay. New jersey had a law probiting "discrimination on the basis of sexual orientation in places of public accommodation". The court ruled that the new jeresy law was unconstitutional via the 1st amendment. they said this violated the 1st amendment and their right to expressive associaton. |
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| The State of Alabama required that he the NAACP provide it's entire membership list with names and addresses to the state. This scared the Alabama NAACP because they worried for the protection of their memebers. The supreme court of the United STates of America unanimously decided that it did violate the 14th amendment's due process clause |
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| Sullivan v. New York Times |
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| An Alabama city commissioner, Sullivan, sued the NYT under an Alabama libel law claiming that an ad in the NYT about MLK suggesting that MLK had simply been arrested to stop his efforts to encourage blacks to vote, etc was libelous against him. He won $500,000. Some newspapers at the time were afraid to completely cover the civil rights issues in the south because of this. The court decided in a unanimous decision the court decided that statements against or for public officials, whether true or not, must always be protected expect when they are made with actual malice (knowledge that they are false). |
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| Reguarding Alabama apportiment in the state legislature. However, the state of alabama realigned the districts so that certian areas were vastly underresented, 41-1 in some places. The court held that alabama system violated the 14th amendment's equal protection clause. States were ordered to honestly apportion legislature seats as closely related to the population as possible. |
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| The 5th congressional district in Georgia had 2-3 times more people than onther congressional districts in Georgia. This diluted the vote. A man from the district sued. Case went to SCOTUS. SCOTUS decided that the apportionment was unconstituitional and that congressional distircts must be effectivly equal in size of population. |
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| South Carolina V. Katzenbach |
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| The Voting Rights Act of 1965 forbid uses of tests as a voting requirement (such as literacy tests). To enforce this, federal examiners were allowed to investagate election irregularities (under jurisdiction of the AG, Katzenbach). The state of SC said that that this violated the state's rights to implement and control elections. The court decided in the favor of Katzenbach and upheld the federal law, saying the the 15th amendment gave congress the power to enforce the right to vote by minorities |
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| The Attorney General's office rejected North Carolina's reapportament b/c it only created one black majority district. They redid the map and created two. But to do this, they had to create a jerrymandered district, for much of which, was only as wide as and interstate route. 5 NC citizens sued AG reno. The court decided that though the district was in good faith, that the original apportionment plan was good enough. |
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| Came after Shaw v. Reno. Gerrymedered distrcts. Court found in favor of shaw |
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| Schenck mailed circulars to draftees of WWI. The circulars suggested that people protest and petition the draft. Schenck was charged with consirpacy. He sued claiming a right to free speech. The court decided that this speech created a "clear and present danger" to the United States during wartime. "CLEAR AND PRESENT DANGER TEST" |
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| A man was convicted for passing out literature aimed at overthrowing the gov't. Since no violance occured b/c of his words, he said that what he did was constituitonal. The case went to SCOTUS and they upheld his conviction |
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| Chaplinksy v. New Hampshire |
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| Chiplanski was arrested for yelling at people in front of a county courthouse in HN. He said this was protected by the 1st amd. The SCOTUS disagreed saying the 1st amendment did not protect fighting words, profanity, obsinity, or libel. In this case it was fighting words, inciting an immediate breach of the peace. |
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| O'Brien was arrested for burning his draft card under federal law that made the destruction of draft cards a crime. The court decided that this was not an unconstitutional violation of free speech because the law preventing this had a legitmate purpose and was narrowly tailored to it's purpose. |
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| Fuck the draft shirt. Was convicted and sentenced to 30 days in jail. Court said it was not directed towards anyone. Additionally, there was no evidence that anyone would be provioked to phyiscal action b/c of the words. Therefore, the court overturned his conviction and shot down the California statue |
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| Armbands... kids suspended... court said "e wearing of armbands was "closely akin to 'pure speech'" and protected by the First Amendment." ... 7-2 in FAVOR of TINKER. |
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| Regents of U.C. Davis v. Bakke |
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| Affermative action case. Blakke applied to the med school twice. His qualifiations exceeded those of any of the minorites accepted that year. But the Univ had a aff action program. Therefore, Bakke said he was denied solely because of race. The court decided that based on the equal protection clause, this was illegal. |
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| Pentagon Papers. Nixon. Prior restraint. "Word security cannot be used to violate the fundamental law in the 1st amd" |
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| Burned Flag. RNC to protest reagan. upheld right to burn flag. |
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| Some teenagers burned a cross on a black family's lawn in St. Paul, Minn. Police charged one of them with a racially motivated crime ordinance. The court said the law was overbroad and impermissable by the free speech amendment. |
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| Everson v. Board of Education of Ewing |
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| A New Jersey law allowed reimbursements of money to parents who sent their children to school on buses operated by the public transportation system. Many of these kids went to Catholic schools. Did this violate the establishment clause? NO. Because first, the money went through a middleman (the parents) AND like police and fire, not related directly. |
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| Abington School District v. Schempp |
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| Students were required to read bible verses and pray. They could exempt with a note from their parents. THe court found this a blatent violation of the establishment clause |
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| State (PA and RI) paid for textbooks, classroom materials, and teacher salaries to non-public school teachers. Court said this violated establishment clause |
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| Middle school commencement in RI. Rabbai. SCOTUS says no, endorsement of relgion b/c it is a a state-sponsored and state-directed religious exercise in a public school. Also, students who were not wanting to pray had to stand and watch in silence = coersion. |
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| RFRA... gov't exceeded scope under 14th amd enforcement powers. RFRA shut down (at least the part that applied to the states) |
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| Ohio school vouchers. did not violate establishment clause. law upheld. |
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| 10 commandments in austin |
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| Utah Morman. Anti-pologamy. Convited. Sues. Law Upheld. Law does not have to consider relgious beliefs and does not protect religious practices that are considered to be criminal. |
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| Wygant v. Jackson Board of Education |
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| Teacher's union in Jackson MS had agreed that teachers w/ the most seniority would not be laid off. Also agreed that if layoffs occur, minority percentage of teachers could no decrease. One of laid of nonminority teachers sued. SCOTUS found that he agreement was unconstitutional... violated equal protection. |
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| West Virginia v. Barnette |
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| Students required to salute flag. Not doing so was "insobordination" and they could be expelled and charged with delliquency. Court found unconstitutional. |
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| Woman in South carolina is fired b/c she refuses to work on saturday (based on religion). The state denies her unemployment benefits. Is this a violation of the free excersize clause? SCOTUS says yes. Placed a signficatant burden on her ability to free excersize her religion. |
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| ROSENBERGER v. UNIVERSITY OF VIRGINIA |
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| Student mag religous. ask for money. gets denied. student sues. justices decide that it is unconstitutional to deny it. " no matter how scarce University publication funding may be, if it chooses to promote speech at all, it must promote all forms of it equally." |
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| Amds 1 and 14 really only apply to the state aganist the indv. not the indv aganist the indv. i.e. speech curtailled by a private inst. isn't illegalized by the constitution. |
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| is censorship imposed, usually by a government, on expression before the expression actually takes place. An alternative is to allow the expression to take place and to take appropriate action afterward, if the expression is found to violate the law, regulations, or other rules. |
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