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| New York Times Co. v. Sullivan |
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Definition
| 1964. warren court. Affirmed freedom of the press. The First Amendment, as applied through the Fourteenth, protected a newspaper from being sued for libel in state court for making false defamatory statements about the official conduct of a public official, because the statements were not made with knowing or reckless disregard for the truth. Supreme Court of Alabama reversed and remanded. |
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| 1971. Berger court,The question before the court was whether the constitutional freedom of the press under the First Amendment was subordinate to a claimed Executive need to maintain the secrecy of information. The Supreme Court ruled that First Amendment did protect the New York Times' right to print said materials.6-3 vote |
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| Planned Parenthood v. Casey |
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| 1992. Rehnquist court. right to privacy/ aboirtion. A Pennsylvania law that required spousal notification prior to obtaining an abortion was invalid under the Fourteenth Amendment because it created an undue burden on married women seeking an abortion. Requirements for parental consent, informed consent, and 24-hour waiting period were constitutionally valid regulations. Third Circuit Court of Appeals affirmed in part and reversed in part. |
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| 1896. Fuller court. 13th amendment. The "separate but equal" provision of public accommodations by state governments is constitutional under the Equal Protection Clause. vote 8-1.overruled by Brown v. Board of Education (1954) |
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| Regents of University of California v. Bakke |
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| 1978. Burger court. affirmative action. The Court held that while affirmative action systems are constitutional, a quota system based on race is unconstitutional. vote 5 to 4. |
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| 1973. Burger court. right to due process. Texas law making it a crime to assist a woman to get an abortion violated her due process rights. U.S. District Court for the Northern District of Texas affirmed in part, reversed in part.vote 7-2 |
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| 1957. Warren Court. First amendment right to free speech.Obscenity is not protected by the First Amendment, but more strictly defines what is considered "obscene". vote 6-3. overruled by Miller v. California (1973). |
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1919. White Court.First amendment right to free speech. Defendant's criticism of the draft was not protected by the First Amendment, because it created a clear and present danger to the enlistment and recruiting practices of the U.S. armed forces during a state of war.9-0 vote. overruled by
Brandenburg v. Ohio . |
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| Swann v. Charlotte-Mecklenburg Board of Education |
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| 1971 Burger court.Civil Rights law. Busing students to promote integration is constitutional. 9-0 vote. |
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| 1989. Rehnquist court. First Amendment rights. A statute that criminalizes the desecration of the American flag violates the First Amendment. Texas Court of Criminal Appeals affirmed. vote 5-4. |
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| 1995. Rehnquist court. commercial clause. Possession of a gun near school is not an economic activity that has a substantial effect on interstate commerce. A law prohibiting guns near schools is a criminal statute that does not relate to commerce or any sort of economic activity. 5-4 vote. |
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| 1974. Burger court. executive privilege.The Supreme Court does have the final voice in determining constitutional questions; no person, not even the President of the United States, is completely above law; and the president cannot use executive privilege as an excuse to withhold evidence that is 'demonstrably relevant in a criminal trial. 8 votes , rehnquist took no part in case. |
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| Webster v. Reproductive Health Services |
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| 1989. Rehnquist court.abortion clinic funds. The Court approved a Missouri law that imposed restrictions on the use of state funds, facilities and employees in performing, assisting with, or counseling on abortions. The Supreme Court thus allowed for states to legislate in an area that had been previously been thought to be forbidden under Roe, reversing the Eighth Circuit. |
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| 1964. Warren court. section 2 of the constitution. The Constitution requires that members of the House of Representatives be selected by districts composed, as nearly as is practicable, of equal population. vote 7-2. |
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