Shared Flashcard Set

Details

Supreme Court Cases
Supreme Court Cases, 1st, 2nd amendments
29
History
11th Grade
11/14/2013

Additional History Flashcards

 


 

Cards

Term
Barron v. Baltimore
Definition
Dealt with eminent domain and selective incorporation. Court declared that the fifth amendment only applied to the national government, and not state governments
Term
Gitlow v. New York
Definition
First time the first amendment was selectively incorporated. Free speech. clear and present danger introduced.
Term
Palco V. Connecticut
Definition
Dealt with the fifth amendment (double jeopardy) and selective incorporation. Court declared that the fifth amendment did not apply to states; only federal government.
Term
Engel v. Vitale
Definition
Dealt with the establishment clause of the first amendment and freedom of religion within schools. Court declared the school prayer was unconstitutional because it violated the establishment clause.
Term
Abington School District v. Schempp
Definition
Dealt with the establishment clause and freedom of religion in schools. Court declared the schools prayer was unconstitutional because it violated the establishment clause.
Term
Sherbert v. Verner
Definition
Dealt with the free exercise clause and freedom of religion. Court declared that the restriction on unemployment compensation was unconstitutional because it violated the free exercise clause.
Term
Lemon v. Kurtzman
Definition
Dealt with the establishment clause and freedom of religion in schools. Court ruled that the laws granting private schools funding were unconstitutional. established the lemon test for religious establishment.
Term
Wallace v. Jaffree
Definition
Dealt with establishment clause and moment of silence. Court declared Alabama law requiring a minute of silence in schools was unconstitutional because it violated the establishment clause.
Term
Lee v. Weisman
Definition
Dealt with the establishment clause and freedom of religion in schools. Court declared the schools prayer at graduation was unconstitutional because it violated the establishment clause.
Term
Schenck v. United States
Definition
Dealt with Clear and Present Danger (Established this term) and Free Speech. Court upheld Schenck's conviction because his speecht created a "clear and present danger" to the society, thus not being protected under the first amendment.
Term
Debs v. United States
Definition
Dealt with Free Speech and Clear and Present Danger. Court ruled that Debs had violated the Espionage Act because his speech was intended to create a clear and present danger within society, therefore violating the first amendment
Term
Chaplinsky v. New Hampshire
Definition
Dealt with "Fighting Words" and free speech. Court ruled Chaplinsky's speech was not protected because it did not attempt to convey any political message, but rather "fighting words" that were intended to create disorder.
Term
Brandenburg v. Ohio
Definition
Dealt with Clear and Present Danger and free speech. Court ruled that the Ohio syndicalism law was unconstitutional because it was too broad and ignored whether the advocacy would incite lawless action.
Term
Tinker v. Des Moines School District
Definition
Dealt with Symbolic Speech. Court ruled that students were allowed to wear armbands as a way of protest because it did not interfere with the education process. Established symbolic speech doctrine.
Term
Texas v. Johnson
Definition
Dealt with flag burning and free speech. Court ruled that flag burning as an act of protest was constitutional because it was a form of political speech that was protected by the first amendment.
Term
Reno v. A.C.L.U.
Definition
Dealt with free speech, censorship, and established the "Strict Scrutiny" doctrine. Court ruled that the Communications Decency Act was unconstitutional because it was too vague. Laws must be very clear.
Term
Near v. Minnesota
Definition
Dealt with Prior Restraint. Court ruled the prohibition of publication of a periodical or newspaper prior to circulation was unconstitutional.
Term
New York Times v. Sullivan
Definition
Dealt with Libel and free speech. Court ruled that the first amendment protected the publication of all statements, even false ones, as long as they are not made with actual malice.
Term
New York Times v. United States
Definition
Dealt with the Pentagon Papers and free press v. executive power. Court ruled that the publication of newspapers revealing decisions regarding Vietnam was protected because they did not threaten national security.
Term
Hauge v. CIO
Definition
Dealt with freedom of assembly and first amendment. Court ruled that the obstruction of the assembly of workers to discuss national legislation was unconstitutional because it violated the free assembly clause of the first amendment.
Term
District of Columbia v. Heller
Definition
Dealt with the right to bear arms in a federal district. Court ruled that the second amendment protects the individual right to possess a firearm unconnected with a militia and to use it for traditionally lawful purposes such as self-defense.
Term
Weeks v. United States
Definition
Dealt with search and seizure and the exclusionary rule. Court ruled that the police unlawfully searched and seized evidence. The exclusionary rule was developed stating that evidence unlawfully seized could not be used in a court of law.
Term
Mapp v. Ohio
Definition
Dealt with warrantless search and the right to privacy. Court ruled that Mapp's fourth amendment freedom from search and seizure was violated. Selectively Incorporated the fourth amendment.
Term
Gideon v. Wainwright
Definition
Dealt with right to counsel and the rights of the accused. Court ruled that Gideon's right to counsel was violated and that an attorney must be provided in all cases. Selectively incorporated the Sixth amendment.
Term
Escobedo v. Illinois
Definition
Dealt with right to counsel, self-incrimination, and rights of the accused. Court ruled that the failure to grant an attorney and failure to inform Escobedo of his rights was unconstitutional.
Term
Miranda v. Arizona
Definition
Dealt with self-incrimination and rights of the accused. Court ruled that the police were violating Miranda's rights by not informing him of his rights before interrogation. Miranda Warning was established as a result.
Term
New Jersey v. T.L.O.
Definition
Dealt with search and seizure and rights of students. Court ruled that the seizure of documents from students purse was lawful because it was reasonable and because there was reasonable suspicion. School officials need only reasonable suspicion.
Term
Furman v. Georgia
Definition
Dealt with equal protection, due process, and cruel and unusual punishment. Court struck down the death penalty stating that the system was broken, and it did not allow for equal protection for all citizens. Did not however say the death penalty violated the eighth amendment.
Term
Gregg v. Georgia
Definition
Dealt with the death penalty. Court ruled that the death penalty did not violate the eighth and fourteenth amendments in all circumstances. Reinstated the death penalty.
Supporting users have an ad free experience!