landmark court cases

34
Case Amendment Issue Precedent Tinker v Des Moines School District 1st Is the school banning armband wearing, a form of symbolic protest, violating the freedom of speech? Yes Symbolic speech (armbands) allowed in school

Upload: mariefane

Post on 14-Jul-2015

38 views

Category:

Education


0 download

TRANSCRIPT

Case Amendment Issue Precedent

Tinker v Des Moines School District

1st Is the school banning armband wearing, a form of symbolic protest, violating the freedom of speech?

YesSymbolic speech (armbands) allowed in school

Case Amendment Issue Precedent

Plessy v Ferguson 14th Is Louisiana's law mandating racial segregation on its trains an unconstitutional infringement on both the privileges and immunities and the equal protection clauses of the Fourteenth Amendment?

Established separate but equal doctrine

Case Amendment Issue Precedent

Engel v Vitale 1st (establishmentclause)

Does reading of nondenominational prayer at start of school day violate the establishment clause?

School led prayer is unconstitutional

Case Amendment Issue Precedent

Texas v Johnson 1st (free exercise) Is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment?

Allowed flag burning as symbolic speech

Case Amendment Issue Precedent

Schenck v US 1st A socialist named Charles Scheck distributed anti-war materials in the mail. Are Schenck's actions (words, expression) protected by the free speech clause of the First Amendment?

The Supreme Court found him guilty of posing a clear and present danger during wartimeCase involving limits on free speech. Established the "clear and present danger" principle.

Case Amendment Issue Precedent

Lemon v Kurtzman 1st Did the Rhode Island and Pennsylvania statutes violate the First Amendment's Establishment Clause by making state financial aid available to "church- related educational institutions"?

Established guidelinesfor government aid to parochial/religious schools

Case Amendment Issue Precedent

University of California v Bakke

14th Were quotas on racial University in admissions process unconstitutional?Did the University of California violate the Fourteenth Amendment's equal protection clause, and the Civil Rights Act of 1964, by practicing an affirmative action policy that resulted in the repeated rejection of Bakke's application for admission to its medical school?

Reverse discrimination, quotas unacceptable

Case Amendment Issue Precedent

Gideon v Wainwright 6th Are states required to provide a lawyer to defendants who can’t afford them in non-capital cases?

Poor must be provided an attorneyRight to attorney/ counsel, regardless of eligibility to afford oneIn due process clause

Case Amendment Issue Precedent

Oregon v Smith 1st (free exercise) Can a state deny unemployment benefits to a worker fired for using illegal drugs for religious purposes?

Denied unemployment benefits for using peyote on the job for religious reasons

Case Amendment Issue Precedent

Miranda v Arizona 5th & 6th Does police practice of interrogating individual without notifying them of their right to counsel and their protection violate self incrimination?

Those arrested must be read their rights

Case Amendment Issue Precedent

Hazel v Kulmeier 1st Did principal’s deletion of articles violate students’ rights under 1st

amendment?

School officials can limit students’ freedom of pressSchools are not required to promote particular types of student speech.

Case Amendment Issue Precedent

Roe v Wade 9th & 14th Does due process clause of 14th protect right to privacy, individual rights to obtain abortion, and could states pass such abortion laws when they could violate the rights of citizens?

Women’s right to choose ruled constitutionalDue process protects the right to privacy, allowing abortion, disregarding state lawForbade state control over abortions during 1st trimester, some protection on 2nd, and protection of fetus on 3rd (states can ban abortion when mother’s health is in danger)

Case Amendment Issue Precedent

Brown v Board of Education

14th Was the practice of segregation in public school really separate but equal?

Desegregated public schools, overturned separate but equal doctrine

Case Amendment Issue Precedent

Reynolds v US 1st (free exercise) If religious freedom is guaranteed under 1st

amendment and polygamy church doctrine, why not put under practice?

Criminal acts may not be defended by freedom of religion claims

Case Amendment Issue Precedent

Mapp v Ohio 4th Were the confiscated materials protected by the First Amendment? (May evidence obtained through a search in violation of the Fourth Amendment be admitted in a state criminal proceeding?)

Extended exclusionary rule to state & local levelsEvidence obtained in violation of the 4th

can’t be used in court

Case Amendment Issue Precedent

Snyder v Phelps 1st Does the First Amendment protect protesters at a funeral from liability for intentionally inflicting emotional distress on the family of the deceased?

Public speech on public sidewalk is okay even if outrageous

Case Amendment Issue Precedent

Kyllo v US 4th Does use of thermal-imaging device to detect relative amounts of heat emanating from private home constitute unconstitutionalsearch?

A search warrant is necessary for law officers to use thermal images against you

Case Amendment Issue Precedent

Aderand v Pena 5th & 14th Does the 5th

amendment’s guarantee of equal protection require the federal government’s racial classification to withstand strict scrutiny?

Racial classifications must pass strict scrutiny, which is applied to all race based classification

Case Amendment Issue Precedent

Gitlow v New York 1st & 14th is the NY law punishing advocacy to overthrow the government by force an unconstitutional violation of the free speech clause of the 14th?

Incorporated 1st

amendment free speech to states1st incorporation case

Case Amendment Issue Precedent

Griswold v Connecticut

9th Is the right to privacy an unalienable right protected by the Bill of Rights?

Give substance to privacy in the 9th

amendmentRight to privacy is protected under extension of self-incrimination clause of 15th

Prevents government from regulating abortion

Case Amendment Issue Precedent

Hiibel v Nevada 5th Did the arrest & conviction for not telling the officer his name violate his 4th & 5th rights?

Suspects must identify themselves during police stops

Case Amendment Issue Precedent

Grutter v Bollinger 14th Does University of Michigan Law School’s use of racial preferences in student admissions violate Equal Protections Clause of 14th?

Reaffirms Bakkedecision that admission to Universities can’t be based solely on raceRace was only one of the many factors considered to determine the applicant’s elegibility

Case Amendment Issue Precedent

McDonald v Chicago 2nd Does 2nd amendment apply to states incorporation by 14th

amendment’s privileges & immunities or due process clauses & made applicable to states

2nd amendment, right to bear arms, incorporated

Case Amendment Issue Precedent

Santa Fe v Doe 1st (establishment) Does Santa Fe school district’s policy permitting student led, student initiated prayer at football games violate the establishment clause?

Student led prayer at football games isunconstitutional

Case Amendment Issue Precedent

benton v Maryland 5th Is double jeopardy applicable to the states & was Benton tried twice in this case?

Incorporation into states of 5th

amendment double jeopardy

Case Amendment Issue Precedent

NY Times v Sullivan 1st Did Alabama’s libel law, by not requiring Sullivan to prove that an ad personally harmed him unconstitutional?

Must prove malice to receive damages for libelLibel must be proven malicious & disregardful of truth

Case Amendment Issue Precedent

Edmonson v Leesville 6th May a private litigant in a civil case usepreemptory challenges to exclude jurors based on race?

Race based use of preemptorychallenges violates 5th’s due process Fair Jury of peers

Case Amendment Issue Precedent

Kelo v City of New London

5th Does a city violate 5th’s takings clause if the city takes private property and sells it for private development, with hopes that development will help the city’s economy?

Eminent domain may be used to take private property for economic development/ economic projects

Case Amendment Issue Precedent

Roper v Sims 8th Does the execution of minors violate the prohibition of cruel & unusual punishment of 8th applied to states through incorporation doctrine of 14th?

Minors may not receive death penalty

Case Amendment Issue Precedent

Cooper v Aaron 10th Are state government officials bound to comply with Supreme Court rulings & court orders based on Supreme Court interpretation?

States must enforce Supreme Court decisions, even if they don’t agree with them

Case Amendment Issue Precedent

Printz v US 10th May Congress compel a state or local government to even temporarily implement and administer a federal regulatory program?

Fed government can’t force states to conduct background checks for gun purchases

Case Amendment Issue Precedent

Montejo v Louisiana 6th Can police use incriminatory evidence (Montejo’sletter) against someone if produced after being read his rights but before meeting lawyer?

Defendant may waive his right to counsel for interrogationsLetter can be used as evidence because he’d been read his rights

Case Amendment Issue Precedent

US v Nixon 1st Is President’s executive privilege absolute?

President's not above the lawCan’t withhold evidence requested due to executive privilege

Case Amendment Issue Precedent

Dred Scott v Sandford 14th Can a slave be considered a citizen & become entitled to all rights granted under US Constitution?

Due process clause of 5th doesn’t apply to freed slaves brought into free territories