Court Cases
A copy of what is currently on the Chapter 18 and 19 review (except that if the case or names in the case appears in its description, it is removed). Since the test is matching, you can do the flashcards either way (though it may be hard to type the definition word-for-word in Learn mode). Questions unanswered as of yet on SpartanWiki are left as dots. Note that all in this group can edit this.
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- Lloyd Corp. LTD v. Tanner
- cannot pass out papers inside malls
- City of Allegheny v. ACLU
- this case banned all things exclusively religious (Involved the placement of a nativity scene and a display of a Christmas tree and menorah. The S.C. prohibited the nativity scene due to endorsing a specific religion)
- Reynolds v. U.S.
- "polygamy is part of my religion" - denied, as otherwise everyone could have a religion unto himself
- Stone v. Graham
- cannot post 10 commandments
- Stanley v. GA
- cannot mail obscenities
- Wallace v. Jaffree
- cannot have a regimental moment of silence in schools (was once a daily moment of silent prayer)
- Zorach v. Clauson
- can teach religious studies off campus
- Hazelwood v. Kuhlmeier
- school newspapers can be censored
- Wilkinson v. Jones
- forbade indecent things on television from 7am-12am but was struck down in a later case
- Forsyth County v. National Movement
- must reasonably and proportionally price rally permits
- Tinker v. Des Moines
- Armbands in school and other such 'passive' protests are allowed in schools because a students rights are not revoked at the door
- Lee v. Weisman
- graduation prayers illegal
- Feiner v. NY
- 1948 - can be arrested for breech of peace in an assembly for the protection of the speaker (ex: religious fanatic at UC)
- Marsh v. Chambers
- prayer okay in court -- adult setting
- Sable Communication v. FCC
- prohibits "denial of adult access to telephone messages which are indecent but not obscene."
- Edwards v. Aguillard
- creationism cannot be required in public school curriculum
- Murray v. Curlett
- no daily bible readings
- Walz v. Tax Commission of NYC
- benevolent neutrality - don't tax the churches
- Schenck v. U.S.
- stated that free speech was allowed to be repressed if it posed a "clear and present danger"
- Frisby v. Schultz
- cannot rally in front of private residence - (ex: abortion doctor)
- Miller v. CA
- what is obscene? (3 criteria)
- Pierce v. Society of Sisters
- private schools have the right to exist
- Osborne v. OH
- pornography cannot be out in the open - community standards
- Epperson v. Arkansas
- can teach evolution in class
- Santa Fe Industrial School v. Doe
- court ruled that a school district policy permitting its student body to vote at the beginning of each school year whether to have prayers before football games violated the Establishment Clause
- Minersville School District v. Gobotis
- Stated that a Jahovas witness's had to say the pledge, but was later overturned in the West Virginia case
- Skokie v. IL
- heckler's veto (ex: 100,000 neonazis want to march through a jewish community)
- Lemon v. Kurtzman
- ____ test - what is public money being used for in private (religious) settings?
- Near v. MN
- politicians can be personally criticized in newspapers
- Ali v. U.S.
- __ refused to be drafted due to religious objections, the S.C. ruled in his favor.
- Mutual Film Company v. OH
- Local Theaters are allowed to censor whatever they deem necessary
- Everson v. Board of Education of NJ
- cannot use public money to bus private school children
- Engel v. Vitale
- no prayer in school
- WV Board of Education v. Barnette
- Stated that children were allowed to abstain from saying the pledge if they had a legitimate reason not to
- Bethel School District v. Fraser
- gave a speech with sexual innuendos at school, the school suspended him but he sued claiming first amendment rights. The S.C. upheld the suspension saying the school district's policy does not violate the first amendment.- basically - can't curse in school
- Dejonge v. Oregon
- 1937 - establishes rules/permits for rallies. The S.C. rules that defendant was allowed to hold Communist meetings
- U.S. v. O'Brien
- Verdict: you can still be prosecuted for doing illegal activites (burning draft cards) even if it is "symbolic speech"
- Gitlow v. NY
- communist arrested for giving speeches - protected
- City of Pittsburgh v. ACLU
- said exclusively religious symbols such as manger scenes are okay is other *secular symbols present (ex: gargantuan menorah)
- People v. Flint
- politicians can be personally criticized in magazines
- The New York Times v. U.S.
- Verdict: press can publish classified information in its possession despite attempts to stop it w/ executive privilege.
- Burstyn v. Wilson
- Determined that the showing of films could not be limited or deemed "sacrilegious" and defined film as an artistic medium protected by the first amendment.
- Wisconsin v. Yoder
- homeschooling is allowed as a form of education in place of public schooling
- Coates v. Cincinnati
- 1971 - illegal assembly reevaluated - Ruled a law prohibiting three of more people to walk parallel on a sidewalk unconstitutional since it restricted the right to assemble.
- Abington v. Schemp
- schools cannot lead recitation of the lord's prayer
- Turner Broadcasting v. FCC
- Because people pay for cable and it is a private organization, they are allowed to show indecent material
- Lynch v. Donnely
- manger scene okay if other *christmas symbols present
- Gregory v. Chicago
- 1969 - impromptu assembly okay
- McCollum v. Board of Education of Champaigne, IL
- 1948 - cannot teach religion during school