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AP Gov Court Cases

Terms

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New York Times v US 1971
no prior restraint. the gov't failed to show how security was jeopardized / Pentagon Papers
Schenck v US 1919
established the clear and present danger test.
Gitlow v New York 1925
incorporated free speech in the States
Bradenburg v Ohio 1969
free speech upheld as long as it doesn't create an imminent threat
Miller v California 1973
obscenity is not protected by free speech / Miller Test
US v O'Brien 1968
outlawed the burning of draft cards b/c they are needed for gov'tal operations / gov't property
Texas v. Johnson 1989
protected flag burning as free speech
US v. Eichman 1990
protected flag burning as free speech / overturned the Flag Protection Act of 1989
Hazelwood Schools v. Kuhlmeir 1988
school papers do not enjoy free speech rights due to order and safety
Gideon v. Wainwright 1963
right to a counselor or court appointed attorney if you can't afford one.
Escobedo v. Illinois 1964
right to have lawyer during police questioning.
Miranda v. Arizona 1966
Miranda test, says police must inform you of your rights including the right to remain silent
Plessy v. Ferguson 1896
established the Separate but Equal Test and recognized Jim Crow laws
Brown v. Board of Education 1954
struck down Separate but Equal Test
Rotsker v. Goldberg 1981
upheld the Military Selective Service Act that prevented women from being drafted
Griswold v. Connecticut 1965
struck down a law forbidding birth control and established the right to privacy for the first time
Roe v. Wade 1973
said that abortions could not be limited by the states in the 1st trimester based on the right of privacy / 14th amdnt.
Planned Parenthood v. Casey 1992
said that abortions can be limited as long as they don't create an undue burden for women.
Boy Scouts of America v. Dale 2000
said that the Boys Scouts can forbid gay scout leaders
Furman v. Georgia 1974
outlawed the death penalty b/c it was cruel and unusual
Gregg v. Georgia 1974
reestablished the Death penalty and gave this power to the states/ overturned Furman v. Georgia
Regents of the U. of California v. Bakke 1978
struck down racial quotas as affirmative action policies
Korematsu v US 1944
upheld FDR's executive order to intern Japanese Americans based on Nat'l Security.
Abrams v. United States 1919
upheld the espionage act and the clear and present danger act
Reno v. ACLU 1997
ruled the 1996 Communications Decency Act unconstitutional b/c it violates free speech
Near v. Minnesota 1931
incorporate free press right into the state and outlawed prior restraint of the states
Village of Skokie v. National Socialist Party 1978
freedom of assembly rights cannot be abridged becuase if its message
Chaplinsky v. New Hampshire 1941
est. the "fighting words" doctrine, words intended to induce violence
New York Times v. Sullivan 1964
est. the Malice Test, saying that damge must result from libel or slander
Dredd Scott v. Sanford 1857
upheld slavery, the fugitive slave law, and states rights
Palko v Connecticut 1937
the court failed to incoporate double jeopardy/ great example of selective incorporation
Powell v. Alabama 1932
Scottsboro Boys / incorporated court appointed attorneys for murder cases
Slaughter House Cases 1873
example of the courts not incorporating the bill of rights in the states

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