Civil Rights/Liberties Court Cases (Barron v. Baltimore: A Supreme Court…
Civil Rights/Liberties Court Cases
Barron v. Baltimore: A Supreme Court decision that stated the Bill of RIghts did not restrict state government power. The Bill of Rights only restricts national government power.
Gitlow v. New York: Court case that ruled the Fourteenth Amendment extended the reach of certains provisions of the First Amendment. Such as; freedom of press and speech.
Lemon v. Kurtzman: The 1971 Supreme Court decision that established that aid to church-related to schools must have a secular legislative purpose, have a primary effect that neither advances nor inhibits religions, and not foster an excessive government “entanglement” with religion.
Zelman v. Simmons-Harris: A 2002 Supreme Court case that upheld the use of school vouchers by an Ohio Program.
Engel v. Vitale: A 1962 supreme court case ruled it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools.
School District of Abington, PA v. Schempp: U.S. Supreme Court case decided in 8-1 vote in Schempp’s favor. Schempp declared school-sponsored Bible readings in public schools in the U.S. to be constitutional
Near v. Minnasota: In the case of Near v. Minnesota, J.M Near- the owner and publisher of the newspaper, “The Saturday Press,” was arrested for spreading racist and hateful speech. When he was arrested, Near appealed by claiming that the state of Minnesota violated his 1st and 14th amendment rights.
Schenck v. US: This was a 1919 supreme court case where the court ruled that freedom of speech in the first amendment can be restricted if the words or writing is “clear and present danger.”
Roth v. US: Samuel Roth, along David Alberts, were both sued by the governments because of the obscenity they had in their published books. The Supreme Court ruled that obscenity is not protected by the First Amendment, and this put in place the Roth test to see what is obscene and what isn’t.
Miller v. California:SCOTUS would redefine its definition of obscenity from that of “utterly without socially redeeming value” to that which lacks “serious literary, artistic, political, or scientific value”. Obscenity is illegal under federal law for both adults and juveniles.
New York Times v. Sullivan: A 1964 Supreme Court decision established that to win a damage suits for libel, public figures must prove that the defamatory statements were made with “actual malice” and reckless disregard for the truth.
Texas v. Johnson: Gregory Lee Johnson was arrested and charged for burning the American flag. SCOTUS ruled flag burning as a symbolic speech that is protected by the First Amendment.
Zurcher v. Stanford Daily : A supreme court case in 1978, which police searched Stanford Daily offices looking for photographs of criminals they took pictures of. The police ordered a search warrant on Stanford Daily’s offices even though they were not involved in the crime. Stanford Daily claimed they violated their 14th amendment but the court ruled that the police search did not violate their 14th amendment.
Miami Herald Publishing Company v. Tornillo: This case required newspapers to allow equal space in their newspapers to political candidates in the case of political editorial or endorsement content.
Red Lion Broadcasting Company v. Federal Communications Comission: Red Lion Broadcasting Co. v. FCC, 1969 U.S. Supreme Court case that upheld the Federal Communications Commission (FCC) fairness doctrine, stating that if a station makes a personal attack on an individual, it must also give that person an opportunity to respond to the criticism.
NAACP v. Alabama: NAACP v. Alabama was the landmark case in which the U.S. Supreme Court formally recognized the freedom of association as a right protected by the First Amendment.
Mapp v. Ohio: The 1961 Supreme Court case ended in a ruling for Mapp as the police that searched her house did not possess a search warrant, violating the fourth amendment. Also, the fourteenth amendment prohibits the ability to use unconstitutionally gained evidence in criminal prosecution.
Miranda v. Arizona: This landmark court case that includes our miranda rights. The police couldn’t interrogate someone without stating their rights and if they did they couldn’t bring it to the trail.
Gideon v. Wainwright: Gideon was charged with breaking and entering with the intent to commit a misdemeanor, which is a felony under Florida law. At trial, Gideon appeared in court without an attorney because he couldn’t afford it. The trial judge denied Gideon’s request because Florida law only permitted appointment of counsel for poor defendants charged with capital offenses. He had to represent himself in court, lost the case and was sentenced to 5 years in prison.
Gregg v. Georgia: The death penalty was unconstitutional because it violated the Eighth Amendment.
McClesky v. Kemp: Social scientists shown that minority murderers whose victims were white are more likely to receive death sentences than those who are white murderers or those whose victims are not white. The 1987 Supreme Court decision concluded that the death penalty did not violate the equal protection of the law given by the 14th Amendment
Roe v. Wade: This 1973 court case legalized abortions, stating that women should have the control over their bodies under the 14th amendment.
Planned Parenthood v. Casey: A 1992 in which the Supreme Court loosened its standard for evaluating restrictions on abortion from one of “strict scrutiny” of any restraints on a “fundamental right” to one of “under burden” that permits considerably m