the part of the 1st amendment prohibiting the establishment of a church officially supported by the national government.
the view that most of the protections of the bill of rights apply to state governments through the fourteenth amendment's due process clause
lemon v kurtzman
direct state aid could not be used to fund religious instruction. Three part lemon test for establishment clause focusing on purpose of governmental actions, primary effects of actions, and government too involved with religion.
engel v vitale
school sponsored prayer was a violation of the establishment clause, new york
wallace v jaffree
struck down alabama law calling for a moment of silence used for silent prayer
lee v weisman
ended prayer at public school graduation ceremonies
edwards v aguillard
struck a louisiana law calling for the teaching of creationism as well as evolution in public schools
rosenberger v university of virginia
university must provide support to a student religious group if it was supporting nonreligious student groups
oregon v smith
two native american drug counselors were fired for using peyote in their religious services. 1st amendment did not protect this practice-Religious Freedom Restoration Act
Religious Freedom Restoration Act
legislation designed to limit the Smith decision and to provide more protection for religious practices
Boerne v Flores
ruled RFRA unconstitutional and warned congress the court was the ultimate arbiter of how the constitution should be interpreted
alabama chief justice who installed a 2.5 ton granite monument with the commandments in the state courthouse. he was expelled from the branch.
schneck v us
restricts speech that creates a clear and present danger to public order
brandenburg v ohio
creates test that required the gov. to prove that both the intention and the likelihood of the speech was imminent lawless action
ny times v us
the ny times had the right to publish the pentagon papers, study of american invovlement in vietnam war
texas v johnson
state of texas could not criminalize the burning of the flag even though most people regarded that as an offense.
speech unprotected by first amendment
obscenity, slander, and child porn
ny times v sullivan
protection to the media by ruling that public officials who bring suit against media companies for libel must prove actual malice on the part of the media (media publishing stories with knowledge of its falsity)
gannet company v de pasquale
supreme court ruled a judge could not issue a gag order to protect a defendant's right to a fair trial against excessive news publicity
smith v collin
american nazi party wanted to hold a march in skokie, illinois (town with many death camp survivors). upheld a lower court decision recognizing the right of the nazis to march.
griswold v connecticut
overturned ct law prohibiting contraceptives. right to privacy stems from penumbras in the 1st, 3rd, 5th, and 9th ammendments.
roe v wade
accepted the argument that laws against abortion violate a woman's right to privacy-later court decisions placed restrictions on abortion rights.
cruzan v director, missouri department of health
led to the creation of living wills. the court has not been willing to extend constitutioal protection to assisted suicide, leaving question up to states.
gideon v wainwright
a poor defendant would be given an attorney paid for by the government
miranda v arizona
required the police to inform individuals of their consitutional rights prior to custodial interrogation
prohibits cruel and unusual punishment
provides that the government may take the life of a citizen as long as it is done consistently with due process of law
furman v georgia
random and arbitrary manner in which the death penalty was being used throughout the nation violated the prohibition against cruel and unusual punishment. court declared existing death penalty statutes to be unconsitutional-four years later court upheld newly revised death penalty laws, now exists 38 states.
anti terrorism and effective death penalty act
sharply reduces the teime for death row appeals.
miller v california
allows communities to decide what is obscene
they cannot restrain an action before the activity has actually occured. (censorship)
mapp v ohio
court applied exclusionary rule to every ciminal court in the nation, ensuring that evidence obtained unconstitutionally would be inadmissible at trail. court has recognized some exceptions. (good faith exception)
policy forbidding the admission at the trial of illegally seized evidence.
privacy act of 1974
regulated use of federal government information about private individuals, every citizen has the right to obtain copies of personal records collected by federal agencies and to correct inaccuracies in such records.