Exam 2

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cgarrels
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67292
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Exam 2
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2011-03-15 22:54:45
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Chambless Civil Liberties SCOTUS
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Supreme Court Civil Liberties
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  1. 1879 Reynolds v. US
    • 1A does not protect polygamy, neither by freedom of expression
    • or religious freedom
    • One man one woman at a time
  2. 1890 Davis v. Beason
    • No right to polygamy
    • Constitution does not protect plural marriage
    • State can compel an oath affirming compliance with law against
    • bigamy
    • Not a religious purpose
  3. 1919 Schenck v. U.S.
    • 1A does not protect anti war protesters in times of formally declared war
    • "speech which constitutes a clear and present danger" not protected
  4. 1919 Abrams v. U.S.
    • 1A allows government to send troops into a nations civil war w/o formal declaration
    • 1964 NY Times v. Sullivan
    • Media shielded from libel liability re public persons
    • actual malice requirement
  5. 1925 Gitlow v. New York
    • 14A incorporates 1A free speech clause to the states
    • Bill of rights applies to the states
    • except 5A indictment requirement
    • except 8A ban on excessive bail
  6. 1927 Whitney v. California
    • 1A does not protect groups seeking to overthrow gov't
    • Brandeis argues against O.W. Holmes
    • Clear and present danger should err on the side of speech
  7. 1931 Near v. Minnesota
    1A no prior restraint of Media unless troops placed in harm's way
  8. 1932 Powell v. Alabama
    • 6A requires defendants have a positive right to counsel
    • Federal criminal standards applied to states
  9. 1935 Patterson v. Alabama
    • 6A holds that excluding black people from a jury list incompatible with fair
    • trial
  10. 1937 DeJonge v. Oregon
    • 1A allows a person to attend a peaceful unpopular Communist Party rally
    • (association)
  11. 1937 Palko v. Connecticut
    • Bill of Rights has a priority "implicit in the concept of ordered liberty" Cardozo
    • Federal protection of BOR apply to states (14A)
  12. 1938 Lovell v. Griffin
    1A allows religious groups to distribute lit. w/o permit
  13. 1941 Edwards v. California
    • Article I Section 8 Clause 3 allows poor to travel across state lines to live and
    • work- no anti Okie law (Great Depression)
  14. 1941 Hague v. CIO
    1A upholds freedom of assembly in public forums eg city streets
  15. 1942 Chaplinsky v. NH
    1A does not protect profane public speech "fighting words doctrine"
  16. 1943 W.V.A v Barnette
    1A students have a right not to salute flag (graven image as seen by J. Witnesses
  17. 1944 Smith v. Allwright
    15A denies state (Texas) white primary
  18. 1946 Hannegan v. Esquire
    1A denies government ability to deny mailing of "offensive" items
  19. 1947 Everson v. Bd. of Ed.
    1A establishment clause wall of separation with regard to church and state
  20. 1948 Shelley v. Kraemer
    restrictive covenants are not enforceable by the state
  21. 1949 Terminiello v. Chicago
    • 1A allows racist antisemitic speech, overturned disorderly conduct
    • foundation of speech is to "invite dispute"
  22. 1951 Dennis v. U.S.
    • 1A does not protect speech about communism; talk can cause convictions
    • McCarthy Era Red Scare
  23. 1952 Rochin V. California
    • 14A Due process is violated by conduct which shocks the conscience
    • Conviction on Evidence obtained by force or torture or other heinous methods
    • reversed
  24. 1952 Burstyn v. Wilson
    1A allows sacrilegious films ie "The Miracle"
  25. 1954 Brown v. Board of Education
    Overturns Plessy v. Ferguson (separate but equal is per se unequal)
  26. 1957 Watkins v. U.S.
    1A denies HUAC authority to compel testimony re Communist Party
  27. 1957 Yates v. U.S.
    • 1A allows speech about communism; Dennis limited; Smith act narrowly construed
    • Warren court uses a "balance test between
  28. 1958 Trop v. Dulles
    8A citizenship can't be stripped for desertion
  29. 1958 Kent v. Dulles
    5A due process prevents states requiring loyalty oaths
  30. 1958 Speiser v. Randall 14a
    veterans/loyalty oath
  31. 1958 NAACP v. Alabama
    privacy inherent in freedom of association
  32. 1959 Smith v. California
    book sellers must knowingly sell obscene material
  33. 1961 Mapp v. Ohio
    4A exclusions of illegally siezed evidence applies to states
  34. 1961 Poe v. Ullman
    14A does not prevent ban of contraceptives
  35. 1962 Engel v. Vitale
    1a no official prayer
  36. 1963 Gideon v. wainright
    6a right to legal aid in felony cases
  37. 1964 Escobedo v. Illinois
    6A right to have counsel present when questioned
  38. 1964 Jacobellis v. Ohio
    porn allowed in theatres
  39. 1964 Baggett v. Bullitt
    1A no loyalty oaths 14a vagueness
  40. 1964 Carroll v. Princess Anne Co.
    • can't ban rallies indefinitely, courts can issue tr's when
    • fighting words cause an imminent threat of violence
  41. 1965 U.S. v. Seeger
    • conscientious objection does not require religion per se but
    • merely sincerely held belief
  42. 1965 Griswold v. Connecticut
    marital privacy derived from 14a liberty
  43. 1965 Lamont v. Postmaster General
    state can't burn/destroy communist propaganda
  44. 1966 Miranda v. Arizona
    • 5a, 6a, suspects must be informed of right to counsel, right against self
    • incrimination before questioning
  45. 1966 Bond v. Floyd
    1A can't deny seats to legislators with unpopular beliefs
  46. 1966 Sheppard v. Maxwell
    6A trumps freedom of press in order to preserve fairness at trial
  47. 1967 Loving v. VA
    due process 14a right to marry whomever one wishes
  48. 1967 Kevishian v. Regents
    state can't compel loyalty oaths from public employees
  49. 1967 In re Gualt
    due process applies to minors
  50. 1968 Epperson v. Arkansas
    state can't forbid teaching of ideas it doesn't like, e.g. evolution
  51. 1968 O'Brien v. U.S.
    burning draft cards not a protected form of speech
  52. 1968 Washington v. Lee
    prisons must be integrated 14a equal protection
  53. 1968 Levy v. Lousiana
    state can't discriminate based on legitimacy
  54. 1968 King v. Smith
    can't discriminate against unmarried women welfare
  55. 1969 Brandenburg v. Ohio
    overturns whitney, threat to state must be imminent
  56. 1969 Tinker v. Des Moines
    Armbands, symbolic speech protected in school
  57. 1969 Stanley v. Georgia
    state can't punish mere possession of obscene materials
  58. 1969 Watts v. U.s.
    • political hyperbole protected form of speech even when threatening
    • violence
  59. 1969 Gregory v. Chicago
    peaceful demonstrators not liable for conduct of other hostiles
  60. 1969 Street v. New York
    burning flag protected symbolic speech
  61. 1969 Reed v. Reed
    state can't discriminate based on sex
  62. 1969 U.S. v. Vuitch
    • due process, health of mother includes psychiatric concerns
    • statute not vague
  63. 1970 Goldberg v. Kelly
    due process requires a hearing before welfare claims denied
  64. 1971 NY Times v. U.S.
    prior restraint not justified by national security (Pentagon Papers)
  65. 1971 Cohen v. California
    1a can't prohibit speech because it is offensive
  66. 1972 Furman v. Georgia
    arbitrary and capricious death penalty application prohibited by 8a
  67. 1971 Eisenstadt v. Baird
    • states can't criminalize sale of contraception states can't interfere with
    • reproductive rights (privacy)
  68. 1973 Miller v. California
    Pornography protected, not obscenity, three prong test
  69. 1973 Doe v. Bolton
    abortions after fetus is viable if medically necessary
  70. 1973 Frontiero v. Richardson
    • 14a due process, equal protection army can't discriminate benefits based
    • on sex
  71. 1973 Holtzman v. Schlesinger
    • Douglas granted stay stopping bombing, overturned by other members same day
    • "SCOTUS ought not decide military/political questions
  72. 1974 Gertz v. Welch
    • media has more liability when it comes to private individuals, don't
    • have to prove actual malice
  73. 1974 U.S. v. Nixon
    President not above the law no absolute executive immunity
  74. 1975 Goss v. Lopez
    14a due process requires hearing before suspension from school
  75. 1975 O'Connor v. Donaldson
    • indefinite confinement not retributive does not violate
    • due process/ 8 amendment
  76. 1976 Buckley v. Valeo
    candidates spending constitutes protected speech
  77. 1976 Neb Press Assn v. Stuart
    • prior restraint order to protect defendant's right to fair trial unconstitutional
    • because other effective measures were available
  78. 1977 Wooley v. Maynard
    • right not to speak, religious groups covering live free or die slogan, state interest
    • not compelling
  79. 1978 Smith v. Collin
    cert denied nazi's can march in skokie
  80. 1978 In Re Primus
    • 14A prevents regulation of lawyers who engage in solicitation where the purpose
    • is political
  81. 1978 FCC v. Pacifica
    1A does not protect obscene words broadcast on radio during prime time
  82. 1982 Bd. of Ed v. Pico
    libraries can't deny objectionable material
  83. 1983 Bob Jones v. U.S.
    14 A IRS can enforce rules on settled public policy re private education
  84. 1985 Wallace v. Jaffreee
    moment of silence offends establishment clause
  85. 1986 Edward v. Aguillard
    Teachers cannot be required to give equal time to creationism
  86. 1989 Texas v. Johnson
    • Expands first amendment to protect symbolic speech
    • flag burning
  87. 1990 Crusan v. Dir of MO Dep. of Health
    • due process right to die upheld for competents, clear and convincing evidence
    • standard reasonable
  88. 1992 R.A.V. v. St Paul MN
    laws that proscribe speech which arouses anger too vague
  89. 1992 Planned Parenthood v. Casey
    Reaffirms ROE v. Wade, some reasonable restrictions on abortion allowed
  90. 1992 Lee v. Weissman
    prayer at graduation offends establishment
  91. 1992 Hudson v. McMillan
    beating of shackled inmates cruel and unusual
  92. 1993 Wisconsin v. Mitchell
    hate crime law can only punish acts, not speech
  93. 1993 J.E.B. v. T.B.
    Prosecutor can't challenge jurors based on gender
  94. 1993 Church of the Lukumi v. Hialeah
    groups can't be singled out
  95. 1994 Ladue v. Gilleo
    towns can't ban signs on private property
  96. 1995 McIntyre v. Ohio Elections
    state can't stop anon. dist. of campaign literature
  97. 1995 Capitol Square Review bd v. Pinette
    KKK can put a cross in a public forum w/o offending establishment
  98. 1995 Hurley v. Irish-American Gay Lesbian Bisexual Group of Boston
    Private groups can exclude participants who don't share values
  99. 1996 Romer v. Evans
    14a colorado amendment violates due process of gays
  100. 1997 Reno v. ACLU
    congress' regulation of indecent speech too vague
  101. 1997 Chandler v. Miller
    no urine test for public office (privacy)
  102. 1997 Boerne v. Flores
    overturned religious freedom restoration act
  103. 1997 Washington v. Glucksberg
    no due process/equal protection right to Physician assisted suicide
  104. 1998 Bragdon v. Abbott
    HIV covered by ADA due process
  105. 1998 Oncale v. Sundowner
    CRA Title VII applies to same sex harrassment
  106. 1999 Chicago v. Morales
    loitering law violates due process
  107. 1999 Saenz v. Roe
    no residency requirements for welfare 14a priveleges or immunities
  108. 2000 Stenberg v. Carhart
    partial birth ban too broad, does not protect health
  109. 2000 Santa Fe Ind. School District v. Doe
    students can't vote to have prayers before football games
  110. 2001 INS v. St. Cyr
    immigrants have standing to seek writs of habeas corpus in deportation cases
  111. 2002 Atkins v. Virginia
    capital punishment of mentally retarded cruel and unusual 8a
  112. 2006 Lopez v. Gonzales
    Congress can't deport non-citizens for drug felony 14a
  113. 2007 Brendlin v. California
    4a passenger not subject to seizure when driver pulled over for ticketing
  114. 2007 FEC v. Wisconsin Right to Life
    1a, McCain-Feingold unconstitutional

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