US Gov and Politics - Court Cases

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Engel v Vitale 1962

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Court Cases to know to not fail

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1

Engel v Vitale 1962

The New York Board of Regents had authorized that at the beginning of each day, a short but voluntary prayer would be recited. Several organizations filed suit against the Board of Regents, claiming that the prayer violated the Constitution. The New York Court of Appeals dismissed their arguments.

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2

Establishment clause

Government can’t establish religion

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3

Wisconsin v Yoder 1972

Jonas Yoder, as well as other Amish parents, refused to send their children to school after the 8th grade. In accordance with their religion, they did not agree with high school attendance. They were later charged under a Wisconsin law that required students to attend school until age 16.

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4

Free exercise Clause

Protects citizen’s rights to practice their religion as they please, so long as the practice does not run afoul of “public morals” or compelling governmental interest

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5

Tinker v Des Moines 1969

A group of students decided to wear black armbands in order to protest the Vietnam War. Mary Beth Tinker and Christopher Eckhardt decided that they would wear their armbands to school despite warnings from school administration. After wearing the armbands to school, they were sent home. The students decided to sue their school district for violating the freedom of expression.

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6

Symbolic Speech

Non - verbal speech

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7

Miller v California 1973

The Supreme Court upheld the prosecution of a California publisher for the distribution of obscene materials./ Court doesn’t have a great definition for what obscenity is

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8

Obscenity

State or quality of being offensive

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9

Schenck v US 1919

During World War I, a pair of socialists, including Charles Schenck distributed leaflets that stated the draft violated the 13th Amendment - which prohibits involuntary servitude. The leaflet wanted people to disobey the draft. Schenck was charged with violating the Espionage Act of 1917. They appealed on the grounds of the First Amendment.

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10

Clear and Present Danger

Threat to public safety that is serious and urgent

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11

NY Times Company v Sullivan 1971

New York Times published an ad for contributing donations to defend Martin Luther King, Jr., on perjury charges. The ad contained several minor factual inaccuracies. The city Public Safety Commissioner, L.B. Sullivan, felt that the criticism of his subordinates reflected on him, even though he was not mentioned in the ad. / Win for press. The person bringing the sue must prove there was intent to harm their reputation

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12

Libel

published fake statement that is damaging to a person’s reputation

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13

Slander

Action or crime of making a false spoken statement damaging to a person’s reputation

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14

NY Times Company v US 1971

This case, also known as the Pentagon Papers case had to do with the First Amendment. The Nixon Administration tried to prevent the New York Times from publishing material that belonged to a Defense Department study about US intervention in Vietnam. President Nixon stated that it was necessary to national security to prohibit it before publication, also known as prior restraint.

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15

Prior Restraint

Form of censorship that allows the gov to review the content of printed materials and prevent their publication

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16

Furman v Georgia 1972

Furman was burglarizing a private home when a family member discovered him. He attempted to flee, and in doing so tripped and fell. The gun that he was carrying went off and killed a resident of the home. / Death penalty can be seen as cruel and unusual

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17

8th amendment

Protects against cruel & unusual punishment

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18

McDonald v Chicago 2010

Chicago passed a handgun ban law, and several suits were filed against the city challenging the ban after another case (District of Columbia v. Heller). In that case, the Court had held that a DC handgun ban violated the Second Amendment. There, since the law was enacted by the federal government, the Second Amendment was applicable. 

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19

Selective Incorporation

Fed Gov having ability to prevent states to enacting a law that violates basic constitutional rights

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20

Gideon v Wainwright 1963

Clarence Earl Gideon was charged in Florida state court on a felony - breaking and entering charge. During his trial, Gideon requested that he receive a court-appointed lawyer; however, in accordance with Florida State law, an indigent defendant could only have an attorney be appointed in capital crimes/cases. Gideon then filed a habeas corpus suit, stating that the court’s decision violated his rights to be represented.

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21

Brown v Board of Education 1954

This is one of the most famous cases in US history. Relating to the racial segregation of schools, African American students had been denied admittance to public schools because of these segregation laws, and many argued that this was in violation of the Constitution.

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22

Shaw v Reno 1993

Several North Carolina residents challenged a proposed, unusually shaped district. They believed that the only purpose of the district was that it would definitely elect African-American representatives.

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23

Baker v Carr 1962

Charles Baker stated that an old law (1901) that detailed the apportionment for Tennessee’s General Assembly had been ignored, and stated that reapportionment did not take into account the significant change that the state had gone through.

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24

Marbury v Madison

The 1800 election ended in a defeat for John Adams to Thomas Jefferson. Before Adams’ term ended, Congress passed the Judiciary Act of 1801 (creating new courts, adding new judges). It was an effort by John Adams to keep his own influence in federal courts even though he was leaving office (still occurs today.) His appointments to these courts, however, were not valid until the appointed judges were delivered their commissions by Jefferson’s Secretary of State. Marbury was one of the judges appointed; however, his commission was not delivered. 

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25

McCulloch v Maryland

In 1816, the Second Bank of the United States was chartered; soon after, in 1818, however, Maryland decided to pass a law that imposed taxes on the bank. James McCulloch, who served as a cashier at the Baltimore branch of the Second Bank, decided not to pay the tax. The state court had ruled that the Bank was unconstitutional, to begin with, and that the federal government did not have the authority to charter a bank

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26

United States v Lopez

Alfonzo Lopez was a Texas high school senior who took a concealed weapon inside his school. Federal charges were soon imposed because of his violation of the Gun-Free School Zones Act of 1990. The act stated that individuals could not possess firearms within school zones based on the premise of the Commerce Clause.

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27

Citizens United v Federal Elections Commission

The Bipartisan Campaign Reform Act of 2002 had previously banned corporations from independent political spending and direct contributions to campaigns or political parties. In 2008, Citizens United was not allowed to show an anti-Hillary Clinton movie.

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