Freedom of Speech
The 1989 Supreme Court case which established that burning the American flag is an example of permissible free speech.
What is Texas v. Johnson?
The 1971 Supreme Court case which the government tried to prevent the publication of the "Pentagon Papers" with prior restraint although this was found to be a violation of the First Amendment.
What is New York Times v. United States?
The 1879 Supreme Court case which ruled that one cannot use religion as a defense to the crime of polygamy. The court ruled that religious practices that impair the public interest do not fall under the First Amendment.
What is Reynolds v. United States?
The 1966 Supreme Court case in which the court found that all defendants must be informed of all their legal rights before they are arrested.
What is Miranda v. Arizona?
The 1976 Supreme Court case which ruled mandatory death penalty sentences as unconstitutional.
What is Woodson v. North Carolina?
The 1919 Supreme Court case which established that speech which evokes a "clear and present danger" is not permissible. This case also had to do with the encouragement of evasion of the draft during WWI.
What is Schneck v. United States?
The 1964 Supreme Court case that determined that if a newspaper prints an article that turns out to be false but that the newspaper thought was true at the time of publication, the newspaper has not committed libel.
What is New York Times v. Sullivan?
The 1962 Supreme Court case which prohibited state-sponsored recitation of prayer in public schools.
What is Engel v. Vitale?
The 1963 Supreme Court case in which the court held that all state governments must provide an attorney in all cases for those who can't afford one.
What is Gideon v. Wainwright?
The 1976 Supreme Court case in which the death penalty did not, in fact, constitute cruel and unusual punishment. it allowed the resumption of the death penalty in America.
What is Gregg v. Georgia?
The 1925 Supreme Court case which held that speech could not be restricted even if it has only a tendency to lead to illegal action. This case also selectively incorporated freedom of speech to state governments.
What is Gitlow v. New York?
The 1931 Supreme Court case which established that state injunctions to prevent publication violate the free press provision of the First Amendment.
What is Near v. Minnesota?
The 1971 Supreme Court case that dealt with state laws intending to give money to religious schools or causes. it held that money had to meet three qualifications: (1) it must have a legitimate secular purpose, (2) it must not have the primary effect of either advancing or inhibiting religion, and (3) it must not result in an excessive entanglement of government and religion. these qualifications are known as the "Lemon test."
What is Lemon v. Kurtzman?
The 1961 Supreme Court case which extended the exclusionary rule to the states, increasing the protections for defendants.
What is Mapp v. Ohio?
The 1972 Supreme Court case in which the court ordered a halt to all death penalty punishments in the nation until a less arbitrary method of sentencing was found.
What is Furman v. Georgia?
The 1969 Supreme Court case which determined that the suspension of students in an Iowa school for wearing black armbands to protest the Vietnam War was unconstitutional.
What is Tinker v. Des Moines?
The 2000 Supreme Court case in which it was found that private organizations' First Amendment right of expressive association allows them to choose their own membership and expel members based on their sexual orientation even if such discrimination would otherwise be prohibited by antidiscrimination legislation designed to protect minorities in public accommodations.
What is Boy Scouts of America v. Dale?
The 1963 Supreme Court case in which the establishment clause of the First Amendment forbids state-mandated reading of the Bible, or recitation of the Lord's Prayer in public schools.
What is Abington School District v. Schempp?
The 1914 Supreme Court case which established the exclusionary rule, which held that illegally obtained evidence could not be used in federal court.
What is Weeks v. United States?
The 2005 Supreme Court case which declared the death penalty unconstitutional for defendants whose crimes were committed as minors, even if they were charged as adults.
What is Roper v. Simmons?
The 2010 Supreme Court case which established that corporations have a First Amendment right to expressly support political candidates for Congress and the White House.
What is Citizens United v. Federal Election Commission?
The 1940 Supreme Court case which determined that strikes by labor unions were not unlawful.
What is Thornhill v. Alabama?
The 1990 Supreme Court case which determined that the state could not deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was part of a religious ritual.
What is Employment Division v. Smith?
The 1932 Supreme Court case in which the court ruled that state governments must provide counsel in cases involving the death penalty to those who can't afford it.
What is Powell v. Alabama?
The 2002 Supreme Court case which forbid the execution of defendants who are mentally handicapped.
What is Atkins v. Virginia?