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					Court Cases
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Judicial Process
    two cases
Marbury v. Madison
• Established judicial review
McCullough v.
• Stated the supremacy of the
  Federal government over
  the states. The Necessary
  and Proper Clause and
  Elastic Clause are
   Free Speech
1 st Amendment
   Eight Cases
New York Times v. US
• The Government must meet a high
  standard of proof to show the need
  for Prior Restraint of the press. (The
  Governments attempted to prevent
  the New York Times from publishing
  the Pentagon Papers)
• 1st Amendment
Hazelwood v.
• A public school can edit what is in
  a school news paper. The school
  news paper is for curriculum not
  for political speech.
1 st Amendment
Texas v. Johnson
• Burning the US flag is Symbolic
  Speech and is protected under
  the constitution.
1st Amendment
Tinker v. Des Moines
• A student wearing an arm band
  to school is Symbolic Speech and
  is protected if it does not provide
  a distraction to the learning
1st Amendment
Schenck v. US
• Speech that is a Clear and
  Present danger is not protected.
1 st Amendment
New York Times v. Sullivan
• Free speech protects even false
  speech against a public official.
 The speech would not be protected if it
 can be shown to have been made
 knowingly with reckless and malice.
1st   amendment
Near v. Minnesota
• Freedom of the press (Free
  Speech) applies to the States.
1st and 14th Amendment
Miller v. California
• Obscenity is not protected
• Community standards are used
  to determine what is obscenity.
1st Amendment
Rights of the Accused
   4 th 5th 6th & 14th
      Eight Cases
Gideon v. Wainwright
• The State must provide the
  accused with an attorney in
  criminal cases.
6th & 14th Amendments
Furman v. George
• The death penalty is in its self not
  cruel and unusual.
• Death penalty sentencing must
  follow the due process clause of
  the 14 th Amendment.

8th and 14th Amendments
Mapp v. Ohio
• Any evidence that seized in
  violation of the 4th amendment
  has to be excluded from trial at
  the State level.
• Applied the Exclusionary Rule to
  the States.
Terry v. Ohio
• Officers can frisk a suspect based
  on the standard of Reasonable an
• The frisk is to protect the officer.
• Established the Terry Frisk.
4th and 14th Amendment
In re Gaul
• The Court held that the
  proceedings for juveniles had to
  comply with the requirements of
  the Fourteenth Amendment.
14 th Amendment
Miranda v. Arizona
• The State can not use evidence
  against a individual unless the
  individual is informed of his rights
  at the time he becomes a
5th and 14th Amendment
Escobedo v. Illinois
• The right of the suspect to remain
  silent during interrogation.
6 th and 14th Amendment
New Jersey v. T.L.O.
• The public schools have a right to
  search students based on the
  Reasonable Suspension. (The
  normal standard is Probable Cause)
4 th and 14th Amendments
The Establishment
 1st Amendment

     six cases
Engle v. Vitale
• No school led prayer in public
1st and 14th Amendments
• The State providing services such
  as transportation, fire and police
  protection to parochial schools
  does not violate the
  Establishment clause.
1st Amendment
• The State aid to non public schools
  must meet a three part test.
• Neither advance nor hinder
• It must be for a secular propose.
• It must avoid excessive government
1 st Amendment
Santa Fe v. Doe
• Student led prayer over a the
  public address system at school
  sponsored sporting events
  violates the Establishment
1st Amendment
Reynolds v. US
• Religious duty is not a defense
  against criminal charges.
1st Amendment
Oregon v. Smith
• Religious beliefs do not excuse a
  person from having to comply
  with the law or with work related
1 st Amendment
Equal Protection
14th Amendment

 thirteen cases
Dred Scott v. Sanford
• No one but a citizen of the US could
  be a citizen of a State.
• Slaves were not citizen and could
  seek protection of the Constitution.
• Ruled the Missouri unconstitutional
Articles III and IV of the Constitution
Plessey v. Ferguson
• Up held State imposed racial
• The 14th Amendment was not in
  violation if the facilities were
  Separate but Equal.
14th Amendment
Brown v. Board of
• Separate but Equal has no place
  in public schools.
• Separate facilities in education
  are unequal and are a violation of
  the 14 th Amendment.

14th Amendment
Gitlow v. New York
• First Amendment free speech
  protections apply to the States
  through the 14 th Amendment.

1st and 14th Amendments
Roe v. Wade
• A women’s right to an abortion
  falls under the right to privacy
  which is an enumerated right
  found in the 9th amendment.
9 th and 14th Amendment
California v. Bakke
• A rigid use of a quota system for
  admitting students into medical
  school is a violation of the Civil
  Rights Act of 1964 and a violation
  of the equal protection clause of
  the 14 th Amendment.

14th Amendment
Baker v. Carr
• The Supreme Court does have
  jurisdiction over legislative
14th Amendment
Reynolds v. Sims
• The Equal Protection Clause
  requires that apportionment of
  State Representatives be as close
  to One Man One Vote as
14th Amendment
Wesberry v. Sanders
Congressional districts must be
 roughly equal in population
Griswold v. Conn
• A State law that criminalized
  marriage councilors discussing
  birth control was a violation of
  the Right to Privacy found in
  the 9 th Amendment.

9 th and 14th Amendment
Planned Parenthood v.
• The States can impose regulations
  on abortions as long as they do
  not impose an “Undo Burden” on
  the women’s right to an abortion.
• The States can place limits on
9th and 14th Amendments
Baby Jane Doe
• Parents have a right to make
  medical decisions concerning
  their children.
9th and 14th
Barron v. Baltimore
• The 5th Amendments rights do not
  apply to States.
• The Bill of Rights was intended to
  protect US Citizen from the National
  Government not the States.
• The Bill of Rights does not apply to the
5th Amendment
The Slaughterhouse
• The 14th Amendment only protects the
  “Privileges or immunities” given as a US
  citizen not as a citizen of a State.
• The 14th Amendment does not give any
  additional protection to the citizen of a
• A narrow interpretation of the 13th and
  14th Amendment.
5th, 13th and 14th Amendments