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Key Supreme Court Cases

AB
Tinker v. Des Moinessymbolic speech including one's dress is protected
Mapp v. Ohiothe government cannot use evidence gathered illegally
Gideon v. Wainwrightif jail time is the possible penalty, states are required to provide needy defendants an attorney
U.C. Regents v. Bakkeuniversities may consider race as a factor in admissions, but quotas are unconstitutional
New York Times v. the United Statesthe court upholds the government's right to prior restraint, but only in the case of an immediate, real threat to national security
Brown v. Topeka Board of Education I & IIfound that segregated schools are inherently unequal
Marbury v. Madisonthe Supreme Court has the right to use judicial review
Schenck v. the United StatesFreedom of Speech is not protected if the speech presents a "clear and present" danger to people's safety
New York Times v. Sullivanestablished the actual malice standard requiring that the plaintiff in a defamation or libel case prove that the publisher of the statement in question knew that the statement was false or acted in reckless disregard of its truth or falsity
Engel v. Vitaleit is unconstitutional for a school to ask/suggest/offer public prayer
New Jersey v. T.L.O.schools may search a student's property at school if they have any suspicion of illegal activity
Furman v. Georgiafound that up to this time (1972), the death penalty was more likely to be used on minorities, therefore making it violation of the equal protection clause of the 14th Amendment
Miranda v. Arizonarequired police to inform a suspect of his constitutional rights before questioning one about a crime
Lemon v Kurtzmancreated a test to see if government involvement with a religious organization was constitutional or not
McCullough v. Marylandupheld the supremacy clause and a broad interpretation of the necessary and proper clause
Pottawatomie v. Earlswhile public schools may not begin programs to randomly drug test all students, they can randomly test those who participate in extracurricular activities
Freedom of the Pressthe right to print written opinions without government cesorship
Freedom of Speechthe right to state one's opinion
Fighting Wordswritten or spoken words, generally expressed to incite hatred or violence from their target. They are not protected speech.
Obscenityan extremely offensive word, image, or expression. They are not protected speech.
Political Correctnessforms of expression or action that are perceived to exclude, marginalize, or insult groups of people who are socially disadvantaged or discriminated against. People may ban such words on thier property (including schools).
Freedom of Religiona citizen's right to their religious views is protected
The Establishment Clausethe government cannot create a government sponsored/supported religion
Free Exercisecitizens are free to practice any religion (or no religion) they wish
Freedom to Petitioncitizens have the right to write letters/complain to their representatives
Freedom to Assemblecitizens have the right to, peacifully, meet together in groups
Right to Bear Armscitizens have the right to have weapons for protection
4th Amendmentlimits the government's right to search us
5th Amendmentwe cannot be forced/coerced into testifying against one'self (self-incrimination)
6th Amendmentthe right to an attorney
8th Amendmentthe government may not use cruel or unusual punishments
Due Process of Lawstates must respect all legal rights that are owed to a person
Equal Protection of the Lawstates must use the law fairly with all its citizens.
Prior Restraintthe government has the right to stop the publication of information that could hurt our nation's security
Hollingsworth v Perryallowed gay and lesbian couples to marry
judicial reviewthe right of the courts to decide if a law is or is not constitutional
Supremacy Clausefederal law is stronger than state law
Necessary and Proper Clausethe federal government can do any action that is essential in carrying out its delegated powers
Precedenta court case that changes our understanding of a law or the Constitution.


Mr.
Franklin High School
Franklin, WI

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