Court Cases

39 important questions on Court Cases

Harper v Virginia Board of Elections

(1966) "incorporation" applied 24th amendment to states.

Smith v Allwright

(1944) Smith tried voting in primary; white primaries were shut down by the supreme court because it affected the national voting.

Gomillion v Lightfoot

(1960) Made racial Gerrymandering illegal.
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Texas v White

(1869) Ended the compact theory (states could break off at any time).

Missouri v Holland

(1920) Supremacy clause was defined; national law reigns supreme. (About duck hunting)

U.S. v Pink

(1942) Executive agreements have the same force as a treaty without senate approval.

Emerson v Board of Education of the Township of Ewing

(1947) didn't violate the establishment clause because NOT busing catholic students would be violating it.

Marsh v Chambers

(1983) Nebraska State Legislature has daily prayer and Supreme Court said it did not break the Establishment Clause. Says didn't bc then they'd have to change it in government everywhere around the country

Walz v State Tax Commission of New York

(1970) Churches didn't pay taxes. Supreme Court ruled in favor of Tax Commission because if churches were taxed it could be used as blackmail to get rid of them.

Welsh v U.S.

Young men avoided going to Vietnam by claiming their religion said thou shalt not kill. Established the "requirements" of religion.

Engle v Vitale

(1962) School had a different minister come in every week to say the same prayer. Supreme Court struck it down because prayer had "God" in it. Struck down prayer in public school.

School District of Abington Township PA v Schempp

(1963) Supreme Court struck down reciting daily bible verses.

Stone v Graham

(1980) Had the 10 Commandments posted in school. Supreme Court ruled they could only be there as a historical document.

McCreary Co., KY v ACLU of KY

(2005)  10 Commandments in courthouse

Van Orden v Perry

(2005) Posted 10 Commandments on state capital.

Wallace v Jaffre

(1985) Moment of silence prayer was stricken down by supreme court and then created moment of silence.

Helland v South Bend Community School Corporation

(1997) Substitute teacher was fired for bringing a Bible to school. Supreme Court refused to hear.

Lee et. al. v Weisman

(1992) Prayer at graduation by a minister

Santa Fe Independent School District v Doe

(2000) Student-led, student initialed prayer at football games.

Adler v Duval Co. School Board

(2000) Prayer at a graduation by a student.

Widmar v Vincent

(1981) Religious expression in a public university.

Good News Club v Milford Central School

(2001) Religious expression in a public school.

Lynch v Donnelly

(1985) Nativity scene in city park

County of Allegheny v ACLU

(1989) Holidays displayed on public policy.

Capitol Square Review and Advisory Board v Pinette, et.al.

(1995) Holiday displays on public policy.

Lemon v Kurtzman

(1971) Lemon Test:
1. Aid must be for a secular purpose.
2. Aid must be religion neutral.
3. Aid must not foster excessive government entanglement in religion.

Sherbert v Verner

(1963) Seventh-Day Adventist.

Wisconsin v Yoder

(1972) Old order Amish-didn't have to send children to school.

Church of Lukumi Babalu Aye v City of Hialeah

(1992) Santeria-cut open chickens

Minersville v Gobitis

(1940) Pledge of Allegiance was required for children to say-ruled in favor of states.

West Virginia v Barnette

(1943) Pledge of Allegiance. Ruled in favor of Barnette.

Elk Grove Unified School District v Newdow

(2004) Pledge of Allegiance. Didn't want daughter saying Under God and was struck down since he was not her legal guardian.

Tinker v Des Moines Independent Community School District

(1969) Wearing of black arm bands-ruled in favor of Tinker and protected symbols speech.

Texas v Johnson

(1989) Johnson burned American flag; 5-4 ruled in favor of Johnson through symbolic speech.

Chaplinsky v New Hampshire

(1942) Chaplinsky criticized people and religion and created the boundaries for fighting words.

New York Times v Sullivan

(1964) "Actual Malice" Doctrine for public officials to sure. Has to have total reckless disregard for the truth.

Burnett v National Enquirer

(1981) false story and proved actual malice.

Hustler Magazine v Falwell

(1988) Couldn't provide actual malice because of a small disclaimer on the bottom page.

Brandenburg v Ohio

(1969) "Clear and Imminent Danger" Doctrine; struck down the Clear and Present Danger Doctrine. Threat must have real probability in the present time.

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