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Important Court Cases

Subject : law
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1. Race-based affirmative action was permissible so long as it was in the service of creating greater diversity

2. Florida recount in 2000 election was a violation of fourteenth amendment's equal protection clause

3. Segregate with al 'due and deliberate speed'

4. Invalidated 1989 Flag Protection Act

5. Demonstrations near schools that disrupted classes could be legally banned

6. Giving money to political campaign = free speech - so wealthy people can now spend as much of their own money as they want if they choose to run for federal office

7. Any defendant who asked for a lawyer had to have one granted to him - or any confession after that point is inadmissible

8. Executive efforts to prevent publication forbidden (Ellsburg & Vietnam)

9. Federal courts = final authority on creation of house districts

10. Threw out undergraduate system of selection - generally upheld Bakke

11. Intentional infliction of emotional distress was permissible First Amendment speech as long as it was about a public official - and no one would actually think it was fact

12. NC makes mandatory punishment for certain crimes - deemed unconstitutional

13. Fighting words - certain offensive types of speech prohibited

14. First time court overturned state law on constitutional grounds.

15. Cities could legitimately require parade permits in the interest of pubic order (Jehovah's Witnesses march w/out permit)

16. 'Bad Tendency Doctrine -' speech restricted if it has tendency to lead to illegal actions; selectively incorporated freedom of speech to states

17. Forbids execution of defendants who are mentally retarded

18. Fed can limit speech that doesn't lead to action (upholding Smith Act - which made it a crime to support any communist organization)

19. School district can suspend students for lewd or indecent speech

20. Federal wiretaps of phone conversation is constitutional

21. All defendants must be informed of legal rights before they are arrested

22. Peaceable assembly for lawful discussion cannot be made a crime - selectively incorporated right to lawful assembly to all state governments

23. Selectively incorporates freedom of the press - prevents prior restraint -state injunctions to prevent publication unconstitutional

24. All state governments must provide an attorney in all cases for those who can't afford one - powerful repudiation of Betts v Brady

25. Race cannot be sole or predominant factor in redrawing legislative district boundaries (1982 VRA wants them to do that - though)

26. Established exclusionary rule

27. Clear and present danger (yelling fire) - Holmes

28. Not libel when they thought it was true at the time of printing

29. Strikes by labor unions are constitutional

30. NY could not grant steamship company monopoly - increased federal power over interstate commerce

31. Confessions given immediately before rights are given means the confession is still admissible

32. Libel and obscenity not protected by first amendment - so three-part obscenity test established

33. Separate is not equal

34. Overturned Olmstead - warrants were required to listen in on phone conversation

35. States did not have power to tax the national bank - reinforces supremacy clause

36. Secular rather than religious purpose? neither promote nor discourage religion? avoid 'excessive entanglement?'

37. Separate but equal for races

38. State govs must provide counsel in cases involving the death penalty to those who can't afford it

39. Helped states to engage in eminent domain - said that fifth amendment right to take private property for public use is legal for states without eminent domain

40. Protesters have substantially fewer assembly rights in malls and other private establishments

41. FCRA mandated that places of public accommodation are prohibited from discrimination against blacks

42. Mandated 21-year-old drinking age (if you don't feds will take away all federal highway funds

43. BSA could expel any homosexual member they wanted because of first amendment right of expressive association

44. Overruled Powell - state govs do not have to provide lawyers to indigent defendants in capital cases

45. Citizens of Japanese descent could be interned and deprived of basic constitutional rights due to executive order

46. Extended exclusionary rule to the states

47. Gave states more power to regulate abortion

48. African Americans denied right to vote in primaries = violate fifteenth amendment

49. Prohibited state-sponsored recitation of prayer in public schools

50. Ordered house districts to be near as equal as possible - enshrined principal of 'one man - one vote.'