AP Gov Ch 4 Court cases

was a decision by the Supreme Court of the United States holding that the Fourteenth Amendment to the United States Constitution had extended the First Amendment's provisions protecting freedom of speech and freedom of the press to apply to the governments of U.S. states. Along with Chicago, Burlington & Quincy Railroad Co. v. City of Chicago (1897), it was one of the first major cases involving the incorporation of the Bill of Rights. It was also one of a series of Supreme Court cases that defined the scope of the First Amendment's protection of free speech and established the standard to which a state or the federal government would be held when it criminalized speech or writing.

• Gitlow v New York

• Lemon v Kutzman

• Roth v US

• Miller v California

was a case argued before the Supreme Court of the United States. The court ruled in an 8–1 decision that Pennsylvania's Nonpublic Elementary and Secondary Education Act (represented through David Kurtzman) from 1968 was unconstitutional, violating the Establishment Clause of the First Amendment. The act allowed the Superintendent of Public Schools to reimburse private schools (mostly Catholic) for the salaries of teachers who taught in these private elementary schools from public textbooks and with public instructional materials.

• Gitlow v New York

• Lemon v Kurtzman

• Roth v US

• Miller v California

along with its companion case Alberts v. California, was a landmark case before the United States Supreme Court which redefined the Constitutional test for determining what constitutes obscene material unprotected by the First Amendment.

• Gitlow v New York

• Lemon v Kurtzman

• Roth v US

• Miller v California

a landmark decision by the United States Supreme Court where the court redefined its definition of obscenity from that of "utterly without socially redeeming value" to that which lacks "serious literary, artistic, political, or scientific value". It is now referred to as the three-prong standard or the Miller test.

• Gitlow v New York

• Lemon v Kurtzman

• Roth v US

• Miller v California

a landmark decision of the U.S. Supreme Court in which the Court ruled that the freedom of speech protections in the First Amendment to the U.S. Constitution restrict the ability of American public officials to sue for defamation. Specifically, it held that if a plaintiff in a defamation lawsuit is a public official or person running for public office, not only must he or she prove the normal elements of defamation—publication of a false defamatory statement to a third party—he or she must also prove that the statement was made with "actual malice", meaning that the defendant either knew the statement was false or recklessly disregarded whether or not it was true.

• New York Times v Sullivan

• Texas v Johnson

• Red Lion Broadcasting Co v FCC

• Mapp V Ohio

a decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in holding that defendant Gregory Lee Johnson's act of flag burning was protected speech under the First Amendment to the United States Constitution. Johnson was represented by attorneys David D. Cole and William Kunstler.

• New York Times v Sullivan

• Texas v Johnson

• Red Lion Broadcasting Co. v FCC

• Mapp v Ohio

upheld the equal time provisions of the Fairness Doctrine, ruling that it was "the right of the public to receive suitable access to social, political, esthetic, moral, and other ideas and experiences." However, it strongly suggested that broadcast radio stations (and, by logical extension, television stations) are First Amendment speakers whose editorial speech is protected. In upholding the Fairness Doctrine, the Court based its rationale partly on a scarce radio spectrum. The FCC, by administrative rule-making, had required that discussion of public issues be presented on broadcast stations, and that each side of those issues must be given fair coverage. As a result, the FCC added an "equal time rule" and a "response to personal attack" rule. Red Lion Broadcasting Co. challenged these rules as unconstitutionally infringing on the speech of the station's editorial judgment. Justice Byron White, writing for the majority, explained: "the FCC has included among the conditions of the Red Lion license itself the requirement that operation of the station be carried out in the public interest."

• Texas v Johnson

• Red Lion Broadcasting co. v FCC

• Mapp v Ohio

• New York Times v Sullivan

a landmark decision of the U.S. Supreme Court in which the Court ruled that the exclusionary rule, which prevents prosecutors from using evidence in court that was obtained by violating the Fourth Amendment to the U.S. Constitution, applies not only to the U.S. federal government, but also to the U.S. states. The Supreme Court accomplished this by use of a principle known as selective incorporation; in Mapp this involved the incorporation of the provisions, as interpreted by the Court, of the Fourth Amendment which is applicable only to actions of the federal government into the Fourteenth Amendment due process clause which is applicable to actions of the states.

• New York Times v Sullivan

• Red Lion Broadcasting Co. v FCC

• Mapp v Ohio

• Texas v Johnson

a landmark decision of the U.S. Supreme Court in which the Court ruled that the Fifth Amendment to the U.S. Constitution prevents prosecutors from using a person's statements made in response to interrogation in police custody as evidence at their trial unless they can show that the person was informed of the right to consult with an attorney before and during questioning, and of the right against self-incrimination before police questioning, and that the defendant not only understood these rights, but voluntarily waived them.

• Miranda v Arizona

• Gregg v Georgia

• Planned Parenthood v Casey

• Barron v Baltimore

reaffirmed the United States Supreme Court's acceptance of the use of the death penalty in the United States, upholding, in particular, the death sentence imposed on Troy Leon Gregg. Referred to by a leading scholar as the July 2 Cases and elsewhere referred to by the lead case Gregg, the Supreme Court set forth the two main features that capital sentencing procedures must employ in order to comply with the Eighth Amendment ban on "cruel and unusual punishments". The decision essentially ended the de facto moratorium on the death penalty imposed by the Court in its 1972 decision in Furman v. Georgia

• Miranda v Arizona

• Gregg v Georgia

• Planned Parenthood v Casey

• Near v Minnesota