Government
Mr. Gourley
CASE
Civil Liberties and Civil Rights
Landmark Court Decisions
LEGAL QUESTION
1. Lee v. Weisman (1992)
school prayer (graduation)
2. Capitol Square Review and Advisory Board v. Pinette (1995)
KKK wants to build a cross on public land
JOSH BABIARZ
RULING/IMPACT
Does the KKK have the right to
build a cross on a public square
alongside other symbols?
Yes.
3. Santa Fe Independent School District v. Doe (2000)
school prayer (football game)
JORDAN BEEMON
Does a prayer at a public
school football game violate
the 1st Amendment?
YES.
4. Brown v. Hot, Sexy and Safer Productions, 68 F3d 525 (1995)
sexually explicit school presentation
GEMAL BEST
Does a school sex-ed presentation
without parent permission violate
the parent’s due process?
5. Bethel School District No. 403 v. Fraser (1986)
dirty speech given by candidate for student elective office
DEVIN BRAND
Was Matt Fraser’s speech
protected by the 1st
Amendment?
Did the principal’s
censorship of the school
newspaper violate students’
1st Amendment freedom of
press rights?
Does a “moment of silence
for meditation and prayer”
violate the establishment
clause of the 1st
Amendment?
No, the school has the right to
act “in loco parentis” (in
place of the parent).
Not in school.
6. Hazelwood School District v. Kuhlmeier (1988)
school censorship of student newspaper
DANIELLE BOVINO
7. Wallace v. Jaffree (1985)
moment of silence at school
CHANEL BRIGHT
No. Prior restraint is okay
in a school setting.
Yes. Organized prayer is
prohibited in school.
8. Tinker v. DesMoines School District (1969)
antiwar protest at school
LONZIE CARTER
9. Furman v. Georgia (1972)
death penalty
10. Schenk v. United States (1919)
encouragement of draft resistance
11. New York Times v. United States (1971)
government censorship of stolen secret materials (prior
restraint)
12. Feiner v. New York (1951)
freedom of speech and disorderly conduct
GWEN DAVIS
13. Miller v. California (1973)
what constitutes pornography/obscenity
14. United States v. O’Brien (1968)
burning of draft cards
15. Gregory v. Chicago (1969)
protest march in front of mayor’s home
ERIK DIAZ
16. Widmar v. Vincent (1981)
use of public facilities by religious group
NICK DIXON
17. Chicago v. Morales (1999)
anti-loitering law
DONTREAL EVANS
18. United States v. Eichman (1990)
flag burning
ROB GILES
Is wearing a black armband
protected symbolic speech under
the 1st Amendment?
YES.
Did Feiner’s arrest for
breach of the peace violate
his 1st amendment freedom
of speech?
No, because his speech was
leading to violence and
disrupting traffic.
Was the demonstration
protected under 1st
Amendment freedom of
assembly?
YES.
Did Chicago’s antiloitering ordinance
violate the 1st
Amendment freedom of
association?
YES. Laws cannot
criminalize one’s right to
associate with others on
public property.
Is flag burning protected
symbolic speech under the 1st
YES, if not a
19. Agostini v. Felton (1997)
public school teachers in private schools
20. Reno v. ACLU (1997)
freedom of speech on the internet
TIERRA WILLIAMS
21. Gideon v. Wainwright (1963)
right to counsel
MICHAEL GREEN
22. Mapp v. Ohio (1961)
search and seizure
JASON GUTIERREZ
23. Regents of California v. Bakke (1978)
race-based admissions policy
MALLORY JABAAY
Amendment?
clear & present
danger
Are people guaranteed
representation under the 6th
Amendment in a non-capital
trial?
Was the search of Mapp’s
suitcase permitted by the 4th
Amendment?
YES, in any CRIMINAL
case, one’s right to an
attorney cannot be taken.
No. The exclusionary rule
doesn’t allow illegally
obtained evidence into court.
Race cannot be the SOLE
Does a racial quota for
college admission violate factor in an admission
decision.
14th Amendment equal
protection?
24. U.S. v. Nixon (1974)
executive privilege/confidentiality
26. RIAA v. Verizon Internet Services (2003)
internet downloads / privacy
27. Korematsu v. United States (1944)
Japanese war internments
28. Brandenbyrg v. Ohio (1969)
political advocacy
29. Schechter Poultry Corporation v. United States (1935)
federal government and intrastate trade
30. Heart of Atlanta Motel, Inc. v. United States (1964)
discrimination in public accommodation
LATRELL JONES
Can a hotel owner
discriminate on the basis of
NO. If a business is
31. Board of Education v. Earls
drug testing in schools
JACOB KOLWYCK
32. Boy Scouts of America v. Dale (2000)
prohibition against gay scouts
JUSTIN LEVY
33. Cohen v. California (1971)
f-word on a jacket
CORNELIOUS LOWE
34. Hurley v. Irish American Gay, Lesbian, and Bisexual Group of
Boston (1995)
inclusion/exclusion in a parade
MARLENE MILES
35. Church of the Lukumi Babalu Aye v. Hialeah
ritual animal slaughter
KHYREE PIERCE
36. Oncale v. Sundowner Offshore Services (1998)
same-sex sexual harassment
MONTSERRAT RAMIREZ-PERALTA
37. McDonald v. City of Chicago (2010)
handgun ban
JAMES ROBERTS
race?
“open” it can’t
discriminate.
Does a random drug test of
student athletes violate the
4th Amendment freedom
from unreasonable search?
Was Dale’s freedom of
association violated when
the Boy Scouts excluded him
for being gay?
Is the f-word protected
speech in a public place?
Does exclusion from a
Catholic parade violate
GLIB’s 1st amendment
freedom of speech?
Did the City ordinance
banning animal sacrifice
violate the church’s 1st
Amendment freedom of
religion?
Can sexual harassment occur
between members of the
same gender?
Did the Chicago handgun
ban violate the 2nd
Amendment right to bear
arms?
Drug tests are okay if done
randomly.
No. Boy Scouts represents
religious values and is a
private organization.
YES.
NO. Not if the parade is
religious.
YES.
YES.
People may now register
handguns within the city.
38. Graham v. Florida (2010)
death penalty for non-homicide juveniles
PATRICK ST. JOHN
39. South Dakota v. Dole (1987)
federal highway funds and state drinking age
MICHAEL TAPLEY
40. Federal Communications Commission v. Pacifica Foundation
(1978)
banned words on TV/radio
ABREYA TAYLOR
41. Arizona v. Gant (2009)
police searches of automobiles
DOMINIQUE THOMAS
42. Citizens United v. Federal Election Commission (2010)
Campaign contributions and free speech
PAIGE WILSON-COLEMAN
Can Congress take away
highway funds from a state
over its drinking age?
Is the FCC’s regulation of
radio waves protected by the
1st Amendment?
Is a search conducted after
handcuffing a defendant a
violation of 4th Amendment
search and seizure?
Are campaign
advertisements protected by
the 1st Amendment?
YES.
“banned words case”
YES. No probable cause
existed.
Yes. Corporations can buy
political ads.
Landmark Court Case Brief
DUE FRIDAY (50 PTS). Must be typed/hand written. Plagiarized is an automatic zero.
I. The Facts
a. Who, what, when, where?
II. Legal Issue(s) before the Court
a. What questions of law does the case raise?
b. What part(s) of the Constitution and/or amendments apply?
III. The Holding (Decision) of the Court (Outcome- 9-0, 5-4)
a. majority/unanimous (EVERY CASE WILL HAVE ONE. TELL ME WHICH
Justice wrote it, what it stated etc.)
b. Concurring- agree with majority but for different reason (Think
about pizza example) If there is one tell me same info as majority.
Dissenting- disagrees with decision of the case. If there is one tell
me same info as majority.
IV. Significance of the Case (Case Law)
1. Why is this case important? Significance.
2. Answer the legal question that you wrote down from packet.
answer it using your opinion based off research.
HELPFUL WEB ADDRESSES:
www.law.cornell.edu
www.findlaw.com