Key court case summaries - APGOV14-15

• Gitlow v. New York – incorporated the first amendment to the
• Tinker v. Des Moines – students do have symbolic speech rights in
school unless speech cause a substantial learning disruption
• Hazelwood v. Kuhlmeir – student newspapers are subject to being
edited by school administrators, students do not have total
freedom of press
• Texas v. Johnson – flag burning is protected speech
• Morse v. Frederick - non-political disruptive student speech (drug
use) and goes again school mission can be regulated.
• Phelps v. Frederick – protesting at military funerals is protected
speech even if it potentially causes emotional harm
• Everson v. Board of Education – repayment of
transportation fees to private school students does not
violate the establishment clause of first amendment.
• Engle v. Vitale – no mandatory school prayer led by school
• Lemon v. Kurtzman – established Lemon test (aid must
have secular purpose, not advance or inhibit religion, and
not cause “excessive entanglement with religious
• Wallace v. Jaffre – no moment of silent prayer in school
• Employment division – drug use is not included in free
exercise of religion
• Santa Fe v. Doe – no student led prayer over intercom
• DC v. Heller - ownership of handgun for those
not in military is okay
• McDonald v. Chicago – 2nd amendment applies
to states
• Mapp v. Ohio – established the exclusionary rule
• Terry v. Ohio – no warrant or probable cause
need for stop and frisk
• New Jersey v. TLO – reasonable suspicion needed
to search students in school, not a warrant
• Verona v. Acton – random drug testing of
student athletes does not violate 4th
amendment – athletes have less privacy
• U.S. v. Jones – warrant needed to place
tracking device on automobile
• Betts v. Brady – lawyer not required at the
state level for non-capital offenses
• Gideon v. Wainwright – overturned Betts –
lawyer fundamental right states can not deny
• Miranda v. Arizona – must be made aware of rights as part
of due process rights
• Furman v. Georgia – outlaws the death penalty for a period
of time in the U.S.
• Gregg v. Georgia – overturns Furman and reinstates death
• Ford v. Wainwright – executing people with mental
disabilities violates the 8th amendment
• Roper v. Simmons – executing minors is cruel and unusual
• Graham v. Florida- life in prison with no parole for non
capital offense committed by minor violates 8th
• Roe. Wade – allows for right of women to
have abortion (no limits 1st trimester, health of
mother 2nd, (4th and 9th amendments)
• New York Times v. Sullivan – sets standard for
libel, must have knowingly published false
statements with malicious intent