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supreme court

Oral arguments and decisions at oyez

supreme court

Full-text decisions at justia

censored

Does a law compelling a business to speak or stay silent violate the First Amendment?

federal vs. state law

Does federal law preempt state law  control immigration?

seat belts

Can police arrest and take someone to jail for not wearing a seat belt?

2

Does double jeopardy apply to the states?

legislature

Can Georgia outlaw sodomy?

calendar

Criminal ex post facto laws are unconstitutional

car near garage

Vehicle search does not extend to home or curtilage

contraceptives

States cannot age-restrict ads, sale, or distribution of contraceptives.

shouting

The First Amendment does not protect fighting words

calf

Free Exercise Clause protects religious animal sacrifice

group walking

Street gang ordinance challenged as vague

annoying

Ordinance against annoying people challenged as vague

sign that says to stop death penalty

No death sentence for rape

car near house

Can police warrantlessly enter private property to search a vehicle parked near a house?

stalking message

When are "creepy" Facebook messages true threats vs. protected speech?

how much?

Law requiring pay at "current rate" challenged as vague

freedom of speech

Anti-syndicalism law challenged as violating free speech

gun

The Second Amendment protects right to self defense

party

Are officers immune from lawsuit for arresting partiers?

abortion yes or no

Does the Constitution confer a right to abortion?

counting

Sixth Amendment right to jury trial applies to crimes carrying more than six months imprisonment

California state line

Can states criminalize interstate transport of indigent people?

Birth control pills

Do unmarried couples have the right to use contraception?

person online

Prosecution must prove subjective intent to threaten

religious pendant and marijuana

Can a state deny unemployment benefits to a worker fired for using illegal drugs for religious purposes?

megaphone

Can states limit speech that poses a clear and present danger to disturb the peace?

crowd

Challenge to anti-criminal syndicalism law as applied to group not advocating crime, violence, or other unlawful acts

state line

Prostitute who agrees to interstate transport for prostitution is not liable for violation or conspiracy to violate the Mann Act

Gideon

States must appoint free lawyers for indigent criminal defendants

man with brick

First Amendment does not prevent government from punishment of political speech that directly advocates its violent overthrow

Pro life vs Pro choice

States may pass partial-birth abortion laws

Euthanasia vs natural death

Doctors can prescribe controlled substances for assisted suicides if allowed under state law

marijuana

Congress can prohibit local marijuana cultivation and use despite compliance with state law

top secret document

Espionage documents need not contain information concerning places or things specifically mentioned in the law

juvenile mugshot

No life without parole for non-homicide juveniles

death row

Revival of the death penalty

lock

Is there a constitutional right to privacy?

border fence

No Bivens expanded liability for cross-border shooting

men with guns

First Amendment does not protect political speech or expressive conduct that materially supports foreign terrorist organizations

grand jury

Must states offer grand juries?

man with grand jury sign

No one-man grand juries

girl

No death sentence for child rape, or any crime other than homicide or crimes against the state

hourglass

Indefinitely postponing prosecution denied the right to a speedy trial

judge and 2 men in court

State cannot criminalize consensual sex between adults of the same sex

3 baseballs

Constitutionality of "Three Strikes Law" sentencing

electric chair

Faulty electric chair execution attempt can be repeated

Is the death penalty allowed for a man who cannot recall his crime?

Miller v. Bonta (CA 2021)

When can a state outlaw a particular firearm?

courtroom testimony

Fifth Amendment privilege against self-incrimination applies to the states

ohio sign

Extending the federal Exclusionary Rule to the states

tapes

Government agents cannot question represented defendant without attorney present

cake

Did the Colorado Civil Rights Commission demonstrate hostility toward sincere religious beliefs?

gun

The Second Amendment right to bear arms for self defense applies to the states

pornography definition

3-part test for obscenity outlined

Murder scene

There is no "murder scene exception" for warrantless searches

blood in vial

Natural alcohol dissipation in blood does not justify warrantless DUI blood draw

tabloid

Prior restraints on speech are generally unconstitutional

man wearing suit in handcuffs

Corporation was held criminally liable for unlawful act of its agent

graffiti of someone complaining of social services interfering in child-rearing, per state police power

States have "police power" -- the right of a sovereign to take all necessary steps to protect the health, safety, and welfare of their citizens

headlines

First Amendment requires defamation or libel claim to assert that statement was knowingly false or reckless 

camera

No Miller obscenity test for child pornography

holstered gun

Second Amendment right includes bearing arms in public for self-defense

jury

Juror selection practices that effectively discriminate by race, even if not explicitly so, violate the Equal Protection Clause

marriage license

State must license a same-sex marriage that was lawfully licensed and performed out-of-state

electric chair

Panetti v. Quarterman (2022)

Does the Eighth Amendment permit execution of an inmate who is aware of the State's reason for his execution, but lacks, due to mental illness, a rational understanding of it?

cats

Any crime in furtherance of a conspiracy that is reasonably foreseeable may lead to criminal liability for any member of the conspiracy

Confrontation

Sixth Amendment right to confront witnesses is fundamental and applies to the states

drunk in public

Chronic alcoholic could not use condition as a defense to public intoxication

train

The first case of "incorporation" - Supreme Court used the 14th Amendment's Due Process Clause to apply the Fifth Amendment's "just compensation" rule to the states

hate crime

First Amendment does not allow states to use content discrimination to achieve a compelling interest if it is not necessary to achieve that interest

people agreeing

Sixth Amendment right to jury trial requires unanimous verdict for conviction of serious state offense

3 people hugging

While Congress cannot outlaw a religious belief in polygamy, it can outlaw its practice 

jury

Jury, not judge, must make death penalty determination

person with hand on head

State cannot punish drug addiction, which is a status rather than an act

pro life vs pro choice

Roe v. Wade (1973)*

Right to privacy allows abortion until a fetus becomes viable

Juvenile

No death penalty for crime committed as a juvenile

man swearing

Roth v. US (1957)*

Later superseded by another decision, this ruling held that the First Amendment does not protect obscene speech

lockers

Public school searches require reasonable suspicion

calculator

Bail systems may charge administrative fees

trap

Entrapment occurs when criminal conduct was "the product of the creative activity" of law enforcement officials

train engineer

Government interest in regulating safety-sensitive tasks is a "special need" that justifies drug testing without warrant or reasonable suspicion

mourners

First Amendment protects funeral protesters from liability for intentionally inflicting emotional distress on the family of the deceased

traps

Entrapment is available as a defense under a plea of not guilty

box of photos

The First Amendment does not allow a state to criminalize the private possession of obscene matter

no speed limit sign

State v. Stanko (MT 1998)

"Reasonable & prudent speed" law rejected for vagueness

ex post facto

Law enacted after expiration of a previously applicable limitations period is ex post facto when applied to revive a previously time-barred prosecution

frisk

Stop & frisk permitted based on reasonable & articulable suspicion

flag burning

First Amendment prevents states from banning desecrations of the American flag

tax bill defaulted

Tyler v. Hennepin County (2023)

Taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Fifth Amendment’s Takings Clause.

pinocchio

No criminal punishment for false statements that do not present a grave and imminent threat

Soviet flag

Law criminalizing Communist executive board member of a labor organization rejected as a bill of attainder

drug bottles

Court upheld strict, vicarious liability for the president of a company convicted of shipping adulterated, misbranded drugs

GPS tracker

Government installing a GPS device & monitoring a vehicle was a Fourth Amendment search

missile silo

US v. Kabat (8th Cir., 1986)

Protestor's use of jackhammer, compressor, other tools on missile silo constituted sabotage

gun

Gun possession is not an economic activity that impacts interstate commerce, so the federal government cannot use Commerce Clause to prohibit gun possession near schools

paycheck

Congress may not forbid payment of a salary to specific person(s), as it would constitute a bill of attainder

soldiers

US v. Miller (1939)*

Only weapons that have a reasonable relationship to a well-regulated militia under the Second Amendment are free from government regulation

cash

Civil forfeitures are neither "punishment" nor criminal for purposes of the Double Jeopardy Clause

injection

There is no violation of the Equal Protection Clause when a state criminalizes assisted suicide

drug test failed

Public school randomly drug-testing children participating in sports programs does not violate the Fourth Amendment

assisted suicide

State may prohibit assisted suicide

subpoena

Sixth Amendment right to subpoena witnesses applies to the states 

gun sight

Man's remark at debate that, if drafted and made to carry a rifle "the first man I want to get in my sights is L.B.J.," held to be hyperbole which did not constitute a knowing and willful threat against the President

prescription

Webb v. US (1919)

Prescriptions of narcotics for maintenance treatment was not within physicians' discretion and thus not privileged under the Harrison Narcotics Act

erasing hate

Increased sentence based on bigoted motives did not violate First Amendment, since law focused not on beliefs but rather, predicted ramifications of crime

Supreme Court

Federal exclusionary rule does not apply to state courts

person throwing rock

The advocacy of forcible overthrow of the government as an abstract principle does not equal advocacy of concrete action

* Case has been overturned