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Encyclopedia > Landmark case

A landmark decision is the outcome of a legal case (often thus referred to as a landmark case) that establishes a precedent that either substantially changes the interpretation of the law or that simply establishes new case law on a particular issue. Certain cases within this category are widely know in legal studies and may be reviewed by law students even if they have been overturned by later decisions. Precedent is the principle in law of using the past in order to assist in current interpretation and decision-making. ... Law (a loanword from Old Norse lag), in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow... Case law - Wikipedia /**/ @import /skins/monobook/IE50Fixes. ...


The term "landmark decision" is not a formal legal term but a colloquialism, however it is in widespread use amongst legal professionals - over 5,000 published opinions of lower courts can be found identifying some precedent as a landmark decision in the field of law being addressed. A colloquialism is an informal expression, that is, an expression not used in formal speech or writing. ...

Contents


Comparison with cause célèbre

A landmark decision differs from a cause célèbre in that a case that draws public attention may not involve any substantial changes to the law or creation of new law, whereas conversely a landmark decision may not impinge upon the consciousness of the general public. This article is being considered for deletion in accordance with Wikipedias deletion policy. ...


The Lindbergh kidnapping was a sensational crime of the 1930s. One may call it a cause célèbre. The alleged kidnapper was captured, tried and executed several years after the crime. The correctness of that death sentence is in dispute even until today. However, the legal basis of the decision itself does not involve with too much theoretical dispute. The Congress of the United States later passed the "Lindbergh Law" that made cross-state kidnapping a federal crime (otherwise, it will be a state crime). This, arguably, could have been a "landmark decision", if the Supreme Court rather than the Congress made the change (this is nearly impossible - the only way such a change could be made by a court is if an existing law could reasonably be interpreted to mean Congress intended it to have such an effect). Lindbergh baby kidnapping poster. ... // Events and trends The 1930s were spent struggling for a solution to the global depression. ... Capital punishment, also referred to as the death penalty, is the judicially ordered execution of a prisoner as a punishment for a serious crime, often called a capital offense or a capital crime. ... Seal of the Congress. ... Following the historic Lindbergh kidnapping (the abduction and murder of Charles Lindberghs toddler son), United States Congress adopted a federal kidnapping statute—popularly known as the Lindbergh Law — which was intended to let federal authorities step in and pursue kidnappers once they had crossed a state border with their...


Criminal law was originally reserved for the states in the U.S. The Congress, with the help from the Commerce Clause, later enacted numerous federal criminal statutes. If the Supreme Court one day finds the Commerce Clause not applicable to criminal laws, it will very likely to be called a landmark decision by legal professionals. Criminal law (also known as penal law) is the body of law that punishes criminals for committing offences against the state. ... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, empowers the United States Congress To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. ...


If, for whatever reason, Bruno Hauptmann was found not to be the person who killed Charles Lindbergh's son, his case would have been called cause célèbre in a way similar to the famous case of Alfred Dreyfus (see Dreyfus affair). Bruno Richard Hauptmann (November 26, 1899 _ April 3, 1936) was a German carpenter and criminal, sentenced to death and executed for the Lindbergh kidnapping, the abduction and murder of Charles Augustus Lindbergh III, the 20-month old son of famous pilot Charles Lindbergh. ... Charles Lindbergh with the Spirit of St. ... Alfred Dreyfus in an army uniform, wearing a mustache. ... Alfred Dreyfus in an army uniform, wearing a mustache. ...


Landmark decisions in Australia

Main articles: List of court cases#Australian_court_cases and List of Judicial Committees of the Privy Council & House of Lords cases

Landmark decisions in Australia have usually been made by the High Court of Australia, although historically some have been made by the Judicial Committee of the Privy Council in London. This is a list of significant court cases. ... This page is for notable Judicial Committee of the Privy Council and House of Lords legal cases. ... High Court entrance The High Court of Australia is the court of last resort for the jurisdiction of Australia. ... The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ... The Clock Tower of the Palace of Westminster which contains Big Ben Tower Bridge at night A red double-decker bus crosses Piccadilly Circus. ...

Rt Hon Ben Chifley Joseph Benedict Chifley is gay (September 22, 1885 - June 13, 1951), Australian politician and 16th Prime Minister of Australia, was one of Australias most influential Prime Ministers. ... Rt Hon Robert Menzies Sir Robert Gordon Menzies (20 December 1894 – 14 May 1978), Australian politician, was the twelfth and longest-serving Prime Minister of Australia serving eighteen and a half years. ... This article is about the historical Communist Party of Australia, dissolved in 1991. ... Eddie Mabo & Ors v The State of Queensland (No. ... Terra nullius is a Latin expression meaning empty land or no mans land. The term refers to a 17th century doctrine that described land that was unclaimed by a sovereign recognised by European authorities and land that was not owned at all. ...

Landmark decisions in Canada

Main articles: List of Supreme Court of Canada cases and List of Judicial Committees of the Privy Council & House of Lords cases

Landmark decisions in Canada are have usually been made by the Supreme Court of Canada, although historically some have been made by the Judicial Committee of the Privy Council in London. This is a chronological list of notable cases decided by the Supreme Court of Canada. ... This page is for notable Judicial Committee of the Privy Council and House of Lords legal cases. ... The Supreme Court Building in Ottawa The Supreme Court of Canada is Canadas highest court and is located in the capital city of Ottawa. ... The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ... The Clock Tower of the Palace of Westminster which contains Big Ben Tower Bridge at night A red double-decker bus crosses Piccadilly Circus. ...


Landmark decisions in the United Kingdom

Main articles: List of court cases#United_Kingdom_court_cases, List of Judicial Committees of the Privy Council & House of Lords cases, and List of cases involving Lord Denning

Landmark decisions in the United Kingdom have usually been made by the Court of Appeal or the House of Lords, and in rare cases by the Judicial Committee of the Privy Council and the High Court of Justice of England and Wales. Many have involved contributions from Lord Denning. This is a list of significant court cases. ... This page is for notable Judicial Committee of the Privy Council and House of Lords legal cases. ... Chronological list of cases in which Lord Denning sat as a judge. ... Court of Appeals is the title of certain appellate courts in various jurisdictions. ... This article is about the British House of Lords. ... The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ... Her Majestys High Court of Justice (known more simply as the High Court) is, together with the Crown Court and the Court of Appeal, part of the Supreme Court of England and Wales in England and Wales: see Courts of England and Wales. ... Alfred Thompson Denning, Baron Denning (23 January 1899–6 March 1999) was a British barrister from Hampshire who became Master of the Rolls (the senior civil judge in the Court of Appeal of England and Wales) and was generally well liked, both within the legal profession and outside it. ...

Darcy v. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, and Canada to uniquely identify the location of past court cases in special series of books called reporters. ... Events March 24 - Elizabeth I of England dies and is succeeded by her cousin King James VI of Scotland, uniting the crowns of Scotland and England April 28 – Funeral of Elizabeth I of England in Westminster Abbey July 17 or July 19 - Sir Walter Raleigh arrested for treason. ... In economics, a monopoly (from the Greek monos, one + polein, to sell) is defined as a persistent market situation where there is only one provider of a kind of product or service. ... Hadley v. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, and Canada to uniquely identify the location of past court cases in special series of books called reporters. ... 1854 was a common year starting on Sunday (see link for calendar). ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... The Exchequer of Pleas or Exchequer was one of the three common-law courts of Medieval and Early Modern England. ... Royal motto: Dieu et mon droit (French: God and my right) Englands location within the UK Official language English de facto Capital London de facto Largest city London Area  - Total Ranked 1st UK 130,395 km² Population  - Total (2001)  - Density Ranked 1st UK 49,138,831 377/km² Religion...

Landmark decisions in the United States

Landmark cases in the United States come most frequently (but not exclusively) from the United States Supreme Court. United States Courts of Appeal may also make such decisions, particularly if the Supreme Court chooses not to review the case, or adopts the holding of the court below. Although many cases from state supreme courts are significant in developing the law of that state, only a few are so revolutionary that they announce standards that many other state courts then choose to follow. The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States...

Main articles: List of court cases#United_States_court_cases, List of United States Supreme Court cases, and Sex-related court cases in the United States
This section should be merged into List of United States Supreme Court cases.

(Some of these decisions are from Northwestern University's list entitled Supreme Court's Greatest Hits) This is a list of significant court cases. ... This is a chronological list of notable cases decided by the Supreme Court of the United States. ... There have been a number of cases decided by the United States Supreme Court or by the courts of the various states regarding pornography, sexual activity and what consenting adults are allowed to do in the privacy of their homes (or sometimes, in other places). ... This is a chronological list of notable cases decided by the Supreme Court of the United States. ... The Arch, the main entrance to Northwesterns Evanston campus Northwestern University is a private university situated in Evanston, Illinois, on a 240 acre (970,000 m²) campus along the shores of Lake Michigan. ...


Landmark decisions in U.S. Civil Rights

Discrimination based on race

Holding Blacks, whether slaves or free, could not become United States citizens and the plaintiff therefore lacked the capacity to file a lawsuit. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, and Canada to uniquely identify the location of past court cases in special series of books called reporters. ... Amendment XIII (the Thirteenth Amendment) of the United States Constitution states: Section 1 Section 2 Congress shall have power to enforce this article by appropriate legislation. ... Amendment XIV (the Fourteenth Amendment) of the United States Constitution is one of the post-Civil War amendments and includes the due process and equal protection clauses (Section 1). ... A constitutional amendment is an alteration to the constitution of a nation or a state. ... Plessy v. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, and Canada to uniquely identify the location of past court cases in special series of books called reporters. ... Separate but equal was a policy enacted into law throughout the U.S. Southern states during the period of segregation, in which African Americans and Americans of European descent would receive the same services (schools, hospitals, water fountains, bathrooms, etc. ... Holding Racial segregation in public education violates the Equal Protection Clause of the Fourteenth Amendment; separate facilities are “inherently unequal. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, and Canada to uniquely identify the location of past court cases in special series of books called reporters. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, and Canada to uniquely identify the location of past court cases in special series of books called reporters. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, and Canada to uniquely identify the location of past court cases in special series of books called reporters. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, and Canada to uniquely identify the location of past court cases in special series of books called reporters. ... Bolling v. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, and Canada to uniquely identify the location of past court cases in special series of books called reporters. ... Holding Racial segregation in public education violates the Equal Protection Clause of the Fourteenth Amendment; separate facilities are “inherently unequal. ... ... The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... Adarand Constructors, Inc. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, and Canada to uniquely identify the location of past court cases in special series of books called reporters. ... Grutter v. ... President Johnson signing the Civil Rights Act of 1968 On April 11, 1968, President Lyndon Johnson signed the Civil Rights Act of 1968 (also known as CRA 68), which was meant as a follow-up to the Civil Rights Act of 1964. ... Holding Virginias prohibition of interracial marriage violated the Equal Protection and Due Process clauses of the Fourteenth Amendment. ... Miscegenation is an archaic neologistic term invented in 1863 to describe people of different human races (usually one European and one African) producing offspring; the use of this term is invariably restricted to those who believe that the category race is meaningful when applied to human beings. ... Time Regents of the University of California v. ... The Equal Protection Clause is a part of the Fourteenth Amendment to the United States Constitution, providing that no state shall. ... Grutter v. ...

Discrimination based on gender

  • Frontiero v. Richardson, 411 U.S. 677 (1973) Sex-based discriminations are inherently suspect. A statute giving benefits to the spouses of male, but not female members of the uniformed services (on the assumption that only the former were dependent) is unconsitutional.
  • Craig v. Boren, 429 U.S. 190 (1976) Setting different minimum ages according to sex (female 18, male 21) to be allowed to buy beer is unconstitutional sex-based discrimination, contrary to the equal protection clause.
  • United States v. Virginia, 518 U.S. 515 (1996) Virginia Military Institute, as a state-operated institution, cannot exclude women

Frontiero v. ... Craig v. ... The Virginia Military Institute (VMI), located in Lexington, Virginia, was the first state-supported military college and is the only all military college in the nation. ...

Discrimination based on sexual orientation

  • Bowers v. Hardwick, 478 U.S. 186 (1986) a state may declare the private practice in one's bedroom of certain sex acts to be a crime; ironically this statute that was upheld by the U.S. Supreme Court was later struck down by the Georgia State Supreme Court in the case of Powell v. Georgia (actually Powell v. State). In 2003, the Supreme Court revisited the Bowers decision and formally overturned it in Lawrence v. Texas.
  • Romer v. Evans, 517 U.S. 620 (1996) A law cannot prohibit anti-discrimination laws for homosexuals (decision founded on the equal protection clause).
  • Lawrence v. Texas, 539 U.S. 558 (2003) Texas law that prohibits gays from engaging in consensual sodomy in private is an unreasonable invasion of privacy, prohibited by Fourteenth Amendment due process clause.

Holding A Georgia law prohibiting sodomy was valid because there was no constitutionally protected right to engage in homosexual sodomy. ... Powell v State goes against the argument in Bowers v Hardwick (1998) when they determine that they cannot hold charges against a man who ahd performed consentually cunnilingus with his compliant. ... Holding A Texas law prohibiting homosexual sodomy violated the liberty under the Fourteenth Amendment of adults to engage in private intimate conduct. ... Holding An amendment to the Colorado Constitution that allows discrimination against homosexuals and prevents the state from protecting them violated equal protection under the Fourteenth Amendment, because it was not rationally related to a legitimate state interest, but instead only served to bash a minority group. ... Holding A Texas law prohibiting homosexual sodomy violated the liberty under the Fourteenth Amendment of adults to engage in private intimate conduct. ... State nickname: Lone Star State Other U.S. States Capital Austin Largest city Houston Governor Rick Perry Official languages None. ... Law (a loanword from Old Norse lag), in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow... Homosexuality may refer to: A sexual orientation characterized by aesthetic attraction, romantic love, and sexual desire exclusively or almost exclusively for members of the same sex or gender identity. ...

Fundamental rights

  • Griswold v. Connecticut, 381 U.S. 479 (1965) married people are entitled to use contraception and making it a crime to sell them to same is unconstitutional. (A later case, Eisenstadt v. Baird, extended this to unmarried adults.)
  • Cruzan v. Director, Missouri Dept. of Health, 497 U.S. 261 (1990) A right to die case. Family having requested the termination of life-sustaining treatments of their vegetative relative, the state may constitutionally oppose this request, for lack of evidence of a clear earlier wish by said relative. (The state later withdrew its objection.)
  • Planned Parenthood v. Casey, 505 U.S. 833 (1992) Pennsylvania's abortion law is unconstitutional and Roe v. Wade is still valid precedent.
  • Roe v. Wade, 410 U.S. 113 (1973) Most restrictions on 1st Trimester abortion are unconstitutional
  • Vacco v. Quill, 521 U.S. 793 (1997) New York's prohibition on assisting suicide does not violate the Equal Protection Clause
  • Washington v. Glucksberg, 521 U.S. 702 (1997) Washington's prohibition on assisting suicide is constitutional

Holding A Connecticut law criminalizing the use of contraceptives violated the right to marital privacy. ... Eisenstadt v. ... A persistent vegetative state (or PVS) is a condition of patients with severe brain damage in whom coma has progressed to a state of wakefulness without awareness. The term was introduced by two doctors in 1972 to describe a syndrome that seemed to have been made possible by medicines... Holding A Pennsylvania law that required spousal notification prior to obtaining an abortion was invalid under the Fourteenth Amendment because it created an undue burden on married women seeking an abortion. ... Holding Texas laws criminalizing abortion violated womens Fourteenth Amendment right to choose whether to continue a pregnancy. ... Precedent is the principle in law of using the past in order to assist in current interpretation and decision-making. ... Holding Texas laws criminalizing abortion violated womens Fourteenth Amendment right to choose whether to continue a pregnancy. ... Constitutionality is the status of a law, procedure, or act being in accordance with the laws or guidelines contained in a constitution. ...

Power of Congress to enforce civil rights

  • City of Boerne v. Flores, Archbishop of San Antonio, 521 U.S. 507 (1997). In the context of Constitutional rights, Congress cannot invoke substantive change in Constitutional protections (here, the Religious Freedom Restoration Act of 1993), but can only enact legislation that remedies or prevents actual violations of existing rights.
  • Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964), the Federal Civil Rights Act of 1964 can be applied to a place of public accommodation, prohibiting discrimination against blacks.
  • Katzenbach v. McClung, 379 U.S. 294, 379 U.S. 802 (1964) the power of Congress to regulate interstate commerce (Article I, section 8) extends to a restaurant not patronized by interstate travellers, as it serves food which has moved in interstate commerce. This ruling makes the Civil Rights Act of 1964 apply to virtually all businesses.

City of Boerne v. ... President Johnson signs the Civil Rights Act of 1964. ... African Americans, also known as Afro-Americans or black Americans, are an ethnic group in the United States of America whose ancestors, usually in predominant part, were indigenous to Sub-Saharan and West Africa. ...

Landmark decisions in U.S. Criminal Rights

Freedom from unreasonable search and seizure

  • Mapp v. Ohio 367 U.S. 643 (1961) Evidence obtained by searches and seizures in violation of the United States Constitution is inadmissible in a criminal trial in a state court.
  • Katz v. United States, 389 U.S. 347 (1967) Evidence obtained by wiretaping a public phonebooth without a warrant is not amissible in court, just as if a private phone line had been eavesdropped. The Fourth Amendment protects people, not places.
  • Vernonia School District v. Acton, 515 U.S. 646 (1995) Schools may require random drug testing

Mapp vs. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, and Canada to uniquely identify the location of past court cases in special series of books called reporters. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme... Katz v. ...

Right to an attorney

  • Gideon v. Wainwright 372 U.S. 335 (1963), anyone charged with a serious criminal offense has the right to an attorney and the state must provide one if they are unable to afford legal counsel.
  • Escobedo v. Illinois 378 U.S. 478 (1964), a person in police custody has the right to speak to an attorney.
  • Miranda v. Arizona (and Westover v. United States, Vignera v. New York, and California v. Stewart) 384 U.S. 436 (1966), police must advise criminal suspects of their rights under the Constitution to remain silent, to consult with a lawyer and to have one appointed if he is an indigent. The interrogation must stop it the suspect states he wishes to remain silent.

Gideon v. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, and Canada to uniquely identify the location of past court cases in special series of books called reporters. ... Escobedo v. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, and Canada to uniquely identify the location of past court cases in special series of books called reporters. ... Miranda v. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, and Canada to uniquely identify the location of past court cases in special series of books called reporters. ...

Capital punishment

  • Jurek v. Texas 428 U.S. 262 (1976), a "three-pronged" test for determining if the death penalty should be imposed is constitutional.
  • Woodson v. North Carolina, 428 U.S. 280 (1976) North Carolina's mandatory death sentence statute violates the Eighth and Fourteenth Amendments
  • Furman v. Georgia, 408 U.S. 238 (1972), the method then in effect for imposing the death penalty is unconstitutional.
  • Gregg v. Georgia, 428 U.S. 153 (1976) Carefully drafted death penalty statutes may be constitutional. This ruling made executions possible again after Furman v. Georgia (see above) had stopped them.
  • Proffitt v. Florida, 428 U.S. 242 (1976) Requirement of comparison of mitigating to aggravating factors to be used to impose death sentence is constitutional.
  • Roberts v. Louisiana, 428 U.S. 325 (1976), 431 U.S. 633 (1977) Mandatory death sentences are unconstitutional

Death Penalty World Map Color Key: Blue: Abolished for all crimes Green: Abolished for crimes not committed in exceptional circumstances (such as crimes committed in time of war) Orange: Abolitionist in Practice Red: Legal Form of Punishment Capital punishment, also referred to as the death penalty, is the judicially ordered... The Eighth Amendment to the United States Constitution, which is part of the U.S. Bill of Rights, protects against excessive bail or fines, as well as against cruel and unusual punishment. ... Amendment XIV (the Fourteenth Amendment) of the United States Constitution is one of the post-Civil War amendments and includes the due process and equal protection clauses (Section 1). ... Furman v. ... Gregg v. ...

Landmark decisions in U.S. Federalism

  • Marbury v. Madison 5 U.S. 137 (1803), a case which established the Supreme Court's power to strike down acts of United States Congress which were in conflict with the Constitution.
  • Clinton v. Jones, 520 U.S. 681 (1997) The President of the United States has no immunity which would requires civil law litigation against them, for facts unrelated to their office (having occurred before he took office) to be stayed until the end of their term. This would deprive litigants of their Sixth Amendment right to a speedy trial.
  • Martin v. Hunter's Lessee, 14 U.S 304 (1816) federal courts may review State court decisions when they rest on federal law or the federal constitution. This decision provides for the uniform interpretation of federal law throughout the various states.
  • McCulloch v. Maryland, 17 U.S. 316 (1819). The court stated the doctrine of implied powers, from the necessary and proper clause at Article I, section 8. To fulfill its goal, the federal government may use any means the constitution does not forbid (as opposed to only what the constitution explicitly allow, or only what can be proven to be necessary). State governement may in no way hinder the legitimate action of the federal governement (here, Maryland cannot levy a tax on the Bank of the United States). The court has varied in time on the extents of the implied powers, with a markedly narrower reading approximately from the 1840's to the 1930's.
  • Printz v. United States, 521 U.S. 898 (1997) Brady Act requiring state official to execute a federal law (in doing background checks for gun ownership) is unconstitutional.
  • South Dakota v. Dole, 483 U.S. 203 (1987) Withholding of Federal highway funds to force state to raise drinking age to 21 is permissible.
  • U.S. Term Limits v. Thornton, 514 U.S. 779 (1995) State law cannot set term limits on members of Congress.
  • United States v. Lopez, 514 U.S. 549 (1995) The Commerce clause of the Constitution does not give Congress the power to regulate guns in state-operated schools.
  • United States v. Nixon, 418 U.S. 683 (1974) The President of the United States is not above the law.

Holding Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, and Canada to uniquely identify the location of past court cases in special series of books called reporters. ... The Congress of the United States is the legislative branch of the federal government of the United States of America. ... Seal of the President of the United States The President of the United States is the head of state of the United States. ... The Sixth Amendment (Ratified December 15, 1791) to the United States Constitution guarantees rights related to criminal prosecutions in federal courts. ... Martin v. ... Holding Although the Constitution does not specifically give Congress the power to establish a bank, it does delegate the ability to control national economic policy, which a bank can be considered part of. ... United States v. ... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, empowers the United States Congress To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. ... United States v. ...

Landmark decisions in First Amendment Rights

The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ...

Freedom of Speech and of the Press

  • Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991) nude dancing is not protected by the 1st Amendment.
  • Brandenburg v. Ohio, 395 U.S. 444 (1969) Mere advocacy of the use of force, or of violation of law (in this case, by a Ku Klux Klan leader) is protected by the 1st Amdendment free speech clause. Only inciting others to take direct and immediate unlawful action would be without constitutionnal protection.
  • Cohen v. California, 403 U.S. 15 (1971) One should not be convicted for wearing a jacket in a courtroom emblazoned with the phrase "Fuck the Draft" (in the Vietnam War context), as this is communication, protected by the free speech clause of the 1st Amendment. The word "fuck" itself, clearly not directed at the hearer, is not in this particular instance a fighting word, and so not without constitutional protection.
  • Hustler Magazine v. Falwell, 485 U.S. 46 (1988) a public figure shown in a parody must show actual malice to claim he is libelled.
  • Miller v. California, 413 U.S. 15 (1973) To be obscene, a work must fail several tests to determine its value to society, essentially having "no redeeming social value" to be so declared.
  • New York Times v. Sullivan (and Abernathy v. Sullivan), 376 U.S. 254 (1964) A public official, to prove they were libelled, must show not only that a statement is false, but also that it has been published with malicious intent.
  • New York Times v. United States, 403 U.S. 713 (1971) Government's desire to keep so-called "Pentagon Papers" classified is insufficient to overcome 1st Amendment hurdle.
  • Roth v. United States (and Alberts v. California), 354 U.S. 476 (1957) Obscene material is not protected by the First Amendment
  • Texas v. Johnson, 491 U.S. 397 (1989) Law prohibiting burning of the American flag is unconstitutional as violating the First Amendment
  • Tinker v. Des Moines Ind. Comm. School Dist., 393 U.S. 503 (1969) Wearing armbands is a legitimate form of protest under the First Amendment
  • Reno v. ACLU, 520 U.S. 1113 (1997) The Commmunications Decency Act, regulating certain content on the Internet, is so overbroad as to be an unconstutional restraint on the 1st Amendment.

Holding Ohios criminal syndicalism statute violated the First Amendment, as applied to the state through the Fourteenth, because it broadly prohibited the mere advocacy of violence rather than the constitutionally unprotected incitement to imminent lawless action. ... Holding The First Amendment, as applied through the Fourteenth, prohibits states from making the public display of a single four-letter expletive a criminal offense, without a more specific and compelling reason than a general tendency to disturb the peace. ... The Vietnam War was fought from 1957 to 1975 between Soviet-supported Vietnamese nationalist and Communist forces and an array of Western and pro-Western forces, most notably the United States. ... Fuck is among the strongest, most controversial expletives in the modern English language and probably the most well-known vulgarism in the world. ... Holding The creators of parodies of public figures are protected by the First Amendment against civil liability, unless the parody includes false statements of fact made in knowing or reckless disregard of the truth. ... Miller v. ... Holding The First Amendment, as applied through the Fourteenth, protected a newspaper from being sued for libel in state court for making false defamatory statements about the official conduct of a public official, because the statements were not made with knowing or reckless disregard for the truth. ... New York Times Co. ... Roth v. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... Holding A Texas statute that criminalized the desecration of the American flag violated the First Amendment. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... In Reno v. ...

Freedom of Religion

  • Abington School Dist. v. Schempp (and Murray v. Curlett), 374 U.S. 203 (1963) First Amendment non establishment clause forbids state mandated reading of the bible, or recitation of the Lord's Prayer in public schools.
  • Agostini v. Felton, 521 U.S. 203 (1997) A government program sending government employees to parochial schools (and also, to other private schools) specifically to provide remedial education to disadvantaged children (and not to all children) does not violate the First Amendment non establishment clause.
  • Church of Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993) Government must show a compelling interest to draw a statute targeting a religions ritual (as opposed to a statute which happens to burden the ritual, but is not directed at it). Failing to show such an interest, the prohibition of animal sacrifice is a violation of First Amendment free exercise clause.
  • Wisconsin v. Yoder, 406 U.S. 205 (1972) Parents may remove children from public school for religious reasons
  • Rosenberger v. University of Virginia, 515 U.S. 819 (1995) University can't fund secular groups from student dues, then exclude religious ones that also qualify under the same funding scheme.
  • Lee v. Weisman, 505 U.S. 577 (1992) Public schools inviting clergy to read prayer at an official ceremony (here a graduation ceremony) violate 1st Amendment non-establishment clause.

Court citation is a standard system used in common law countries such as the United States, United Kingdom, and Canada to uniquely identify the location of past court cases in special series of books called reporters. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... The Lords Prayer (sometimes known by its first two Latin words as the Pater Noster, in Greek as the , or the English equivalent Our Father) is probably the best-known prayer in Christianity. ... The Church of Lukumi Babalu Aye came up after Employment Division v. ... Wisconsin v. ... Lee v. ...

Right to Assemble and Petition the Government

  • Hurley v. Irish American Gay Group of Boston, 515 U.S. 557 (1995) private parade organizers have a right to exclude groups from participating whose message they disagree with.
  • Boy Scouts of America v. Dale, 530 U.S. 640 (2000) Private organizations' First Amendment right of expressive association allows them to choose their own membership and expel members based on their sexual orientation even if such discrimination would otherwise be prohibited by anti-discrimination legislation designed to protect miniorities in public accommodations.

Boy Scouts of America et al v. ...

Landmark Decisions in Other Areas of U.S. Law

  • San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973) use of property tax as means to finance public education is constitutional
  • Fletcher v. Peck, 10 U.S. 87 (1810), first time the Court struck down a State law as unconstitutional. A State legislature (in this case, Georgia) can repeal a previous, corruptly made law (in this case, a land grant), but not void valid contracts made under this law.

Fletcher v. ...

See also


  Results from FactBites:
 
Landmark decision - Wikipedia, the free encyclopedia (3437 words)
A landmark decision is the outcome of a legal case (often thus referred to as a landmark case) that establishes a precedent that either substantially changes the interpretation of the law or that simply establishes new case law on a particular issue.
Landmark decisions in Canada are have usually been made by the Supreme Court of Canada, although historically some have been made by the Judicial Committee of the Privy Council in London.
Landmark decisions in the United Kingdom have usually been made by the Court of Appeal or the House of Lords, and the High Court of Justice of England and Wales.
landmark cases (1540 words)
It is less important to remember the specific facts of a landmark case (e.g., Johnnie Baxstrom was transferred from a New York prison to Dannemora State Hospital) and more important to be able to recognize a similar pattern of facts later in an actual case or a board exam.
Most of the landmark cases are appeals court decisions, as opposed to trial court decisions; they address legal issues decided by lower courts and appealed to higher courts such as the United States Supreme Court, a United States Court of Appeals, or a state supreme court.
Legal issues commonly raised in the landmark cases include denial of Fourteenth Amendment rights (due process and equal protection), cruel and unusual punishment in violation of the Eighth Amendment, and civil rights deprivations under 42 U.S.C. The most important part of the landmark case is the court's ruling or "holding".
  More results at FactBites »


 

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