Unit 3 AP Govt. Court Cases

chapter 4's natural rights cases

Barron v. Baltimore *(1933)*

Bill of Rights did **not** apply to states

Gitlow v. New York *(1925)*

free speech **does** apply to state government

Palko v. Connecticut *(1937)*

all fundamental *(natural)* rights are protected

Palko Test

Is this an essential right?

Schneck v. US *(1919)*

* clear and present danger test
* government can restrict speech due to certain reasons
* not protected by the 1st amendment from being arrested after yelling “fire” in a crowded theater

Tinker v. Des Moines *(1969)*

* students can wear armbands to protest things while at school
* students have the same speech rights at school so long as it doesn’t cause a **disruption** to learning
* “you don’t shed rights at the ‘schoolhouse door’”

Engel v. Vitale *(1962)*

* schools may **not** require students to say or hear a prayer, even non-denominational *(not connected to a certain religion)*

Wisconsin v. Yoder *(1962)*

Amish children may be exempt from school past 8th grade for religious reasons

NYT v. US *(1971)*

* decision struck down the use of Prior Restraint unless it is a matter of national security

*context:* Pentagon’s papers exposing why the US was in Vietnam given to NYT; freedom of press → NYT could post the expose

Reynolds v. US

cannot be automatically assigned the death penalty

Mapp v. Ohio

* evidence found in violation of right may **not** be used against the defendant; called the **exclusionary rule** & used in court
* relaxation of the exclusionary rule if the police act in good faith

Miranda v. Arizona *(1964)*

suspects **must** be read their rights, including the right to remain silent & the right to an attorney if speech will be used against them

Gideon v. Wainright *(1963)*

right to an attorney at the state level

Roe v. Wade *(1973)*

since abortion is a private matter, it’s protected by the Constitution; no restrictions within the 1st or 2nd trimester

Dodds v. Hobson *(2022)*

abortion is **not** a right since privacy isn’t written within the Constitution

* potential life as defined in the 1973 case had eliminated women’s assumption of privacy