history cases for test on friday AHHH

Barron v. Baltimore (1833)

The Bill of Rights limits the acts of the federal government, but does not limit the acts of the state governments. (This case is no longer good law.  Most of the B of R now applies to the states because of the Due Process Clause of the 14^th Amendment.). 

Schenck v. United States (1919)

You have no right to say something that causes a “clear and present danger” to others.  Schenck could be punished for passing out literature encouraging people to avoid the draft because that was creating a “clear and present danger.”    

Tinker v. Des Moines – (1969)

It was unconstitutional for a school to suspend students for peacefully wearing a black armband to protest the Vietnam War.  Wearing an armband is symbolic speech.  This was the first case to hold that students have some First Amendment free speech rights, even when they are in school. 

Brandenburg v. Ohio – (1969)

It was unconstitutional for Ohio to prosecute Brandenburg because his statement about overthrowing the government “someday” did not incite others to “imminent lawlessness.”

Cohen v. California – (1971)

It was unconstitutional for California to prosecute Cohen for wearing a jacket that said “f --- the draft”.  Indecent speech is protected by the First Amendment.

Texas v. Johnson – (1989) 

It was unconstitutional for Texas to prosecute Johnson for burning a flag.  Flag burning is symbolic speech protected by the right to free speech.

New York Times v US – (1971)

 Prior restraint of the press is unconstitutional unless national security is involved.  The New York Times was allowed to print the Pentagon Papers (a secret history of the Vietnam War that was embarrassing to Pres. Nixon).

Engel v. Vitale (1962)

School-led prayers are unconstitutional.  Establishment Clause.

Wisconsin v. Yoder (1972)

It was unconstitutional for Wisconsin to require the Amish to educate their children after age 12 because such a requirement prohibited their free exercise of religion.

Oregon v Smith (1990)

 It was constitutional for Oregon to deny unemployment benefits to Smith, who was fired for smoking peyote during a religious ceremony, because the law was of “general applicability” and was not targeted only at religious groups.  Free Exercise case.

Lukumi Bablu Aye v  Hialeah (2005) 

It was unconstitutional for Hialeah, Florida to enact a “targeted” law that prohibited animal sacrifice by religious groups but allowed the killing of animals for other reasons.  Free Exercise Case

Kennedy v Bremerton (2022) 

A high school football coach could pray with players at midfield after a football game; abandoned the Lemon test in favor of a “direct coercion” or “historical standards” test..

DC v Heller (2008)

DC’s total ban on handguns violated the 2d amendment; the Second Amendment protects all people, not just members of a militia.

Mapp v Ohio (1961)

Illegally seized evidence may not be shown to a jury; the “exclusionary rule” applies to not only the federal government but also to state governments.

Miranda v Arizona (1966) 

A confession may not be used in court unless the defendant was read his or her rights before the confession was made.

Gideon v Wainwright (1963) 

States must provide lawyers for poor criminal defendants.

Batson v Kentucky (1986) 

A potential juror may not be excluded from the jury because of race or gender.

Griswold v Connecticut (1965)

The Bill of Rights contains an implied right to privacy that includes the right to birth control

Loving v Virginia (1967)

The Bill of Rights contains an implied right to marry someone of any race. 

Roe v Wade (1973) 

The Bill of Rights contains an implied right to privacy that includes the right to abortion

Lawrence v Texas (2003) 

The Bill of Rights contains an implied right to homosexual activity; overturned Bowers v Hardwick

Obergefell v Hodges (2015) 

The Bill of Rights contains an implied right to marry someone of any gender. 

Dobbs v. Jackson Women’s Health Organization (2022) 

Overturned Roe; held that there is no implied right to abortion so states could handle the issue as they saw fit.

McDonald v Chicago (2010)

First case to require a state to respect the right to bear arms.