Court Cases

Barron v. Baltimore (1833)

The Bill of Rights does not apply to state governments; only the federal government is required to provide just compensation for taking property under the Fifth Amendment.

Griswold v. Connecticut (1965)

Established a constitutional right to privacy, particularly regarding the use of contraceptives in marriage.

Roe v. Wade (1973)

Recognized a woman’s constitutional right to choose an abortion under the right to privacy, invalidating state abortion bans.

Planned Parenthood v. Casey (1992)

Reaffirmed Roe v. Wade but allowed states to impose restrictions unless they create an 'undue burden' on women seeking abortions.

Dobbs v. Jackson (2022)

Overturned Roe v. Wade, returning the authority to regulate abortion to state governments.

Chicago, Burlington, and Quincy Railroad Co. v. Chicago (1897)

Applied the Fifth Amendment's just compensation clause to the states, requiring compensation for property taken by the government.

Gitlow v. New York (1925)

Incorporated the First Amendment’s free speech protections to the states through the Fourteenth Amendment’s due process clause.

Cantwell v. Connecticut (1940)

Incorporated the First Amendment's free exercise clause to the states, protecting religious practices from state interference.

Everson v. Board of Education (1947)

Applied the Establishment Clause to the states, allowing some public funding for transportation to religious schools, but prohibiting religious establishment.

Schenck v. U.S. (1919)

Established the 'clear and present danger' test to limit free speech when it presents a threat to national security or public order.

Dennis v. United States (1951)

Upheld restrictions on speech advocating for the violent overthrow of the government, citing a national security threat.

Yates v. U.S. (1957)

Refined the 'clear and present danger' test, ruling that speech advocating abstract ideas is protected unless it incites imminent illegal action.

Brandenburg v. Ohio (1969)

Established that speech can only be restricted if it incites 'imminent lawless action,' protecting more free speech.

Tinker v. Des Moines (1969)

Protected students' right to free speech in public schools, unless it causes a substantial disruption to school activities.

Texas v. Johnson (1989)

Held that flag burning is protected symbolic speech under the First Amendment.

Roth v. U.S. (1957)

Obscenity is not protected speech under the First Amendment; defined obscenity as material that appeals to prurient interests.

Miller v. California (1973)

Created the 'Miller test' for defining obscenity based on local community standards and whether the material lacks serious artistic, literary, or scientific value.

Near v. Minnesota (1931)

Applied the First Amendment's press protections to the states, prohibiting prior restraint (censorship) of the press.

N.Y. Times v. U.S. (1971)

Reinforced the principle of 'no prior restraint,' allowing the press to publish classified government information unless it poses a direct threat to national security.

Engel v. Vitale (1962)

Held that public school-sponsored prayer violates the Establishment Clause, reinforcing the separation of church and state.

Abington School District v. Schempp (1963)

Ruled that mandatory Bible readings in public schools violate the Establishment Clause, reinforcing religious neutrality in schools.

Wallace v. Jaffree (1985)

Struck down an Alabama law that authorized a moment of silence for prayer in public schools, reinforcing the need for state neutrality in religious matters.

Lynch v. Donnelly (1984)

Upheld the display of a nativity scene in a public Christmas display, as long as its purpose is not to endorse religion.

Lemon v. Kurtzman (1971)

Created the 'Lemon test' to evaluate whether government actions violate the Establishment Clause based on secular purpose, neutrality, and avoidance of excessive entanglement with religion.

West Virginia State Board of Education v. Barnette (1943)

Held that students cannot be forced to salute the flag or recite the Pledge of Allegiance, protecting their First Amendment rights to free speech and religious expression.

Reynolds v. U.S. (1879)

Religious practices that violate criminal laws, such as polygamy, are not protected under the First Amendment.

Wisconsin v. Yoder (1972)

Affirmed the right of Amish families to withdraw children from public school after eighth grade based on religious beliefs, protecting religious freedom.

Church of the Lukumi Babalu Aye v. City of Hialeah (1993)

Struck down a city ordinance banning animal sacrifice, holding it violated the free exercise of religion under the First Amendment.

DC v. Heller (2008)

Affirmed an individual's right to possess firearms for self-defense under the Second Amendment, unconnected to militia service.

McDonald v. Chicago (2010)

Incorporated the Second Amendment to apply to the states, extending the right to bear arms to local governments.

Gideon v. Wainwright (1963)

Guaranteed the right to counsel for all felony defendants in state criminal trials, requiring legal representation even for those unable to afford it.

Mapp v. Ohio (1961)

Applied the exclusionary rule to the states, barring evidence obtained through illegal searches from being used in state courts.

Miranda v. Arizona (1966)

Established the 'Miranda rights' requirement, ensuring suspects are informed of their right to remain silent and to an attorney during interrogations.

Argersinger v. Hamlin (1972)

Extended the right to counsel to misdemeanor cases where imprisonment is a possible sentence, further protecting defendants' rights.

Furman v. Georgia (1972)

Ruled that the death penalty, as applied at the time, was unconstitutional because it was arbitrary, violating the Eighth Amendment’s prohibition on cruel and unusual punishment.

Gregg v. Georgia (1976)

Reinstated the death penalty, ruling it is constitutional if applied in a fair and consistent manner.

Plessy v. Ferguson (1896)

Upheld racial segregation under the doctrine of 'separate but equal,' legalizing racial discrimination.

Brown v. Board of Education of Topeka (1954)

Overturned 'separate but equal,' declaring racial segregation in public schools unconstitutional and requiring desegregation.

Brown v. Board of Education II (1955)

Ordered that public school desegregation occur with 'all deliberate speed,' emphasizing federal authority in enforcing desegregation.

Swann v. Charlotte-Mecklenburg County (1971)

Upheld the use of busing as a method to enforce school desegregation.

Milliken v. Bradley (1979)

Limited busing to address school desegregation to within district lines, unless there was proof of intentional segregation across district lines.

Regents of the University of California v. Bakke (1978)

Ruled that racial quotas in university admissions were unconstitutional, but allowed race to be considered as one factor in affirmative action programs.

Students for Fair Admissions v. Harvard and UNC (2023)

Reviewed whether race-based college admissions violate the Equal Protection Clause, potentially limiting or ending affirmative action in admissions.