Key Court Cases

Engel v. Vitale (1962)

School-sponsored prayer in public schools violates the 1st Amendment Establishment Clause because government cannot endorse religion even if participation is voluntary (6–1)

Tinker v. Des Moines (1969)

Students have 1st Amendment free speech rights in school as long as their expression does not cause substantial disruption (7–2)

Wisconsin v. Yoder (1972)

Compulsory education laws violate the 1st Amendment Free Exercise Clause when they burden sincere religious practices like Amish beliefs (7–0)

Gideon v. Wainwright (1963)

The 6th Amendment right to counsel is fundamental and applies to the states through the 14th Amendment, requiring lawyers for defendants who cannot afford one (9–0)

New York Times v. United States (1971)

The government cannot use prior restraint to censor the press unless there is a clear, immediate threat to national security (6–3)

Roe v. Wade (1973)

The 14th Amendment right to privacy protects a woman’s decision to have an abortion, limiting state regulation (7–2)

Dobbs v. Jackson (2022)

The Constitution does not protect abortion rights, overturning Roe v. Wade and returning authority to the states (6–3)

Schenck v. United States (1919)

Speech can be limited under the 1st Amendment if it creates a clear and present danger, such as interfering with the military draft during wartime (unanimous)

Brown v. Board of Education (1954)

Racial segregation in public schools violates the 14th Amendment Equal Protection Clause because separate facilities are inherently unequal (9–0)