Key Supreme Court Cases on Civil Rights and Free Speech

What was the issue in Brown v. Board of Education (1954)?

Does racial segregation in public schools violate the Equal Protection Clause of the 14th Amendment?

What was the ruling in Brown v. Board of Education (1954)?

Yes. Segregated schools are unconstitutional because separate schools are inherently unequal.

What were the facts of Loving v. Virginia (1967)?

An interracial couple was arrested for marrying because Virginia law banned interracial marriage.

What was the issue in Loving v. Virginia (1967)?

Do laws banning interracial marriage violate the 14th Amendment?

What was the ruling in Loving v. Virginia (1967)?

Yes. Laws banning interracial marriage are unconstitutional.

What were the facts of Griswold v. Connecticut (1965)?

A Connecticut law banned married couples from using birth control. Planned Parenthood workers were arrested.

What was the issue in Griswold v. Connecticut (1965)?

Does banning contraceptives violate constitutional rights?

What was the ruling in Griswold v. Connecticut (1965)?

Yes. The law violated the right to privacy.

What were the facts of Roe v. Wade (1973)?

Texas made abortion illegal except to save the mother's life.

What was the issue in Roe v. Wade (1973)?

Does banning abortion violate a woman's right to privacy?

What was the ruling in Roe v. Wade (1973)?

Yes. Women have a constitutional right to choose abortion, especially early in pregnancy.

What were the facts of Lawrence v. Texas (2003)?

Two adult men were arrested for consensual same-sex sexual activity in a private home.

What was the issue in Lawrence v. Texas (2003)?

Can states criminalize private, consensual adult sexual activity?

What was the ruling in Lawrence v. Texas (2003)?

No. Such laws violate the Due Process Clause and right to privacy.

What were the facts of Obergefell v. Hodges (2015)?

Some states refused to allow or recognize same-sex marriage.

What was the issue in Obergefell v. Hodges (2015)?

Does banning same-sex marriage violate the 14th Amendment?

What was the ruling in Obergefell v. Hodges (2015)?

Yes. Same-sex marriage is a constitutional right.

What does the First Amendment protect?

Freedom of speech from government interference.

When can the government limit speech?

Most speech is protected, but limits exist for dangerous or harmful speech.

What were the facts of Schenck v. United States (1919)?

A man handed out flyers encouraging resistance to the draft during World War I.

What was the issue in Schenck v. United States (1919)?

Is speech that interferes with the draft protected by the First Amendment?

What was the ruling in Schenck v. United States (1919)?

No. Speech can be limited if it creates a clear and present danger.

When can speech be restricted?

When speech creates an immediate and serious danger.

What were the facts of Brandenburg v. Ohio (1969)?

A KKK leader gave a racist speech suggesting violence.

What was the issue in Brandenburg v. Ohio (1969)?

Is speech advocating violence protected?

What was the ruling in Brandenburg v. Ohio (1969)?

Yes, unless it is intended and likely to cause imminent lawless action.