U.S. Civil Liberties and Supreme Court Cases: Key Principles and Amendments

Core freedoms under civil liberties

Expression, belief, and association.

Protections for the accused in the Constitution

Writ of Habeas Corpus, prohibition of Bills of Attainder, and Ex Post Facto Laws.

What does the Bill of Rights provide?

Enumerates additional fundamental rights beyond those in the original Constitution.

Economic liberties recognized in the early Republic

Private property rights, contracts, and protections under the Contract Clause.

Contract Clause

Article I, Section 10; prohibits state interference with contracts.

Significance of Barron v. Baltimore (1833)

Ruled that the Bill of Rights does not apply to state governments.

Dartmouth College v. Woodward (1819)

States could not alter or interfere with private contracts (e.g., college charters).

Doctrine in Charles River Bridge v. Warren Bridge (1837)

Concept of 'creative destruction' allowing for competition over monopolies.

Result of Dred Scott v. Sanford (1857)

Declared slaves as property and invalidated the Missouri Compromise.

Intent of the Fourteenth Amendment

Originally to protect the rights of newly freed slaves.

Legal doctrine in Lochner v. New York (1905)

Recognized liberty to negotiate contracts under the 14th Amendment.

Selective incorporation

The process of applying the Bill of Rights to the states through the 14th Amendment.

Amendments not fully incorporated

3rd, 5th (grand jury), 7th, and 8th (incorporated in 2019).

District of Columbia v. Heller (2008)

Right to own firearms for self-defense.

Standard of judicial review assuming government action is illegal

Strict scrutiny.

Criteria to pass strict scrutiny

Compelling interest, narrowly tailored, and least restrictive means.

Test created by Schenck v. United States (1919)

'Clear and Present Danger' test for restricting speech.

Precedent set in Brandenburg v. Ohio (1969)

Speech can only be restricted if it incites imminent lawless action.

Decision in Citizens United v. FEC (2010)

Corporations and unions can spend unlimited funds on political campaigns.

Restrictions on political speech

Must be content neutral, serve a legitimate purpose, and be narrowly tailored.

Texas v. Johnson (1989)

Flag burning is protected speech under the First Amendment.

Near v. Minnesota (1931)

Prior restraint of the press is unconstitutional.

LAPS test from Miller v. California (1973)

Determines obscenity based on literary, artistic, political, or scientific value.

Religious freedom clauses

The Establishment Clause and the Free Exercise Clause.

West Virginia v. Barnette (1943)

Students cannot be forced to salute the flag, protecting free exercise rights.

Employment Division v. Smith (1990)

Denial of unemployment benefits for religious peyote use was upheld.

Kennedy v. Bremerton (2022)

Personal religious expression by government employees is protected.

Lemon Test replacement (2022)

Establishment Clause is now interpreted using historical context and original understanding.

Engel v. Vitale (1962)

Ruled school-led prayer unconstitutional in public schools.

Right to privacy

Implied through the 4th and 9th Amendments, established in Griswold v. Connecticut (1965).

Roe v. Wade (1973)

Established a woman's right to an abortion under the right to privacy.

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

Overturned Roe v. Wade and Casey.

Lawrence v. Texas (2003)

Invalidated sodomy laws, protecting consensual same-sex activity.

Gonzales v. Oregon (2006)

Upheld the state's right to allow physician-assisted suicide.

Mapp v. Ohio (1961)

Established the Exclusionary Rule — illegally obtained evidence cannot be used in court.

Miranda v. Arizona (1966)

Established the Miranda Rights for detained suspects.

Gideon v. Wainwright (1963)

Affirmed the right to counsel in felony cases.

Gregg v. Georgia (1976)

Reinstated the death penalty with appropriate procedural safeguards.

Atkins v. Virginia (2002)

Defendants with intellectual disabilities cannot be executed.

Ring v. Arizona (2002)

Only juries, not judges, can impose the death penalty.