Important Bill of Rights Cases

Schenck v. United States

[Freedom of Speech] A 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.

Gitlow v. New York

[Freedom of Speech] A supreme court case involving a socialist, who pushed and called for the establishment of socialism in America. He was arrested for distributing left wing socialist pamphlets. It was ruled that no state can deny a citizen their first amendment rights.

Smith v. Goguen

[Freedom of Speech] 1st amendment allows one to put U.S. flag image on items; "contemptuous" image is vague, but technically permits disrespect of flag

Dennis v. United States

[Freedom of Speech] illegal to advocate or teach the overthrow of the government by force or belong to an organization with this objective. (upheld the Smith Act of 1940)

Texas v. Johnson

[Freedom of Speech] allowed to burn flags on the grounds that such action was symbolic speech protected by the First Amendment.

Tinker v. Des Moines School District

[Students' Freedom of Speech] students wore armbands protesting the Vietnam War to school, allowed as free speech

Hazelwood v. Kuhlmeier

[Students' Freedom of Speech] , public school officials have control over the content of a school paper, which falls under less 1st Amendment protection than a private enterprise

Bethel School District v. Fraser

[Students' Freedom of Speech], Obscene or vulgar (even not lewd) student speech is not protected under the first amendment

Morse v. Frederick

[Students' Freedom of Speech], Schools can prohibit students from displaying messages that promote illegal drug use (Bong Hits 4 Jesus)

Roth v. United States (Roth Miller Test)

[Obscenity & Freedom of Speech] Established that a publication must have a redeeming social value applying contemporary community standards or it might not be protected under the first amendment (pornographic material)

Miller v. California

[Obscenity & Freedom of Speech] determined that the obscenity clause relates to works that lack literary, artistic, political or scientific value.

Memoirs v. Massachusetts

[Obscenity & Freedom of Speech] It was ruled that a book was not obscene because it held redeeming social value/serious literary merit.

Hustler Magazine v. Falwell

[Obscenity & Freedom of Speech] intentional infliction of emotional distress is permissible First Amendment free speech- so long as such speech was about a public official (figure), and could not reasonably be construed to state actual facts about its subject

Trial of John Peter Zenger

[Freedom of Press], Colonial publisher who criticized the governor of New York colony - was tried & acquitted because he was printing the truth so it wasn't libel - established freedom of the press in the colonies (the truth will set you free)

Near v. Minnesota

[Freedom of Press], first amendment protects newspapers from prior restraint.

New York Times v. United States

[Freedom of Press], In order to exercise prior restraint, the Government must show sufficient evidence that the publication would cause a "grave and irreparable" danger.

Reynolds v. United States

[Freedom of Religion], First Amendment protects religious belief, but not criminal practices related to religious belief (polygamy), possible targeting of Mormons

Engel v. Vitale

[Freedom of Religion], banned formal prayer in schools, goverment whould not make any religion the 'official' religion.

Oregon v. Smith

[Freedom of Religion] the use of illegal drugs in religious ceremonies. Ruled that the government can act when religious practices violate criminal laws. (peyote case)

WV v. Barnette

[Freedom of Religion], Students and staff could not be punished for not saluting flag; found unconstitutional

Wallace v. Jaffree

[Freedom of Religion], Moments of silent prayer at school are unconstitutional---moments of silence are not.

Epperson v. Arkansas

[Freedom of Religion], Prohibited states from banning the teaching of evolution

Welsh v. United States

[Freedom of Religion] if a belief which is moral or ethical but imposes upon a duty of conscience to refrain from participating in war it is like having a traditional religious belief (nonreligious conscientious objector allowed)

Wisconsin v. Yoder

[Freedom of Religion], Amish do not have to attend school after 8th grade - right to freedom of religion

Massachusetts v. Twitchell

[Freedom of Religion], refusal of life saving medical care for child based on religious beliefs - court ruled that parents were guilty of involuntary manslaughter and they had to take their other kids to doctors

Lukumi Babalu v. Hialeah

[Freedom of Religion], laws that specifically target the free practice of religion are unconstitutional - Santeria practicers may sacrifice animals

Cox v. New Hampshire

[Freedom of Assembly], government can require advanced notice & permits for demonstrations in public places & must be content neutral - government may set day, time, and location.

National Socialist Party v. Skokie

[Freedom of Assembly], Court ruled the community could not deny the neo-Nazi party the right to hold a parade.

Brandenburg v. Ohio

[Freedom of Speech] KKK member's inciteful speech ruled OK because no "imminent danger"

Edwards v. Aguillard

[Freedom of Religion] teachers don't have to also teach creationism

Kitzmiller v. Dover

[Freedom of Religion] theory of intelligent design may be taught in class, evolution may be taught as a theory rather than a fact

Lemon Test

Government may provide aid so long as primary use of aid is not religious, aid does not advance or inhibit the religion, and does not overly entangle church and state.

Zedner v. United States

[Rights of the Accused] A speedy trial exists not only for the defendant's protection but also for the public's.

Gideon v. Wainwright

[Rights of the Accused], A person who cannot afford an attorney may have one appointed by the government

Miranda v. Arizona

[Rights of the Accused], The accused must be notified of their rights before being questioned by the police

California v. Acevedo

[Rights of the Accused], Police may search a container in a car without a warrant if they have probably cause to believe it holds contraband or evidence.

Board of Education v. Earls

[Rights of the Accused], Upheld random drug testing of ALL public school students in extracurricular activities.

Maryland v. Garrison

[Rights of the Accused] established the "good faith" exception to the exclusionary rule; if police make an honest mistake believing that they have a warrant, evidence is allowed in court.

Hudson v. Michigan

[Rights of the Accused] "knock and announce" not necessary once warrant is obtained

Furman v. Georgia

[Rights of the Accused], the death penalty, as administered, constituted cruel and unusual punishment because it was more heavily applied to minorities. Now must have 2 trials and every possible appeal before execution.

Dred Scott v. Sanford

[Civil Rights & Liberties] slave can't sue for citizenship because he is property

Plessy vs. Ferguson

[Civil Rights & Liberties] Upheld "separate but equal," overturning the Civil Rights Act of 1875

Buchanan v. Warley

[Civil Rights & Liberties] Residential segregation based on race violates the 14th amendment

Missouri ex. rel Gaines v. Canada

[Civil Rights & Liberties] Man must be allowed into law school because there is no equal opportunity

Brown v. Board of Education

[Civil Rights & Liberties] Desegregate public schools, another decision brought to you by the Warren Court.

Brown II

[Civil Rights & Liberties] Hurry up on that desegregation, guys!

Regents of University of California v. Bakke

[Affirmative Action] No quotas for race admission

Wygant v. Jackson Board of Education

[Affirmative Action] OK to keep newly hired minority role models during layoffs despite lack of tenure

Johnson v. Transportation Agency of Santa Clara County

[Affirmative Action] OK to hire female contractor (of which there were none) above slightly hire male contractor to promote diversity

Gratz v. Bollinger, Grutter v. Bollinger

[Affirmative Action] 2 cases involving the University of Michigan point system's value on race - court ruled OK in one case but not the other.

Mapp v. Ohio

[Rights of the Accused] Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)