Civil Liberties Amendments and SCOTUS Cases

Schenck v. United States

A Case dealing with the free speech clause of the 1st amendment. A socialist individual was distributing literature speaking out against the government and its participation in the First World War. The pamphlets called for individual to avoid the draft. The court determined that speech such as this created a "clear or present danger" is not protected.

Scott v. Sandford

A case dealing with the rights of slaves. A slave sued for his freedom arguing that his owner's move into the slave-free Louisiana territory emancipated him. The court held that slaves are not citizens and are the property of their owner. Therefore, slaves cannot sue for freedom and the owner has the right to retain his property anywhere in the United States.

Mapp v. Ohio

Dealt with search and seizure clause of the 4th amendment. A group of police officers presented a fake warrant to a women to gain permission into the home. The police then found illegal obscene materials that were used against her in court. The Supreme Court held that all searches and seizures that violated the 4th amendment made any evidence collected inadmissible in court, establishing the exclusionary rule.

Plessy v. Ferguson

Dealt the equal protection clause of the 14th amendment. An African American man boarded a whites-only railcar in Louisiana, violating a state law that prohibited blacks from doing so. The Supreme Court upheld the law arguing that separate and equal segregation of whites and African Americans is protected by the 14th amendment.

Church of the Lukumi Babalu Aye Inc. v. City of Hialeah

Dealt with the free exercise clause of the 1st amendment. A religious group in Florida practiced animal sacrifice as part of its rituals. In response to this, an ordinance was passed by the local government, making this act illegal. The Supreme Court held that animal sacrifice was constitutional and that the law prohibiting this act was directly impeding this group's 1st amendment right.

Tinker v. Des Moines

Dealt with the free speech clause of the 1st amendment. Two students wore black armbands to school in protest of the Vietnam War. The school had made a rule that punished those who refused to take off the arm band with suspension. The Supreme Court held that the students have a right to symbolic speech under the 1st amendment and that the rule prohibiting the armbands was unconstitutional.

Engel v. Vitale

Dealt with the establishment clause of the 1st amendment. In the state of New York, a law was passed that made a voluntary recitation of a prayer occur at the beginning of the school day. The Supreme Court held that this law was unconstitutional arguing that it breached the wall between church and state.

Brown v. Board of Education

Dealt with the 14th amendment. Students in Kansas were denied entry to certain public schools based upon race. The Supreme Court held that separate but equal is not Constitutional, overturning Plessy v. Ferguson and allowing for the desegregation of public schools.

Gitlow v. New York

Dealt with the free speech clause of the 1st amendment and selective incorporation of this clause to the states. An individual published a socialist manifesto that called for the overthrow of the American government. The individual was punished under a state law that prohibited this kind of speech. The Supreme Court upheld the law but also decided that that this clause of the 1st amendment applied to the states.

Wisconsin v. Yoder

Dealt with the free exercise clause of the 1st amendment. Out of adherence to their religious beliefs, a group of Amish families disobeyed a state law requiring their children to attend school until they were 16. The Supreme Court held that the law requiring this of the Amish was unconstitutional, stating that the free exercise clause protects this practice by the Amish

Korematsu v. US

Dealt with the federal government's war powers. In response to the Pearl Harbor attack, the U.S. government instituted executive order 9066 that forced those of Japanese descent to relocate inland to internment camps during the war. An individual refused to obey this law and was prosecuted. The Supreme Court upheld the order, arguing that the government's responsibility to protect the public superseded the individuals rights in this case.

McDonald v. Chicago

Dealt with the second amendment. In Chicago, a law was passed that made it extremely difficult to acquire a gun under the increased regulations and oversight from the city government. The Supreme Court held that the law was unconstitutional and incorporated individual gun ownership to the states.

Roe v. Wade

Dealt with the implied liberty, right to privacy. A women was seeking to get an abortion. The state ordinance in Texas at the time outlawed the act. The Supreme Court held that a women's right to privacy allows for her to have an abortion.

Planned Parenthood v. Casey

Dealt with the implied liberty, right to privacy. A Pennsylvania law was passed that increased regulation of abortions by requiring consent from either a parent or spouse. The Supreme Court held that the law was unconstitutional as it instituted an "undue burden" on individuals considering an abortion

Obergefell v. Hodges

Made gay marriage legal in the United States. A group of same sex couples sued different states arguing that their gay marriage ban's went against the equal protection and due process clause of the 14th amendment. The Supreme Court held that these law were unconstitutional under the 14th amendment.

Gideon v. Wainwright

Incorporated the right to counsel under the 6th amendment. A man was arrested for an alleged robbery. He could not afford a lawyer and was not provided one by the government. The state argued that its laws do not require their government to provide a lawyer. The Supreme Court held that the law was unconstitutional and that an individual must have a counsel even if he cannot afford one in felony cases such as this.

Amendment 1

The five freedoms: Freedom of religion, Freedom of speech, Freedom of press, Freedom of assembly, Freedom to petition

Amendment 2

The Right to Bear Arms

Amendment 3

Prohibits quartering soldiers

Amendment 4

Restricts unreasonable search and seizures

Amendment 5

Guarantees the right to a GRAND JURY, forbids DOUBLE JEOPARDY, protects against SELF-INCRIMINATION, requires DUE PROCESS of LAW, requires the government to compensate citizens when it takes private property for public use (EMINENT DOMAIN)

Amendment 6

Speedy and Public Trial: Outlines criminal court procedure

Amendment 7

Trial by jury in civil cases

Amendment 8

Prevents cruel and unusual punishment and excessive bail

Amendment 9

States that amendments 1-8 do not necessarily include all possible rights of the people; there are more than are stated in the Bill of Rights

Amendment 10

Reserves any powers to the states not delegated to Fed. Gov by Constitution

Amendment 14

Amendment that includes the due process clause (Constitution protects all citizens from abuses against life, liberty or property by following the course of the law) and the equal protection clause (States that the Constitution applies to all citizens equally)