Civil Liberties - Court Cases

College board required and textbook mentioned cases on civil liberties

Barron v. Baltimore

Stare decisis before Incorporation doctrine. The limitations on government presented in the 5th Amendment were intended to only limit the powers of the national government

Gitlow v. New York

established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment

Engel v. Vitale

The state cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion

Wisconsin v. Yoder

The Court ruled that the Amish parents' right to freely exercise their religion outweighed the state's interest in enforcing compulsory school attendance. The law must have a valid and compelling interest.

Schenck v. US

1st Amendment: Socialist party leader, Charles Schneck, was convicted under the espionage act of 1917 for distributing pamphlets that criticized the draft and urged resistance. The court ruled against Schenck, establishing that Congress has the right to prevent speech that poses a clear and present danger

Brandenburg v. Ohio

1st Amendment: KKK leader was convicted under Ohio law after giving a speech that alluded to taking "revenge" against the government and certain racial groups. The court ruled in favor him, holding that the Ohio law was unconstitutional. Established the direct incitement test: restrictions on speech are acceptable if it is direct to produce lawless action and likely to do so.

New York Times Co. v. US

1st Amendment: The government sought to prevent the publication of the Pentagon papers, claiming national security threats. The Supreme Court ruled in favor of the newspapers, affirming the government could not prevent the publication of the Pentagon papers. Established that for the government to restrict the press it must meet the burden of causing "grave and irreparable" damage to national security.

McDonalds v. Chicago

A man wanted to own a handgun for self-defense. He argued that the Second Amendment right to keep and bear arms should be protected in the states. Court rule the 14th Amendment makes the 2nd Amendment right to keep and bear arms for the purpose of self-defense applicable to the states

DC v. Heller

An ordinance effectively banned all handgun ownership outside of the line of duty. The court ruled bans on registering handguns violates the 2nd Amendment

Griswold v. Connecticut

The court ruled that the right to privacy, including the privacy to choose using contraceptives, was implied by the penumbras of other constitutional rights and was protected under substantive due process

Roe v. Wade

The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. Choosing to get an abortion was protected under the right to privacy implied in the due process clause of the 14th amendment.

Obergefell v. Hodges

The Court ruled that the Fourteenth Amendment requires all states to grant same-sex marriages and recognize marriages performed in other states, affirming that same-sex marriage is a constitutional right.

Dobbs v. Jackson Women's Health Organization

The Court overturned Roe v. Wade, holding that the Constitution does not grant a right to an abortion, returning the authority to regulate abortion to individual states.

New Jersey v. TLO

4th Amendment: School officials can search students without a warrant or probable cause, but only if the search is "reasonable" under the circumstances and is related to maintaining a safe and orderly school environment

Mapp v. Ohio

4th amendment guarantees no unreasonable search and seizure. This case established the exclusionary rule: evidence obtained without a warrant is not admissible in court.

Gideon v. Wainwright

A Florida trial court denied a man an attorney when he was unable to afford one. He appealed and argued that the court's decision violated his constitutional right to be represented by counsel. Verdict extended the 6th amendment right to an attorney for those unable to afford one to state criminal cases under the 14th amendment due process clause.

Miranda v. Arizona

Verdict requires that law enforcement officials advise suspects of their right to remain silent and to obtain an attorney during interrogations while in police custody.

Gregg v. Georgia

The use of the death penalty as a punishment does not violate the 8th and 14th Amendments under all circumstances

Tinker v. Des Moines

1st Amendment: High Schoolers wore armbands to school to protest the Vietnam war and were suspended. The court ruled in favor of the students, stating that students retain their rights in school. However, they also established that restrictions can be put in place if the speech "materially and substantially disrupts the educational process"