Key Supreme Court Cases and Tests

Schenck v. U.S.

Outcome: established the Clear and Present Danger Test - freedom of speech exception.

Brandenburg v. Ohio

Outcome: established the Imminent Lawless Action Test - freedom of speech exception (& current standard)

Tinker v. Des Moines

Outcome: established the Tinker/Substantial Disruption Test - freedom of speech in schools standard. Also affirmed that speech can be symbolic (does not have to be spoken).

Engel v. Vitale

Outcome: school-endorsed religious activities (like organized prayer) violate the 1st A's Establishment Clause

Wisconsin v. Yoder

Outcome: people can be exempted from otherwise valid laws that prevent their free exercise of their legitimate religion (1st A, Free Exercise Clause)

New York Times Co. v. U.S.

Outcome: reinforced no prior restraint standard from Near v. MN, even when the information was classified, burden is on the govt to prove harm (e.g. national security risk) - 1st A, Free Press Clause

Near v. Minnesota

Outcome: established the "no prior restraint" doctrine; prevents most censorship of the press under the 1st A Free Press Clause. Exceptions: when the publication would cause irreversible harm (risking people's lives) or if it's obscene. Press can be punished after the fact for slander, libel, or inciting violence.

McDonald v. Chicago

Outcome: the right to bear arms is a personal and fundamental right -- states are generally prohibited from restricting it. 2nd A

Mapp v. Ohio

Outcome: extended the Exclusionary Rule to state law enforcement. 4th A

Miranda v. Arizona

Outcome: in order for justice to be fair, citizens must know their rights, particularly the right to remain silent. Established the Miranda Rule - 5th A

Gideon v. Wainwright

Outcome: a trial cannot be fair if a defendant cannot afford an attorney. The states must provide an attorney in felony cases for those who cannot afford one. 6th A

Brown v. Board of Education

Outcome: segregation in schools violates the 14th A's Equal Protection Clause b/c it causes harm to students. Became the precedent for challenging other segregation laws.

Griswold v. Connecticut

Outcome: established a right to privacy inferred from multiple amendments in the Bill of Rights and applied it nationwide using the Due Process Clause of the 14th A. Precedent for Roe v. Wade also.

Roe v. Wade

Outcome: the right to privacy includes abortion in the first trimester (3 months), states can limit thereafter. *Overturned by Dobbs

Dobbs v. Jackson Women's Health Organization

Outcome: returned abortion regulation authority to the individual states. SCOTUS said there is no constitutional basis for protecting abortion rights (rejected the 14th A argument for it).

Exclusionary Rule

Evidence obtained unconstitutionally cannot be used in court.

Selective Incorporation

SCOTUS decisions that require the states to follow a provision in the Bill of Rights. *Selective bc each provision of the B of R is incorporated separately.

Symbolic Speech

Nonverbal expression protected under the Free Speech Clause of the 1st A

Establishment Clause

Prevents government from promoting an official religion OR favoring a religion. 1st A

Due Process Clause

The Due Process Clause of the Fourteenth Amendment to the United States Constitution guarantees that the government must follow certain procedures before depriving a person of life, liberty, or property.

Equal Protection Clause

The Equal Protection Clause is a constitutional amendment that prevents the government from denying equal protection of the law to any person or group of people.

Right to Privacy

Implied right protecting personal autonomy and decisions.

Substantial Disruption Test

Requires schools to prove that freedom of speech is substantially interfering with the operation of the school. (AKA Tinker Test)

Imminent Lawless Action Test

Rule used by the courts that allows for the restriction/punishment of speech only if its intended to cause unlawful action that is both likely and imminent.

Compelling Government Interest

Is the government's purpose important enough to justify the infringement of personal liberties?

Strict Scruitny

A heightened standard of review used by the Supreme Court to assess the constitutionality of laws that limit fundamental rights or freedoms.

Miranda Rights

The constitutional rights which police must read to a suspect before questioning can occur. AKA Miranda Rule

McCulloch v. Maryland

Outcome: SCOTUS ruled that Congress had the implied power to create a bank under the Necessary and Proper Clause of the Constitution. The court also ruled that states could not tax the federal government due to the Supremacy Clause.

US v. Lopez

Outcome: the possession of a gun in a school zone is not an economic activity that affects interstate commerce. the first time in over 50 years that the Court stated that Congress exceeded its authority under the Commerce Clause.

Shaw v. Reno

Outcome: SCOTUS held that redistricting plans that segregate voters by race violate the equal protection clause of the 14th Amendment. Race can be taken into account when redistricting, but it cannot be the sole factor.

Baker v. Carr

The court ruled that citizens could sue and federal courts could intervene in state redistricting plans. It opened the door to lawsuits over redistricting in other states, and many states had to redraw their districts to ensure that rural votes were not more powerful than urban votes.

Marbury v. Madison

Outcome: established the power of judicial review

Citizens United v. FEC

Outcome: laws that prevent corporations and unions from using their funds for independent "electioneering communications" (political advertising) violated the First Amendment's Free Speech Clause.