AP Gov. Incorporated Cases

Barron v. Baltimore

Bill of rights restrained only the nat. gov., not the states or cities

Gitlow v. New York

Freedoms of press and speech are “fundamental personal rights and liberties protected by the due process clause of the 14th amendment from impairment by the states” as well as by the federal government

Lemon v Kurtzman

laws that provide aid to church - related schools must follow:

1. have secular legislative purpose

2. Have primary effect that neither advances nor inhibits religion

3. Not foster an excessive government “entanglement” with religion

Near v. Minnesota

1st amendment protects newpapers from prior restraint

Brandenburg v. Ohio

Gov. cannot punish inflammatory speech unless it is directed to or producing imminent lawless action

Roth v. US

“obscenity is not within the area of constitutionally protected speech or press”

Miller v. California

Community standard be used to determine whether material is obscene, defined as appealing to a “purient interest”, being “paitently offensive” and lacking in “serious literary, artistic, political, or scientific value”

NYT v. Sullivan

To win damage suits for libel public figures must prove that the defamatory statements about them were made with “actual malice” and reckless disregard for the truth

Texas v. Johnson

Struck down a law banning the burning of the flag on the grounds that such action was symbolic speech protected by the 1st amend.

District of Colombia vs. Heller

2nd amendment protects individual rights to posses a firearm. the right is unconnected with service in a malitia and that individual may use a firearm for lawful purposes such as self defense within the home

Mapp v. Ohio

Protection against unreasonable searches and seizures must be extended to the states

Miranda v. Arizona

Guidelines for police questioning of accused persons to protect them against self incrimination and their right to counsel