Civil Liberties Required Cases

Barron v. Baltimore 1833

Ruled that the Bill of Rights was created specifically to limit the power of the federal government.

Gitlow v. New York 1925

Gitlow distributed a manifesto which called for the establishment of socialism which led to his arrest. S.C. said he could be punished because it was a security risk. It also partly overturned Barron and created the incorporation doctrine.

Engel v. Vitale 1962

New York school offered an optional morning prayer broadcasted over the loudspeaker which was challenged. Led the court to outlaw the use of prayer in public school under the establishment clause.

Wisconsin v. Yoder 1972

Mormon family wanted to pull their kids out of school but a Wisconsin law prohibited it which they challenged. Court ruled that the individual’s interest in free exercise outweighed the State’s interest allowing them to not attend school.

Employment Division v. Smith 1990

Two counselors for a drug rehab center were fired for the using an illegal drug as a part of their religion. Court held that religious practices are not an excuse to use illegal drugs or do anything that the government is free to regulate.

Kennedy v. Bremerton 2022

Kennedy, a high school football coach, held optional prayers after games, the school asked him to stop, and he sued. The court ruled that he was allowed to pray since it was considered a private practice and it also replace the Lemon test with the history and tradition test.

Bradenburg v. Ohio 1969

KKK member made a speech at a rally which included hateful speech which he was arrested for. The Court said that the KKK member’s right to free speech was violated which created the imminent lawless action precedent.