Landmark Supreme Court Cases

Engel v. Vitale

New York's requirement of a state-composed prayer to begin the school day was declared an unconstitutional violation of the Establishment Clause.

Abington School District v. Schempp

A Pennsylvania law requiring that each public school day open with Bible reading was struck down as violating the Establishment Clause.

Schenck v. United States

Freedom of speech can be limited during wartime. The government can restrict expressions that "would create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."

Tinker v. Des Moines

Students wearing black armbands to protest the Vietnam War was symbolic speech protected by the First Amendment.

Miller v. California

The Court ruled that obscenity is not protected speech. States and local governments have flexibility in determining what is obscene.

Texas v. Johnson

Flag burning as political protest is a form of symbolic speech protected by the First Amendment.

New York Times v. Sullivan

The First Amendment protected all statements about public officials unless there is "actual malice" (the speaker lied with the intent to defame).

Hazelwood School District v. Kuhlmeier

Public school officials can censor school-sponsored newspapers, because the newspapers are part of the school curriculum rather than a forum for public expression.

Mapp v. Ohio

All evidence obtained by searches and seizures in violation of the Constitution is inadmissible in court; this is the "exclusionary rule."

Gideon v. Wainwright

The Supreme Court overturned required that any indigent person accused of a felony must be given an attorney at the public's expense.

Miranda v. Arizona

Since the police had not informed Mr. Miranda of his constitutional right to keep silent, his rights were violated and conviction was set aside.

Furman v. Georgia

The Court ruled that the death penalty was cruel and unusual punishment in violation of the 8th and 14th Amendments because it was done in "an arbitrary, discriminatory, and capricious manner." Later overturned by Gregg v. Georgia.

Gregg v. Georgia

Overturned Furman v. Georgia. Georgia's law imposing the death penalty under very specific circumstances and guidelines is ruled constitutional. The death penalty "does not invariably violate the Constitution." The judicious and careful use of the penalty was justified in that it met contemporary standards of society, served a deterrent or retributive purpose, and was not arbitrarily applied.

New Jersey v. T.L.O.

The 4th Amendment ban on unreasonable searches applies to those conducted by public school officials as well as by law enforcement personnel; however, the Court used a less strict standard of "reasonable suspicion" to conclude that the search of a student's purse by public school officials did not violate the 4th and 14th Amendments.

Griswold v. Connecticut

In stating a "right to privacy," the Court determined that a married couple's decision to use birth control was a personal decision and not subject to government regulation.

Roe v. Wade

The Court found that "the right of personal privacy includes the abortion decision."

Barron v. Baltimore

The 5th amendment provision regarding eminent domain applied to the federal government only, not the states. (Note: this was in 1833, before incorporation. We only study this case as the "before" of incorporation.)

Gitlow v. New York

The Court decided that the First Amendment protection of free speech was not only a responsibility of the federal government, but applied to the states for the first time (1925). This was the first incorporation case.

Brown v. Board of Education

The Court ruled that segregated schools were unconstitutional under the equal protection clause of the 14th amendment. "Separate is inherently unequal."

Dred Scott v. Sanford

The Court ruled that Dred Scot was a slave, and thus, not a citizen of any state. As a result, he had no standing to sue in federal court for his freedom. (Before the 13th Amendment)

Gibbons v. Ogden

The Court ruled that a New York law requiring special licenses for steamboat operators was invalid by virtue of the Supremacy Clause and the Commerce Clause. The regulation of navigation by steamboat operators and others for purposes of conducting interstate commerce was a power reserved to and exercised by the Congress.

Korematsu v. US

The US government did not exceed its wartime powers when it moved Japanese people to internment camps. The need to protect against espionage outweighed the individual rights of the people.

Marbury v. Madison

Judicial review - the Courts have the power to determine the constitutionality of acts of other branches of government.

McCulloch v. Maryland

The Supremacy clause - no state may pass a law that conflicts with a federal law.

Plessy v. Ferguson

Segregation is legal as long as the facilities provided to both black and white people are equal.

Swann v. Charlotte-Mecklenburg Board of Ed.

Federal courts were constitutionally authorized to oversee and produce remedies for state-imposed segregation, including busing students, if necessary.

University of California v. Bakke

The use of race as a factor in admissions decisions in higher education was constitutionally permissible as one of several admission criteria, but the use of quotas was not.

Bethel School District v. Frazier

Schools are zones of restriction for certain right. Adults receive more of their rights (Such as 1st amendment rights) in other stating. Schools may restrict rights such as freedom of speech, etc.

Boy Scouts of America v. Dale

First Amendment right of expressive association. BSA is allowed to dismiss gay leaders because it is a private institution

New York Times v. U.S.

Supreme Court case protecting the freedom of the press by allowing the New York Times to publish the "Pentagon Papers" despite the Justice Department's order to restrict it

U.S. v. Lopez

1995, the court held that congress had exceeded its powers by prohibiting guns in a school zone.

Baker v. Carr

"one man, one vote," prohibited racial gerrymandering; ordered state legislative districs to be near equal in population as possible

Buckley v. Valeo

1st Amendment protects campaign spending; legislatures can limit contributions, but not how much one spends of his own money on campaigns.

Lemon v. Kurtzman

1971 SuCo: Federal funding to religious schools must (1) have a secular legislative purpose (2) primarily not effect religion and (3) not get the government involved with religion

U.S. v. Nixon

Watergate case; decision: tapes wouldn't fall under executive privilege because the President isn't above the law; planned to be impeached but he voluntarily resigned beforehand

Baker v. Carr

"one man, one vote," prohibited racial gerrymandering; ordered state legislative districs to be near equal in population as possible

Miller v. California

A 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value.