Supreme Court Cases

Schenck v. United States (1919)

free speech is not absolute

proximity and degree matter

created the Clear and Present Danger Test

Gitlow v. New York (1925)

created the Selective Incorporation Doctrine

incorporated freedom of speech

Brandenburg v. Ohio (1969)

created the Direct Incitement Test

depends on intent, imminence, and likelihood

Snyder v. Phelps (2011)

hate speech on public matters is protected

broadened free speech

Tinker v. Des Moines (1969)

created the Substantial Disruption Test: can’t materially or substantially interfere with the functioning of the school

Morse v. Frederick (2007)

narrowed Tinker ruling

created the Drug Speech Exception

Weeks v. United States (1914)

established the Exclusionary Rule: evidence obtained illegally is inadmissible

Mapp v. Ohio (1961)

incorporated the Exclusionary Rule

Katz v. United States (1967)

people have a reasonable expectation of privacy

Maryland v. Garrison (1987)

created the Honest Mistake Exception to the Exclusionary Rule

later exceptions included Good Faith and Inevitable Discovery

New Jersey v. T.L.O. (1987)

created the Reasonable Suspicion Test for searches in public schools

Miranda v. Arizona (1966)

right to be informed of your rights

Gideon v. Wainwright (1963)

incorporated the 6th Amendment right to counsel

it will be paid for if you can’t afford it

New York Times v. Sullivan (1964)

created the Sullivan Test for public persons: speech must be false, damaging, and intentionally malicious

Roth v. United States (1967)

obscenity is not protected speech

Miller v. California (1973)

created the L.A.P.S. Test: literary, artistic, political, or scientific value

community standards, TPM, and Average Person Test all matter

Texas v. Johnson (1989)

flag burning is protected symbolic speech

United States v. Nixon (1974)

executive privilege is not absolute

New York Times v. United States (1971)

upheld Prior Restraint Prohibition: the illegal suppression of materials prior to publication on the grounds that they will be harmful or libelous

created the Heavy Burden Standard: direct, immediate threats to national security

Everson v. Board of Education (1947)

incorporated the Establishment Clause

Engel v. Vitale (1962)

no recitation of prayer in schools

Employment Division of Oregon v. Smith (1990)

narrowed free exercise rights

Wisconsin v. Yoder (1972)

compulsory school attendance laws violated free exercise rights of three Amish children

broadened free exercise rights

Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018)

upheld free exercise and free speech rights over civil rights claim

DC v. Heller (2008)

upheld the individual right to keep and bear arms

McDonald v. Chicago (2010)

incorporated the 2nd Amendment

Plessy v. Ferguson (1896)

established the Separate But Equal Doctrine

Brown v. Board of Education of Topeka (1954)

overturned Plessy v. Ferguson

ended segregation in public schools de jure