Civil Rights and Civil Liberties

Gitlow v New York (1925)

Selective Incorporation Doctrine: the BOR will be applied to the states through the 14th amendment on a case by case basis; incorporated 1st amendment freedom of speech

Brandenburg v Ohio (1969)

The Direct Incitement Test: Intent, Imminence, Likelihood — broadened

Snyder v Phelps (2011)

“Hateful public speech on public matters is protected” — broadened

Schneider v United States (1919)

Clear and Present Danger Test — free speech is not is not absolute, proximity and degree matter

Tinker v Des Moines

Created the Substantial Disruption Test

Morse v Frederick (2007)

Created the “drug speech exception” — narrowed Tinker ruling

Weeks v US (1914)

Established the Exclusionary Rule (evidence obtained illegally is inadmissible)

Mapp v Ohio (1961)

Incorporates the Exclusionary Rule

Katz v US (1967)

People have a “reasonable expectation of privacy”

Maryland v Garrison (1987)

Created the “Honest Mistake” exception to the exclusionary rule — later exceptions: 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

Gideon v Wainright (1963)

Incorporated the 6th Amendment Right to Counsel (paid for/public defender)

NY Times v Sullivan (1964)

Created the Sullivan Test for defamation of public persons: false, damaging, and intentional malice

Roth v US (1967)

Obscenity is not protected speech

Miller v California (1973)

Created the L.A.P.S. Test for obscenity — literary, artistic, political, or scientific value; community standard, TPM, “Average Person” test

Texas v Johnson

Flag burning is protected symbolic speech

US v Nixon (1974)

Executive Privilege is not absolute

NY Times v US (1971)

Prior restraint (censoring) prohibition is upheld — the “heavy burden” standard: direct, immediate threats to national security

Everson v Board of Education (1947)

Incorporate the Establishment Clause

Engel v Vitale (1962)

No recitation of prayer in public schools

Lee vs Weisman (1992)

Establishment Clause does not allow public school to hold religious prayer by clergy at graduation

Wisconsin v Yoder (1972)

Compulsory school attendance laws violated the free exercise rights of religious families — broadened free exercise rights

Masterpiece Cakeshop v CO Civil Rights Commissioner (2018)

Upheld free exercise and free speech rights over civil rights claim (but bad precedence)

DC v Heller (2008)

Upheld the right to keep and bear arms (individual)

McDonald v Chicago (2010)

Incorporated the 2nd Amendment (states)

Please v Ferguson

Separate but equal

Brown v Board of Education of Topeka 1 (1954)

Overturned Plessy v Ferguson, desegregated public schools (de jure)

Civil Rights Act of 1964

Public accommodation without discrimination

Title VI of CRA

Equality in education (sex not mentioned)

Title VII of CRA

Equal Employment Opportunity

Title IX of CRA

Equality on the basis of sex for government funded education, sports programs

Voting Rights Act of 1965

Eliminated literacy tests as a requirement to vote, allowed federal officials to supervise voter registration

24th Amendment

Eliminated poll taxes

add 14, 15, 19, 26 amendments