Court Cases and Rulings

Barron v. Baltimore (1833)

Issue: City of Baltimore graded roads and diverted some waterways, ruining Barron’s wharf. Barron sued under the 5^th Amendment for just compensation and due process of the law.  Ruling: For Baltimore. Bill of rights applied to national government only 

Gitlow v. New York (1925)

Issue: Gitlow was spreading pamphlets for violent overthrow of the government  

Ruling: For New York. Used 14^th amendment to block this exercise of free speech 

Schneck v. US (1919)

Issue: Schenck was passing out anti-war leaflets during war time (issue of free speech) 

Ruling: For the U.S, this case limited the scope of free speech 

Brandenburg v. Ohio (1969)

Issue: Brandenburg was a KKK leader who spread violent speech 

Ruling: For Ohio. Brandenburg's speech had no socially redeeming value, court limited the definition of free speech with socially redeeming value 

New York Times v. Sullivan (1964)

Issue: NYT was sued by Sullivan because they posted a defamatory article about him 

Ruling: For New York Times. Established libel and slander rules, the article was not malicious  

Miller v. California (1973)

Issue: Miller was sued for selling pornographic material in an adult store 

Ruling: For Miller. Local community standings should determine what is appropriate to sell. 

Chaplinsky v. New Hampshire (1942)

Issue: Chaplinsky called a police officer a "godamned racketeer" 

Ruling: For New Hampshire. Court defined Chaplinsky's actions as "fighting words" to incite violence 

Liquormart v. Rhode Island (1946)

Issue: Liquormart was advertising prices of alcohol  

Ruling: For Liquormart, Inc. Now only misleading advertising can be struck down 

US v. Nixon (1974)

Issue: Nixon refused to turn over tapes of oval office conversations, citing executive privelege.

Ruling: For the US, even the president is subject to judicial

subpoena for material relevant to criminal prosecution.

Lemon v. Kurtzman (1971)

Issue: court determined that certain state programs

that provide direct aid to parochial and/or religious schools were

unconstitutional.

Ruling: This case established the Lemon Test, which is a

three-part test to determine whether the funds or involvement

seeks a secular purpose, which is unconstitutional

Employment Division v. Smith (1990)

Issue: Native Americans were fired for smoking peyote during a

religious ceremony during a break at work. They were then

denied their unemployment benefits

Ruling: For the employment division. The court discarded the

compelling interest test and allowed the state of Oregon to deny unemployment benefits.

City of Boerne v. Flores (1997)

Overturned part of the Religious Freedom and Restoration Act that breached the 14th amendment

Hazelwood v. Kuhlmeier (1988)

Ruled that public schools may censor student publications, such as school newspaper articles.

Dred Scott v. Sanford (1856)

Ruled that African Americans could not be American citizens and that Congress had no power to ban slavery in federal territories