🚨🚨Cases for Exam 3 🚨🚨

United States v. Carolene Products

• Carolene Company was charged with violating the Filled Milk Act

• they shipped milk mixed with coconut oil across state lines

• Justine Stone = Footnote 4

• “discrete and insular miniorites’

• upheld

Griswold v. Connecticut

• director of planned parenthood was charged with giving medical advice and birth control to married couples

• question= right to privacy for married couple

• state law banning contraceptives she claimed was violating the right to privacy

• state law struck down

Korematsu v. United States

• Korematsu a japanese american citizen was charged with refusing to leave his home during the forced relocation of Japanese Americans in WWII

• 5th Amendment claim violated based on race

• Question= was military order consitutinal

• Court ruled against Korematsu

• Justice Black argued that while racial classification are subject to strict scrutiny the government had a duty to natinal security

What is strict scrutiny?

used by judges to cancel any law that messes with our most important rights unless the government can prove the rule is absolutely necessary, perfectly targeted, and the only possible way to solve a huge problem.

Roe v. Wade

• Roe used Wade because she was denied a legal abortion under Texas law

• she claimed the law violated her right to personal liberty and privacy

• 14th Amendment covers women’s right to abortion?

• Justice Blackmun = trimester framework to balance the states interest in protecting life and the women’s privacy

• Texas law was struck down

United States v. O’Brien

• O’Brien burned his draft card to protest the Vietnam War

• He was charged under federal law prohibiting the destruction of draft cards

• draft cards = federal property

• claimed his action was = symbolic speech

• 1st Amendment

• Court sided against O’Brien

West Virginia Board of Education v. Barnette

• Barnette family (Jehovah witnesses) refused to let their kids salute the flag

• Parents said it violated the Free Exercise Clause and Freedom of Speech

• In favor of the Barnette’s

New York Times v. United States

• The Pentagon Papers

• The New York Times and Washington Post attempted to publish top secret government documents on the Vietnam War

• The Nixon administration sued to stop publication saying it would threaten national security

• Can the government used prior restraint to stop the press from publishing classified documents ?

• In favor of NYT

Reynolds v. Sims

• Sims and other voters in Alabama sued because the state’s legislative districts were based on old data

• some votes were worth more than other

• 14th Amendment - should state legislative districts should be equal in population?

• In favor of Sims

• “Chief Justice Warren = “one person, one vote”

Harper v. Virginia Board of Elections

• Harper a resident of Virginia was unable to pay the state’s $1.50 poll tax to vote

• claimed that making the right to vote depend on the payment of a fee was unconstitutional

• does a state poll tax violate the Equal Protection Clause?

• In favor of harper

• Justice Douglas “voter qualification has no relation to wealth”

Mapp v. Ohio

• Mapp was arrested after police forced their way into her home without a valid warrant to search for a booming suspect

• they found obscene material instead and she was charged with that

• exclusionary rule

• In favor of Mapp

• Justice Clark used selective incorporation that all evidence obtained violating the 4th amendment is not supported in the courts

What is the exclusionary rule?

a law that says if the police break the rules to find evidence, they aren't allowed to use it in court.

Katz v. United States

• Katz was using a public payphone to transmit illegal gambling wagers while the FBI recorded his conversation from outside the booth

• He was charged with illegal gambling

• he claimed the recording to be unconstitutional

• Does the 4th Amendment protect public places and phone booths?

• Favor of Katz

• Justice Stewart “4th amendment protects people not places’

Muller v. Oregon

• Muller a laundry owner forced a female employee to work more than 10 hours

• He was charged with violating state labor law

• he said the law violated liberty of contract under the 14th Amendment

• Can a state limit the working hours of women to protect their health?

• Ruled against Muller

• Justice Brewer = women’s physical structure and maternal roles

Duncan v. Louisiana

• Duncan a black teenager was accused of slapping a white boy on the elbow

• he was charged with misdemeanor battery

• claimed being denied a jury trial violated the 6th amendment

• Justice White used selective incorporation to rule that a jury trial is a “fundamental scheme of justice”

• Favor of Duncan

Jones v. Alfred h. Mayer Co

• Jones who was black tried to buy a home in a community developed by the Alfred company, but they refused to sell it to him because of his race

• Jones sued and claimed the refusal violated the Civil Rights Act of 1866 which guaranteed all citizens the right to buy property

• In favor of Jones

• Justice Stewart 13th amendment gave Congress the power to eliminate “badges and incidents of slavery” in private housing discrimination

Perez v. Sharp

• Interracial couple apples for a marriage license in California

• They were denied by county clerk (Sharp) under a state law banning interracial marriage

• they claim violated the 14th amendment

• Equal protection clause

• IN favor or Perez

• Justice Traynor = “marriage is a fundamental right”

Home Building & Loan Association v. Blaisdell

• Blaisdell family in Minnesota was about to lose their home to foreclosure during the Great Depression

• Minnesota Moratorium Law

• They seeked to pause their mortgage payments

• the bank said this violated the contracts clause

• in favor of Blaisdell

• Chief Justice Hughes “states can use police powers for the public good”

Williamson v. Lee Optical

• Opticians wanted to fit eyeglass lenses into new frames without a prescription

• They were prohibited from fitting lenses unless they had a prescription

• Due process Rights

• against lee optical

• Justice Douglas - rational basis (a law is allowed to stay as long as there is any logical reason for it to exist.)

• They wanted to protect people from potential eye diseases so more eye examines/prescriptions were necessary

Barron v. Baltimore

• Barron owned a wharf in Baltimore

• He sued the city after the city constructino projects diverted water and filled his wharf with sand making it useless

• Claimed the city took his property without just conpensation

• Takings Clause “5th Amendment”

• Against Barron

• Chief Justice Marshall - “Bill of Rights limits the national government not the states”

Schenck v. United States

• Schenck the general secretary of the Socialist Party told people not to sign up for the draft during WWI

• Charged with the Espionage Act

• Claimed he was protected by Freedom of Speech

• Against Schenck

• Justice Holmes “clear and present danger test” “Fire in a crowded theater”

What is the Espionage Act?

is a federal law that makes it a crime to interfere with the U.S. military

What is the clear and present danger test?

It was an old rule that allowed the government to stop speech only if it was obvious that it would cause immediate danger or chaos.

Sherbert v. Verner

• Sherbert was a seventh day Adventist

• she was fired for refusing to work on Saturdays which was her Sabbath day

• she was denied unemployment benefits by the state

• claimed violation of free exercise of religion

• in favor of sherbert

• Justice Brennan “a state can for someone to choose between their faith and the livelihood”

Skinner v. State of Oklahoma

• Skinner was a habitual criminal convicted of stealing chickens and armed robbery

• He was supposed to be sterilized under Oklahoma law

• He claimed it violated the Equal Protection clause because it only targeted certain criminals

• IN favor of Skinner

• Justice Douglass “procreation is a fundamental right”

Katzenbach v. Morgan

• Morgan and voters of New York challenged a federal law that allowed Puerto Rican citizens to vote even if they were not literate in English

• They claimed Congress overstepped its power and interfered with state powers to set voter qualifications

• Against Morgan

• Justice Brennan “Section 5 of the 14th Amendment gives Congress broad power to pass such laws

Brown v. Board of Education (II)

• Plaintiffs from Brown (I) returned to the court because their local school boards were not integrating

• They claimed that they slow pace of integration was a violation of the Equal Protection Clause

• Chief Justice Warren “integration must proceed with all deliberate speed”

Bolling v. Sharpe

• Black students in Washington D.C were denied admission to a white school

• they claimed segregation in D.C was unconstitutional

• Since D.C is a federal territory does the 14th Amendment apply?

• In favor of Bolling

• Chief Justice Warren - used the 14th amendment and the 5th amendment due process clause

Swann v. Charolette - Mecklenburg Board of Education

• Swann and other parents in North Carolina sued because their school district remained segregated despite Brown

• They claimed the state needed to do more than just change the law they need to physically mix schools

• IN favor of Swann

• Chief Justice Burger “order busing and redrawing attendance zones to fix the problem

Regents of the University of California v. Bakke

• Bakke a white man was denied admission to medical school twice while minority students with lower scores were admitted

• claimed school affirmation action program was reverse discrimination

• In favor of Bakke

• Justice Powell ‘while quotas are illegal, a school can use race to get a diverse student body”

Olmstead v. United States

• Olmstead was a bootlegger

• Had his home wiretapped by federal agents without a warrant

• claimed the wiretap was unconstitutional

• against Olmstead.

• Chief Justice Taft - since there was no physical entry into the home, there was no search’

Ex Parte Quirin

• Quirin and several Germans landed in the U.S during WWII

• They were charged as spied and claimed they had a right to be tried in a regular civil court rather than a military court

• against Quirin

• Chief Justice Stone “unlawful combatants” are not entitled to the same rights as American citizens

Gregg v. Georgia

• Gregg was convicted of murder and armed robbery and sentence to death

• he claimed the death penalty was cruel and unusual punishment

• 8th Amendment

• Against Gregg

• Justice Stewart - the death penalty is not unconstitutional, and the state uses a two-step process the trail and sentencing which ensures it isn’t applied randomly

Buckley v. Valeo

• Buckley and others sued to stop a new federal law that limited how much money people could donate to political campaigns

• they claimed it was freedom of speech

• 1st amendment

• the court ruled it can limit contributions to prevent corruptions but cannot limit how much a candidate spends of their own money

Reynolds v. United States

• Reynolds Mormon was charged with bigamy (having more than one wife)

• Was a Latter-day Saints church which practices polygamy

• claimed it was his religion requiring him to practice polygamy and the law violated the Free Exercise of religion

• Against Reynolds

• Chief Justice Warren - the government cannot regulate beliefs, but it can regulate actions

Dennis v. United States

• Dennis and other leader of the Communist Party were organizing to teach and advocate for the violent overthrow of the government

• They were charged with violating the

• They claimed Freedom of Speech

• against Dennis

• Chief Justice Vinson - if the governemnt senses a threat they dont have to wait to take action to stop that threat

What is the Smith Act?

a law made right before World War II to stop people from plotting to destroy the U.S. government

Brandenburg v. Ohio

• A KKK leader made a speech calling for “revenge against the government and certain minority groups ‘

• Ohio Criminal Syndicalism Act

• claimed speech was protected by the 1st Amendment

• favor of Brandeburg

• Incitement test

• speech is protected unless it is directed to inciting violence

What is the Ohio Criminal Syndicalism Act?

a law that made it a crime to talk about or teach the use of violence to change the government

What is the Incitement test?

set of rules judges use to decide if the government can punish someone for speech that encourages violence

Near v. Minnesota

• Near published material attacking local officials

• officials sued under a state law that allowed them to shut down newspapers that did this

• Near claimed this was unconstitutional prior restraint

• in favor of Near

• Chief Justice Hughes - ruled prior restraint is almost always unconstitutional except in times of war

San Antonio School District v. Rodriguez

• Rodriguez and other parents in a poor school district sued because Texas relied on local property taxes for funding, meaning their district has much less money than wealthy ones

• claimed funding violated the Equal Protection Clause .

• education is a fundamental right

• Against Rodriguez

• Justice Powell education is not a fundamental right listed in the Constitution

• rational basis

Shelby County v. Holder

• Alabama sued US attorney general Holder to strike down parts of the Voting Rights Act

• They claimed the coverage formula used to determine which states needed federal permission to change voting laws was outdated

• favor if Shelby County

• Chief Justice Roberts congress must use current data to justify laws

• struck down Voting Rights Act of 1965

Students for Fair Admissions v. Harvard

• a group of students sued Harvard and UNC for affirmative action policies

• They claimed the schools use of race in admissions violated the Equal Protection Clause and the Civil Rights Acts of 1964

• In favor of the students

• Chief Justice Roberts - said the school relied on racial stereotyping and used race in a negative way

Kelo v. New London

• Kelo sued the city of New London because they used eminent domain to take her private property to five the land to a private developed Pfizer

• eminent domain

• claimed it violated the Takings Clause because the land was taken for private use not public use

• Against Kelo

• Justice Stevens ‘public use means public purpose” and the city’s plan to create jobs was valid for public purpose

• Takings Clause

• 5th Amendment

Meyer v. Nebraska

• Meyer a teacher charged with teaching students German

• charged with teaching in a foreign language

• claimed the law violated his due process right to teach and the parents right to choose their child’s education

• In favor or Meyer

• Justice McReynolds - parents have a right to determine the upbringing of their children

• Nebraska law was struck down

Calder v. Bull

• Clader and Bull were fighting over a will

• The state legislature passed a law that allowed a new trial after the original deadline passed

• the Calder’s claimed this was an ex post facto law (a law that changes the rules after the fact)

• Against Calder

• Justice Chase - the ex pos facto clause only applies to criminal laws

Civil Rights Cases

• Five separate cases were joined together where Black citizens were denied access to theaters, hotels, and transit by private business owners

• The business owners were sued under the Civil rights Act of 1875, claiming unconstitutional

• against the black citizens, businesses won

• Justice Bradley - the 14th amendment only applies to state action not private action

Proprietors of Charles River Bridge v. Proprietors of Warren Bridge

• The Charles River Bridge Co. had an old contract to run a toll bridge

• The state then allowed the Warren Bridge Co. to build a new free bridge right next to it

• the Charles Co claimed the state violated the Contracts Clause by destroying the value their original deal

• against the Charles co.

• Chief Justice Taney ruled that contracts must be read strictly. If the state didn’t put in their contract another bridge couldn’t be built, then it legally allowed

• Chief Justice Taney explains to the Charles co that if they want to win a case like this next time write a better contract

Dred Scott v. Sandford

• Dred Scott an enslaved man sued his owner Sanford for his freedom after living for several years in a free territory

• He claimed that his residence on free soil made him a free man

• Chief Justice Taney ruled that Black people were not citizens and that the Missouri Compromise was unconstitutional because Congress couldn’t take property (slaves) away from people

The Slaughterhouse Cases

• a group of butcherin New Orleans sued becuase the state made the slaughterhouse businesses move to one comapny in order to butcher their meats

• They claimed this monoploly violaetd their right to pursue trade under the 14th Amendment

• Justice Miller ruled the amendment only protected a very anrrow set of federal rights

• The state was allowed to do so and practice its police powers for the safety and health of the community

Plessy v. Ferguson

• Plessy sat in a Whites Only railraod car in Louisiana

• He was charged with violating the Seperate Car Act and claimed it violated the Equal Protection Clause

• can state require racial sgergation in public facilities?

• Justice Halran “our Constitution is colorblind”

• seperate but equal

Shelley v. Kraemer

• Shelley family (black) purchased a home that was under a private “restrict covenant” (a contract) that banned Black residents

• restritive convenant

• The neighbor Kraemer sued to stop the sale and the Shlelleys claimed the court enfocement of the contract violated the 14th Amendment

• IN favor of Shelly

• Chieg Justice Vinson ruled that judicial enforment of racial discrimination is prohibitied

Fletcher v. Peck

• Peck sol land to Fletch bu the lan had been part of a corrupt Georgia land grant that the state legislature later tried to cancel

• Fletcher sued and claimed the state couldnt void a legal grant

• IN favor of the contract

• Cheif Justice Marshall ‘ a grant is a contract the state cant break

• Contracts Clause Article 1 Section 10

Lochner v. New York

• Bakery Owner Lochner allowed an employee to work more than 60 hours in a week

• He was charged with violating a labor law and claimed it violated the 14th amendment right to make private deals

• can the state limit working hours for health reasons?

• Justice Peckman created ‘liberty of contract”

• New York Bakeshop Act was struck down

West Coast Hotel v. Parrish

• Parrish a chambermaid was paid less than the states minimum wage

• She sued for the difference

• the Hotel calimed the wage law violated their liberty of contract

• favor of Parrish

• Chief Justice Hughes - the constitution doesnt speak of freedom of Contract

Weeks v. United States

• police entered weeks home without a warrant and seized papers showing he was selling lottery tickets

• he was charged with illegal gambling and claimed the zeizure violated the 4th amendment

• Justice Day - exclusionary rule

• in favor of Weeks

Powell v. Alabama

• Nine Black youths the Scottsboro Boys were accused of a crime and were given no chane to conult with a lawyer until the day of trial

• they were charged with capital crime

• they claimed they were denied due process

• Justice Sutherland - poor illiterate defendants in capial cases must be provided effective counsel

• in favor of defendants

• 14th amendment due process clause

Gideon v. Wainwright

• Gideon was arrested for breaking and entering a pool hall

• he was too poor to hire a lawyer and Florida refused to give him one

• Justice Black used selctive incorporation to rule that a fair trial requires a layers

• 6th amendment

Miranda v. Arizona

• Miranda was arrested and interrogated by police until he signed a confession

• he was never told his rights

• he claimed 5th amendment against self incrimination was violated

• Chief Justice Warren created the Miranda warning to protect people from interrogation and to provide them of ir rights

The Zenger Trial

• Zenger published articles critizing the colonial governor of New York for corruption

• charged with seditious libel

• claimed that his articles were prootected because they were true

• in favor of Zenger

• the jury ignored the law and found him not guilty

• Estblished truth as a defense against libel in American

• Our first American case we read about in this class

Whitney v. California

• Whitney helped organize a branch of the Communist Labor Party

• charged with violating the Criminal Syndicalism Act

• Claimed the law violated her freedom of speech

• against whitney

• California Criminal Syndicalism Act was uphelp

NYT v. Sullivan

• Sullivan sued NYT for an advertisement that contained minor factual errors about how police treated civil rights protestors

• he sued for libel

• NYT claimed the suit violated the 1st Amendment

• Justice Brennan created the actual malice test

• actual malice test (officials must prove the paper lied on purpose)

Green v. County School Board

• After Brown the school board in Kent County used a freedom of choise plan that resulted in almsot zero actual integration

• Green sued and claimed the baord was failing its duty under the Equal Protection Clause

• Justice Brennan - schools must integrate now with a plan that actually works

Wisconsin v. Yoder

• Yodar (Amish) refused to sen his children to school becuase he beleived the enviorment was harmful to their reglious community

• Yoder was charged with violating the school laws

• he claimed free exercise of religion was violated

• Chief Justice Burger ruled the state cannot force schooling if it threatens a religiosu way of life

• 1st Amendment

Zelman v. Simmons Harris

• State of Ohio provided voucers to parents in failing districts, which most parents used to send their kids to private religious schools

• Taxpayers (Simmon-Harris) claimed this used state money to support religion, which violated the 1st amendment

• Ohio voucher was upheld

• Chief Justice Rehnquist - money goes to the parents who then choose the school

Engel v. Vitale

• Engle and a gorup of parents sued the school board led by Vitale

• the state board authorized a prayer to be recited daily in public schools

• parents claimed that the official prayer violated the establishment clause and 1st amendment

• favor of Engle

• Justice Black - the governemnt cannot use the school system to encourage religious activity

Brown v. Board of Education (I)

• Oliver Brown, on behalf of his daughter Linda, and several other Black parents sued the Topeka Board of Education after their children were denied admission to local white schools

• They claimed that racially segregated public schools were not and could never be "equal," and therefore violated the Equal Protection Clause

• n favor of the plaintiffs (Brown)

• Chief Justice Earl Warren - "separate educational facilities are inherently unequal". Separating children because of their race generates a "feeling of inferiority" that may affect their hearts and minds in a way unlikely ever to be undone