Unit 3 Court Cases

Basic Precedents for All Unit 3 Court Cases

Gitlow v. New York

Gitlow v. New York

First introduced concept of incorporation + selective incorporation. Took the first amendment, and applied it to state through the 14th Amendment's equal protection clause.

Near v. Minnesota

Strengthened freedom of press, making it clear that the application of prior restraint was almost always unconstitutional except in very few situations.

Lemon v. Kurtzman

Established the "Lemon Test" which is used to determine if laws violate the Establishment Clause. (The law must have a secular purpose, must neither advance nor inhibit religion, and must not promote entanglement of government with religion).

Engel v. Vitale*

CCC - Established that even voluntary and non-specific prayer in public schools was government endorsing religion, and unconstitutional. Significant reinforcement of the wall of separation between church and state, and a direct attack on religion in government buildings.

Schenck v. U.S.*

CCC - Established the Clear and Present Danger test as a standard of limiting free speech. Allowed government to limit speech in this specific form.

Brandenburg v. Ohio

Refined "clear and present danger" test, and created new (modern) standard of free speech (does it incite imminent violence?).

NYT v. US*

CCC - Allowed the NYT and Washington Post newspapers to publish Pentagon Papers without risk of government censorship or punishment. Reinforced the high requirements for prior restraint, upholding free press right and importance of transparency in government. Based off of 1st Amendment freedom of press clause.

NYT v. Sullivan

Established "actual malice" standard, meaning that its constitutional if they did not publish it knowing the information was inaccurate. Expanded freedom and protections of the press, and limited public officials' ability to sue press.

Texas v. Johnson

Established symbolic speech as a form of speech that is protected. Reinforced freedom of speech/expression.

Tinker v. Des Moines*

CCC - Overrode student suspension for wearing black armbands to school to protest Vietnam War. Reinforced freedom of speech for students, and set limits on federal schools' regulations on speech. Grounded in 1st Amendment, freedom of speech clause

Hazelwood School District v. Kuhlmeier

Set limits on students' free speech in schools if it was in school-sponsored content and the speech did not align with school's educational goals.

Reynolds v. U.S.

Established that religious beliefs were not to be regulated by government, but their practice can be if it violates societal laws. Limits religious freedom (and Free Exercise Clause).

Wisconsin v. Yoder*

CCC - Overrode Wisconsin law that required school attendance till the age of 16. Amish people appealed because they argued that education beyond 8th grade conflicted with their religious beliefs, which needed kids to stay at home. Established idea that government's "compelling interest" in limiting practices must be more important than the religious freedoms. Expanded religious freedoms. Grounded in 1st amendment, free exercise clause.

U.S. v. Lopez

Limited the scope of the Commerce clause, which had been used in the past to regulate non-economic activities.

D.C. v. Heller

Established that the right to own a gun (assembled in ones home) in a federal district was constitutional, and bans against this violated Second Amendment.

McDonald v. Chicago*

CCC - Established that the right to own a gun (assembled in ones home) in any state was constitutional, and any bans against this violated Second Amendment.

New Jersey v. T.L.O.

Limited right to privacy of students on school grounds, establishing that searches of student property are constitutional with reasonable suspicion instead of a warrant.

Miranda v. Arizona

Established the need for Miranda rights during an arrest, which informs the person of their criminal rights so that all evidence brought in during interrogation is admissible in court

Mapp v. Ohio

Established the Exclusionary rule, that evidence found illegally is not admissible in court.

Gideon v. Wainwright*

Established that the Sixth Amendment's guarantee of the right to counsel applies to state criminal trials through the 14th Amendment.

Griswold v. Connecticut

The ruling established a constitutional right to privacy in matters of marital relations and contraceptive use, marking a significant expansion of privacy rights.

Brown v. Board of Education

Overturned Plessy v. Ferguson and ruled that racial segregation in public schools was unconstitutional, violating the 14th Amendments Equal Protection clause.

U.C. Regents v. Bakke

Allowed race-conscious admissions policies but rejected the idea of strict racial quotas to maintain equality.

Grutter v. Bollinger

The Court concluded that diversity is a compelling state interest and that the school's use of race in admissions was narrowly tailored to achieve this interest. It was consistent with the Equal Protection Clause.

Gratz v. Bollinger

The Court found that the admissions system of U Mich, which awarded a fixed number of points based on race, amounted to a racial quota, and was not narrowly tailored to achieve the goal of diversity. It violated the Equal Protection clause.