AP GOV Court Cases

Lord save us all

Barron v. Baltimore (1833)

• Man owned profitable wharf however city’s construction diverted streams, destroying property → wanted compensation for violation of 5th Amendment

• 5th Amendment - “Takings Clause” does not restrict the State government, only national government

• Established Bill of Rights only applied to federal government, changed later by 14th Amendment

Gitlow v. New York (1925)

• a socialist published a pamphlet called the “Left Wing Manifesto” and was convicted under NY’s Criminal Anarchy law

• Established states could restrict speech that advocated the violent overthrow of the government

• 1st Amendment’s free speech protection applies to the states through the 14th Amendment Due Process Clause → began to apply the Bill of Rights to the states

Lemon v. Kurtzman (1971)

• Pennsylvania and Rhode Island had laws that allowed the government to give money to religious private schools → taxpayer argued this violated 1st Amendment Establishment Clause that forbids government involvement with religion

• Laws unconstitutional because they created “excessive entanglement” between church and state → Led to the Lemon Test

Zelman v. Simmons-Harris (2002)

• City of Cleveland, Ohio created school voucher program to help low-income families send children to better schools including religious or private ones → group of taxpayers argued that program violated 1st Amendment Establishment Clause which forbids government endorsement of religion

• Ruled that program did not violate the Establishment Clause because it provided aid to parents NOT directly to the religious schools → narrowed separation between church and state

Engel v. Vitale (1962)

• In New York, public schools began day with a short voluntary prayer → group of parents argued it violated the 1st Amendment’s Establishment Clause, forbidding government involvement with religion

• Ruled that state-sponsored prayer is unconstitutional → regardless if voluntary or not, government cannot sponsor or promote religious activity in public schools

Abington Township School District v. Schempp (1963)

• In Pennsylvania public schools, students required to read Bible verses → a parent and his children argued the practice violated the 1st Amendment’s Establishment Clause and their freedom of religion

• Ruled that the practice was unconstitutional → did in fact violate 1st Amendment, reinforced separation of church and state

Near v. Minnesota (1931)

• Man published newspaper that accused local officials of corruption → officials tried to shut his paper down using state “gag law” (government can censor publications deemed malicious), however man argued it violated his 1st Amendment right to freedom of press

• Ruled that government cannot censor or prohibit a publication in advance, establishing that free press is essential to Democracy

• First case to apply freedom of the press to the states

Schenck v. United States (1919)

• A socialist distributed pamphlets urging men to resist military draft, claiming it violated the 13th Amendment’s ban on involuntary servitude → charged under Espionage Act of 1917 for attempting to obstruct military recruitment

• ruled that speech can be limited if it creates a clear and present danger, in this case, obstructing the draft during wartime

• first major interpretation of the First Amendment in wartime, government can restrict speech during national emergencies

Texas v. Johnson (1989)

• Man burns American flag to express opposition to government policies → arrested under Texas law that banned flag burning but argued that his actions were protected under the First Amendment

• Ruled that flag burning is a protected speech → government cannot prohibit expression simply because society finds it offensive or disagreeable 

Red Lion Broadcasting Co. v . FCC (1969)

• A radio station attacked a journalist’s character but under its Fairness Doctrine, the station required to offer journalist free airtime to respond → station refused and argued that it violated its 1st Amendment by limiting broadcaster’s freedom of speech

• Ruled the Fairness Doctrine was constitutional, broadcast media can be regulated in the public interest to ensure fair and balanced public debate

Miami Herald Publishing Co. v. Tornillo (1974)

• Florida has a “right to reply” law requiring newspapers to give political candidates free space to respond to criticism → a political candidate sued for refusing to publish his reply however newspaper company argued kit violated its 1st Amendment freedom of the press

• ruled that the government cannot force a newspaper to publish content it does not wish to print, unlike broadcasting, print media cannot be regulated to ensure “fairness” or “balance”

Roth v. U.S (1957)

• Man ran business that mailed inappropriate books, pictures, and magazines →convicted under a federal obscenity law however man argued it violated his 1st Amendment right to freedom of speech and press

• ruled that obscenity is not protected by the 1st Amendment, first case where Supreme Court tried to define obscenity under the Constitution and set limits on free expression

Miller v. California (1973)

• man conducted mass mailing campaign advertising adult books and films → convicted under California’s obscenity law for distributing obscene materials and he argued that it violated his 1st Amendment right to free speech

• ruled obscene materials are not protected by the 1st Amendment → established the Miller Test, giving clearer definition to its vague standard

New York Times Co. v. Sullivan (1964)

• New York Times published an ad criticizing Alabama Officials → resulted in a city commissioner suing for libel (defamation) however New York Times argued it violated freedom of press under the 1st Amendment

• ruled that public officials suing for libel must prove “actual malice” not just due to factual errors → made it harder for public figures to win libel lawsuits

NAACP v. Alabama (1958)

• Alabama tried to force NAACP to hand over list of its members and supported as part of a legal challenge to the organization’s activities → NAACP refused arguing it would expose members to harassment and threats, violating their rights

• ruled in favor of NAACP, recognized freedom of association as a core part of the 1st Amendment

District of Columbia v. Heller (2008)

• District of Columbia had one of the strictest gun laws, banning handguns however a man sued, arguing it was his 2nd Amendment right to keep and bear arms

• ruled that the 2nd Amendment protected an individual’s right to possess firearms → right to bear arms is not unlimited and expansion of the 2nd Amendment

McDonald v. Chicago (2010)

• Chicago had strict gun control laws that banned handguns for private citizens → man sued because he wanted a handgun for self-defense, arguing it was his 2nd Amendment right to keep and bear arms, recognizing District of Columbia v. Heller should also apply to state and local governments

• ruled that the 2nd Amendment is applicable to the states through the 14th Amendment (selective incorporation)

Mapp v. Ohio (1961)

• Police forcibly entered a home without a valid search warrant and found illegal materials which they used for conviction → woman argued evidence was obtained illegally and violated her 4th Amendment right against unreasonable searches and seizures

• ruled in favor that evidence in violation of the 4th Amendment cannot be used in state or federal courts

Miranda v. Arizona (1966)

• Man arrested in Arizona for kidnapping and rape, after two hours of investigation, he confessed but was never told he had the right to remain or silent or to have a lawyer present, arguing his 5th Amendment right against self-incrimination and 6th Amendment right to an attorney had been violated

• ruled in favor of man, established Miranda Rights

Gideon v. Wainwright (1963)

• man charged with felony breaking and entering in Florida but could not afford a lawyer and had to represent himself → appealed arguing his 6th Amendment right to counsel was violated

• ruled that the right to counsel is a fundamental right and essential to a fair trial, expanding legal protections for the poor and ensured justice is not limited by wealth

Gregg v. Georgia (1976)

• man convicted pf murder and sentenced to death → man argued that the death penalty was “cruel and unusual punishment” and violated the 8th and 14th Amendments

• ruled that the death penalty is not inherently unconstitutional if applied under carefully designed statutes, capital punishment does not automatically violated 8th Amendment

McCleskey v. Kemp (1987)

• man convicted of murdering a police officer sentenced to death → challenged sentence, arguing that defendants of color were more likely to receive the death penalty and therefore the racial disparity violated the 8th Amendment

• ruled that statistical evidence of racial disparities alone is insufficient to overturn an individual death sentence, one would need to show intentional discrimination in his specific case

Ford v. Wainwright (1986)

• man sentenced to death in Florida developed severe mental illness and unable to understand the reason for his execution → argued that executing him would violate 8th Amendment’s prohibition on cruel and unusual punishment

• ruled that the 8th Amendment forbids executing a mentally disabled person, strengthening the amendment’s protection against cruel and unusual punishment

Roper v. Simmons (2005)

• 17 year old sentenced to death for murder → argued that executing someone under 18 violated the 8th Amendment’s prohibition on cruel and unusual punishment

• ruled in the prohibition of the execution of individuals who were under 18 at the time of their crimes, abolishing juvenile death penalty

Griswold v. Connecticut (1965)

• Connecticut had a law banning the use of contraceptives → director of Planned Parenthood League of Connecticut convicted of providing devices → argued that it violated the right to privacy in marital relations

• ruled the Constitution implicitly guarantees a right to privacy, major expansion of personal liberties

Roe v. Wade (1973)

• woman challenged Texas law that made most abortions illegal, claiming it violated constitutional right to privacy

• ruled the Due Process Clause of the 14th Amendment includes a right to privacy, protecting a woman’s decision to have an abortion

• States cannot regulate abortion during first trimester but can in the second trimester however ban or restrict abortion in the third unless necessary to protect the woman’s life or health

Webster v. Reproductive Health Services (1989)

• Missouri passed a law placing restrictions on abortion → abortion providers challenged laws stating it violated the constitutional right to abortion established in Roe v. Wade

• ruled States could impose certain restrictions on the use of public resources for abortions, did not overturn Roe v. Wade but allowed greater state regulation of abortion

• shift towards state-level control over abortion

Planned Parenthood v. Casey (1992)

• Pennsylvania passed abortion restrictions → Planned Parenthood challenged law, claiming it violated the constitutional right to privacy

• upheld most restrictions but reaffirmed the core right to abortion before fetal viability

• “Undue burden” - occurs when a state law or regulation has a purpose or effect of placing an obstacle in the path of a person seeking to exercise a constitutional right (ex. a law requiring spousal consent for an abortion)