Civil Liberties and Individual Rights: Holdings

Schenck v. United States

The First Amendment doesn't protech speech that approaches a clear and present danger of significant evil that Congress has the power to prevent. Schenck's distribution of leaflets would sufficiently disrupt the conscription process, making it illegal under the Espionage Act and unprotected under the Free Speech Clause.

Brandenburg v. Ohio

Ohio's criminal syndicalism law violated Brandenburg's right to free speech. Speech can be prohibited if it's directed at or likely to incite/produce imminent lawless action. Advocating and teaching KKK doctrines would not fall into this category and therefore can't be convicted.

Tinker v. Des Moines

The armbands represent pure speech entirely separate from the actions or conduct of those participating in it. Students don't lose their First Amendment rights to freedom of speech when they enter school property unless school officials prove their conduct would "materially and substantially interfere" with school operation.

New York Times Co. v. United States

The government didn't overcome the "heavy presumption against" prior restraint of the press, for the vague word "security" can't be used to limit First Amendment rights. Since the publication wouldn't cause an inevitable, direct, immediate event imperiling the safety of American forces, prior restraint was unjustified.

New York Times Co. v. Sullivan

To sustain a claim of defamation or libel, the First Amendment requires that the plaintiff show that the defendant knew that a statement was false or reckless in deciding to publish the information without investigating whether it was accurate. In other words, the defendant must have acted out of "actual malice," which wasn't proved in this case.

Citizens United v. FEC

Under the First Amendment, coroporate funding of independent political broadcasts in candidate elections can't be limited. The BCRA's disclosure requirements as applied to The Movie were constitutional because of a "governmental interest" in providing the "electorate with information" about election-related spending resources. The Court also upheld disclosure requirements for political advertising sponsors, and it upheld the ban on direct contributions to candidates from coroporations and unions.

District of Columbia v. Heller

The ban on registering handguns and the requirement to keep (firearms) in the home disassembled or nonfunctional with a trigger lock mechanism violate the Second Amendment. The first clause of the Second Amendment referencing a "militia" is a prefatory clause that doesn't limit the operative clause. "Militia" also shouldn't be limited to those serving in the military because at the time it referred to all able-bodied men who could be called into service.

New York State Rifle & Pistol Association v. Bruen

NY's proper-cause requirement violated the Fourteenth Amendment because ordinary law-abiding citizens were kept from exercising their Second Amendment rights.

Mapp v. Ohio

Evidence obtained in search and siezures in violation of the Fourteenth Amendment is inadmissable in a state court

Gideon v. Wainwright

The Sixth Amendment's right to counsel is made obligatory upon the states because of the Fourteenth Amendment

Brown v. Board of Ed

Unanimous ruling for Brown - "separate but equal" public schools are inherently unequal and violate the Equal Protection Clause.