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Barron v. Baltimore (1833)
Facts: A wharf owner sued the city for damaging his property.
Issue: Does the Bill of Rights apply to state governments?
Impact: The Court held the Bill of Rights restricts only the federal government; selective incorporation had not yet begun.
Engel v. Vitale (1962)
Facts: NY public schools authorized a short, voluntary prayer.
Issue: Does school-sponsored prayer violate the Establishment Clause?
Impact: Government-written prayers in public schools are unconstitutional; strengthened separation of church and state.
Gideon v. Wainwright (1963)
Facts: Gideon, too poor to afford an attorney, was denied counsel and convicted.
Issue: Does the 6th Amendment require states to provide counsel to the poor?
Impact: Right to counsel was incorporated; states must provide attorneys in felony cases.
Gitlow v. New York (1925)
Facts: Gitlow was arrested for distributing socialist material advocating revolution.
Issue: Does the 1st Amendment apply to the states?
Impact: Began selective incorporation; states must respect free speech protections.
Gregg v. Georgia (1976)
Facts: A challenge to new death-penalty procedures after Furman v. Georgia.
Issue: Is the death penalty unconstitutional under the 8th Amendment?
Impact: Death penalty upheld if applied fairly; “guided discretion” sentencing created.
Lemon v. Kurtzman (1971)
Facts: States reimbursed private (religious) schools for teacher salaries/materials.
Issue: Do such payments violate the Establishment Clause?
Impact: Created the Lemon Test (secular purpose, no religious effect, no excessive entanglement).
Mapp v. Ohio (1961)
Facts: Police illegally searched Mapp’s home and found incriminating evidence.
Issue: Can states use illegally obtained evidence?
Impact: Incorporated the exclusionary rule to the states under the 4th Amendment.
McCleskey v. Kemp (1987)
Facts: McCleskey argued that statistical racial disparities made the death penalty unconstitutional.
Issue: Do racial disparities violate equal protection?
Impact: Court required proof of intentional discrimination, not just statistics; high bar for racial bias claims.
Miami Herald v. Tornillo (1974)
Facts: Florida required newspapers to publish replies from criticized candidates.
Issue: Can the government force newspapers to publish material?
Impact: Such laws violate freedom of the press; editorial control is protected.
Miller v. California (1973)
Facts: Miller mailed unsolicited adult material; convicted under obscenity laws.
Issue: What counts as “obscenity” not protected by the First Amendment?
Impact: Created the Miller Test defining obscenity via community standards.
Miranda v. Arizona (1966)
Facts: Miranda confessed without knowing his right to silence or counsel.
Issue: Must police notify suspects of their 5th Amendment rights?
Impact: Established Miranda warnings (“right to remain silent,” etc.).
NAACP v. Alabama (1954)
Facts: Alabama demanded NAACP membership lists.
Issue: Does forced disclosure violate freedom of association?
Impact: Protected privacy of association; prevented states from targeting groups.
Near v. Minnesota (1931)
Facts: A newspaper was stopped from publishing critical articles.
Issue: Can the government impose prior restraint?
Impact: The Court banned prior restraint, protecting press freedom.
New York Times v. Sullivan (1964)
Facts: Public official sued the NYT for libel over errors in an ad.
Issue: What standards apply when officials claim libel?
Impact: Created “actual malice” standard; greatly expanded press freedom.
Planned Parenthood v. Casey (1992)
Facts: Pennsylvania added various abortion restrictions.
Issue: Can states regulate abortion without violating Roe?
Impact: Reaffirmed Roe; created “undue burden” test; allowed more regulation.
Red Lion Broadcasting Co. v. FCC (1969)
Facts: The FCC fairness doctrine required broadcasters to provide balanced coverage.
Issue: Is government regulation of broadcasters constitutional?
Impact: Upheld broadcast regulation due to spectrum scarcity; more limits than print media.
Roe v. Wade (1973)
Facts: A Texas law banned nearly all abortions.
Issue: Does the Constitution protect abortion choice?
Impact: Right to abortion established via privacy; created a trimester framework.
Roth v. United States (1957)
Facts: Roth was convicted of mailing obscene materials.
Issue: Is obscenity protected speech?
Impact: Obscenity is not protected; set early community-standards test.
Schenck v. United States (1919)
Facts: Anti-draft leaflets led to espionage charges during WWI.
Issue: Can speech encouraging draft resistance be restricted?
Impact: Established “clear and present danger” test for limiting speech.
Abington Township v. Schempp (1963)
Facts: Public schools required Bible reading.
Issue: Does school Bible reading violate the Establishment Clause?
Impact: Yes — government-sponsored religious activities in school are unconstitutional.
Texas v. Johnson (1989)
Facts: Johnson burned a flag in protest and was arrested.
Issue: Is flag-burning protected speech?
Impact: Flag burning is protected symbolic speech under the First Amendment.
Zelman v. Simmons-Harris (2002)
Facts: Ohio school vouchers were used at religious schools.
Issue: Do vouchers violate the Establishment Clause?
Impact: Upheld vouchers if neutral and based on private choice.
Zurcher v. Stanford Daily (1976)
Facts: Police searched a newspaper’s office for photos of a protest.
Issue: Do newsrooms have special protections from searches?
Impact: No warrants can be used if probable cause exists; the press has no immunity from searches.