Court cases

1. The "Incorporation" Cases (Applying the Bill of Rights to States)

Originally, the Bill of Rights only limited the Federal government. These cases used the 14th Amendment’s Due Process Clause to apply them to states.

  • Gitlow v. New York (1925): The "pioneer" case. It ruled that while Gitlow was guilty of anarchy, states could not deny the 1st Amendment right to free speech. It began the era of Selective Incorporation.

  • McDonald v. Chicago (2010): A recent major incorporation case. It applied the 2nd Amendment (right to bear arms) to state and local governments, striking down strict city handgun bans.

2. First Amendment: Speech & Press

The court generally protects speech unless it causes immediate physical harm or "incites" violence.

  • Schenck v. United States (1919): Established the "Clear and Present Danger" test. Schenck was arrested for protesting the draft; the Court famously said you can’t shout "Fire!" in a crowded theater.

  • Brandenburg v. Ohio (1969): This updated Schenck. It established the "Direct Incitement" test. It says the government can only punish speech if it is directed at inciting imminent lawless action and is likely to produce such action.

  • New York Times v. United States (1971): The "Pentagon Papers" case. The court ruled against Prior Restraint (censorship before publication). Even if the info is classified, the government has a "heavy burden" to prove it will cause immediate peril to stop it.

  • Texas v. Johnson (1989): Established that burning the American flag is protected Symbolic Speech. The court ruled that the government cannot prohibit the expression of an idea simply because society finds it offensive.

3. First Amendment: The Religion Clauses

The court balances the Establishment Clause (no state religion) and the Free Exercise Clause (right to practice).

  • Lemon v. Kurtzman (1971): Created the Lemon Test for Establishment Clause cases. To be constitutional, a law must: 1) Have a secular purpose; 2) Neither advance nor inhibit religion; 3) Not foster "excessive government entanglement."

  • Wisconsin v. Yoder (1972): A Free Exercise victory. The Court ruled that Amish parents' right to exercise their religion outweighed the state's interest in forcing school attendance past 8th grade.

4. Fourth, Fifth, & Sixth: Rights of the Accused

These cases define your "Privacy from the Police."

  • Mapp v. Ohio (1961): Established the Exclusionary Rule. If police find evidence during an illegal search (violating the 4th Amendment), that evidence is "excluded" from the trial.

  • Miranda v. Arizona (1966): Focused on the 5th Amendment (self-incrimination). It requires police to read you your rights so that any confession given is truly voluntary.

  • Gideon v. Wainwright (1963): Focused on the 6th Amendment. It ruled that states must provide an attorney to defendants who cannot afford one.

5. The "Privacy" Arc (Substantive Due Process)

The "Right to Privacy" is not explicitly written in the Constitution; the Court says it exists in the "shadows" (penumbras) of other amendments.

  • Griswold v. Connecticut (1965): The "birth" of the Right to Privacy. Struck down a law banning contraceptives for married couples.

  • Roe v. Wade (1973): Used the Griswold privacy right to strike down state laws banning abortion.

  • Lawrence v. Texas (2003): Struck down Texas "sodomy" laws. The Court ruled that consensual, private sexual conduct is protected by the Due Process Clause.

  • Dobbs v. Jackson (2022): Overturned Roe and Casey. The Court ruled the Constitution does not confer a right to abortion, returning that power to state legislatures.

6. The Civil Rights Arc (14th Amendment Equal Protection)

These cases deal with the Separate but Equal doctrine.

  • Plessy v. Ferguson (1896): Validated Jim Crow laws. Created the Separate but Equal doctrine, saying segregation was fine as long as facilities were equal (they rarely were).

  • Sweatt v. Painter (1950): A UT Austin case! Heman Sweatt was denied admission to UT Law. The Court ruled the "Black Law School" Texas built was unequal because of "intangible factors" like prestige and alumni networking. This was the "crack in the armor" for segregation.

  • Brown v. Board of Education (1954): Struck down Plessy. Ruled that "separate educational facilities are inherently unequal."