-
1879 Reynolds v. US
- 1A does not protect polygamy, neither by freedom of expression
- or religious freedom
- One man one woman at a time
-
1890 Davis v. Beason
- No right to polygamy
- Constitution does not protect plural marriage
- State can compel an oath affirming compliance with law against
- bigamy
- Not a religious purpose
-
1919 Schenck v. U.S.
- 1A does not protect anti war protesters in times of formally declared war
- "speech which constitutes a clear and present danger" not protected
-
1919 Abrams v. U.S.
- 1A allows government to send troops into a nations civil war w/o formal declaration
- 1964 NY Times v. Sullivan
- Media shielded from libel liability re public persons
- actual malice requirement
-
1925 Gitlow v. New York
- 14A incorporates 1A free speech clause to the states
- Bill of rights applies to the states
- except 5A indictment requirement
- except 8A ban on excessive bail
-
1927 Whitney v. California
- 1A does not protect groups seeking to overthrow gov't
- Brandeis argues against O.W. Holmes
- Clear and present danger should err on the side of speech
-
1931 Near v. Minnesota
1A no prior restraint of Media unless troops placed in harm's way
-
1932 Powell v. Alabama
- 6A requires defendants have a positive right to counsel
- Federal criminal standards applied to states
-
1935 Patterson v. Alabama
- 6A holds that excluding black people from a jury list incompatible with fair
- trial
-
1937 DeJonge v. Oregon
- 1A allows a person to attend a peaceful unpopular Communist Party rally
- (association)
-
1937 Palko v. Connecticut
- Bill of Rights has a priority "implicit in the concept of ordered liberty" Cardozo
- Federal protection of BOR apply to states (14A)
-
1938 Lovell v. Griffin
1A allows religious groups to distribute lit. w/o permit
-
1941 Edwards v. California
- Article I Section 8 Clause 3 allows poor to travel across state lines to live and
- work- no anti Okie law (Great Depression)
-
1941 Hague v. CIO
1A upholds freedom of assembly in public forums eg city streets
-
1942 Chaplinsky v. NH
1A does not protect profane public speech "fighting words doctrine"
-
1943 W.V.A v Barnette
1A students have a right not to salute flag (graven image as seen by J. Witnesses
-
1944 Smith v. Allwright
15A denies state (Texas) white primary
-
1946 Hannegan v. Esquire
1A denies government ability to deny mailing of "offensive" items
-
1947 Everson v. Bd. of Ed.
1A establishment clause wall of separation with regard to church and state
-
1948 Shelley v. Kraemer
restrictive covenants are not enforceable by the state
-
1949 Terminiello v. Chicago
- 1A allows racist antisemitic speech, overturned disorderly conduct
- foundation of speech is to "invite dispute"
-
1951 Dennis v. U.S.
- 1A does not protect speech about communism; talk can cause convictions
- McCarthy Era Red Scare
-
1952 Rochin V. California
- 14A Due process is violated by conduct which shocks the conscience
- Conviction on Evidence obtained by force or torture or other heinous methods
- reversed
-
1952 Burstyn v. Wilson
1A allows sacrilegious films ie "The Miracle"
-
1954 Brown v. Board of Education
Overturns Plessy v. Ferguson (separate but equal is per se unequal)
-
1957 Watkins v. U.S.
1A denies HUAC authority to compel testimony re Communist Party
-
1957 Yates v. U.S.
- 1A allows speech about communism; Dennis limited; Smith act narrowly construed
- Warren court uses a "balance test between
-
1958 Trop v. Dulles
8A citizenship can't be stripped for desertion
-
1958 Kent v. Dulles
5A due process prevents states requiring loyalty oaths
-
1958 Speiser v. Randall 14a
veterans/loyalty oath
-
1958 NAACP v. Alabama
privacy inherent in freedom of association
-
1959 Smith v. California
book sellers must knowingly sell obscene material
-
1961 Mapp v. Ohio
4A exclusions of illegally siezed evidence applies to states
-
1961 Poe v. Ullman
14A does not prevent ban of contraceptives
-
1962 Engel v. Vitale
1a no official prayer
-
1963 Gideon v. wainright
6a right to legal aid in felony cases
-
1964 Escobedo v. Illinois
6A right to have counsel present when questioned
-
1964 Jacobellis v. Ohio
porn allowed in theatres
-
1964 Baggett v. Bullitt
1A no loyalty oaths 14a vagueness
-
1964 Carroll v. Princess Anne Co.
- can't ban rallies indefinitely, courts can issue tr's when
- fighting words cause an imminent threat of violence
-
1965 U.S. v. Seeger
- conscientious objection does not require religion per se but
- merely sincerely held belief
-
1965 Griswold v. Connecticut
marital privacy derived from 14a liberty
-
1965 Lamont v. Postmaster General
state can't burn/destroy communist propaganda
-
1966 Miranda v. Arizona
- 5a, 6a, suspects must be informed of right to counsel, right against self
- incrimination before questioning
-
1966 Bond v. Floyd
1A can't deny seats to legislators with unpopular beliefs
-
1966 Sheppard v. Maxwell
6A trumps freedom of press in order to preserve fairness at trial
-
1967 Loving v. VA
due process 14a right to marry whomever one wishes
-
1967 Kevishian v. Regents
state can't compel loyalty oaths from public employees
-
1967 In re Gualt
due process applies to minors
-
1968 Epperson v. Arkansas
state can't forbid teaching of ideas it doesn't like, e.g. evolution
-
1968 O'Brien v. U.S.
burning draft cards not a protected form of speech
-
1968 Washington v. Lee
prisons must be integrated 14a equal protection
-
1968 Levy v. Lousiana
state can't discriminate based on legitimacy
-
1968 King v. Smith
can't discriminate against unmarried women welfare
-
1969 Brandenburg v. Ohio
overturns whitney, threat to state must be imminent
-
1969 Tinker v. Des Moines
Armbands, symbolic speech protected in school
-
1969 Stanley v. Georgia
state can't punish mere possession of obscene materials
-
1969 Watts v. U.s.
- political hyperbole protected form of speech even when threatening
- violence
-
1969 Gregory v. Chicago
peaceful demonstrators not liable for conduct of other hostiles
-
1969 Street v. New York
burning flag protected symbolic speech
-
1969 Reed v. Reed
state can't discriminate based on sex
-
1969 U.S. v. Vuitch
- due process, health of mother includes psychiatric concerns
- statute not vague
-
1970 Goldberg v. Kelly
due process requires a hearing before welfare claims denied
-
1971 NY Times v. U.S.
prior restraint not justified by national security (Pentagon Papers)
-
1971 Cohen v. California
1a can't prohibit speech because it is offensive
-
1972 Furman v. Georgia
arbitrary and capricious death penalty application prohibited by 8a
-
1971 Eisenstadt v. Baird
- states can't criminalize sale of contraception states can't interfere with
- reproductive rights (privacy)
-
1973 Miller v. California
Pornography protected, not obscenity, three prong test
-
1973 Doe v. Bolton
abortions after fetus is viable if medically necessary
-
1973 Frontiero v. Richardson
- 14a due process, equal protection army can't discriminate benefits based
- on sex
-
1973 Holtzman v. Schlesinger
- Douglas granted stay stopping bombing, overturned by other members same day
- "SCOTUS ought not decide military/political questions
-
1974 Gertz v. Welch
- media has more liability when it comes to private individuals, don't
- have to prove actual malice
-
1974 U.S. v. Nixon
President not above the law no absolute executive immunity
-
1975 Goss v. Lopez
14a due process requires hearing before suspension from school
-
1975 O'Connor v. Donaldson
- indefinite confinement not retributive does not violate
- due process/ 8 amendment
-
1976 Buckley v. Valeo
candidates spending constitutes protected speech
-
1976 Neb Press Assn v. Stuart
- prior restraint order to protect defendant's right to fair trial unconstitutional
- because other effective measures were available
-
1977 Wooley v. Maynard
- right not to speak, religious groups covering live free or die slogan, state interest
- not compelling
-
1978 Smith v. Collin
cert denied nazi's can march in skokie
-
1978 In Re Primus
- 14A prevents regulation of lawyers who engage in solicitation where the purpose
- is political
-
1978 FCC v. Pacifica
1A does not protect obscene words broadcast on radio during prime time
-
1982 Bd. of Ed v. Pico
libraries can't deny objectionable material
-
1983 Bob Jones v. U.S.
14 A IRS can enforce rules on settled public policy re private education
-
1985 Wallace v. Jaffreee
moment of silence offends establishment clause
-
1986 Edward v. Aguillard
Teachers cannot be required to give equal time to creationism
-
1989 Texas v. Johnson
- Expands first amendment to protect symbolic speech
- flag burning
-
1990 Crusan v. Dir of MO Dep. of Health
- due process right to die upheld for competents, clear and convincing evidence
- standard reasonable
-
1992 R.A.V. v. St Paul MN
laws that proscribe speech which arouses anger too vague
-
1992 Planned Parenthood v. Casey
Reaffirms ROE v. Wade, some reasonable restrictions on abortion allowed
-
1992 Lee v. Weissman
prayer at graduation offends establishment
-
1992 Hudson v. McMillan
beating of shackled inmates cruel and unusual
-
1993 Wisconsin v. Mitchell
hate crime law can only punish acts, not speech
-
1993 J.E.B. v. T.B.
Prosecutor can't challenge jurors based on gender
-
1993 Church of the Lukumi v. Hialeah
groups can't be singled out
-
1994 Ladue v. Gilleo
towns can't ban signs on private property
-
1995 McIntyre v. Ohio Elections
state can't stop anon. dist. of campaign literature
-
1995 Capitol Square Review bd v. Pinette
KKK can put a cross in a public forum w/o offending establishment
-
1995 Hurley v. Irish-American Gay Lesbian Bisexual Group of Boston
Private groups can exclude participants who don't share values
-
1996 Romer v. Evans
14a colorado amendment violates due process of gays
-
1997 Reno v. ACLU
congress' regulation of indecent speech too vague
-
1997 Chandler v. Miller
no urine test for public office (privacy)
-
1997 Boerne v. Flores
overturned religious freedom restoration act
-
1997 Washington v. Glucksberg
no due process/equal protection right to Physician assisted suicide
-
1998 Bragdon v. Abbott
HIV covered by ADA due process
-
1998 Oncale v. Sundowner
CRA Title VII applies to same sex harrassment
-
1999 Chicago v. Morales
loitering law violates due process
-
1999 Saenz v. Roe
no residency requirements for welfare 14a priveleges or immunities
-
2000 Stenberg v. Carhart
partial birth ban too broad, does not protect health
-
2000 Santa Fe Ind. School District v. Doe
students can't vote to have prayers before football games
-
2001 INS v. St. Cyr
immigrants have standing to seek writs of habeas corpus in deportation cases
-
2002 Atkins v. Virginia
capital punishment of mentally retarded cruel and unusual 8a
-
2006 Lopez v. Gonzales
Congress can't deport non-citizens for drug felony 14a
-
2007 Brendlin v. California
4a passenger not subject to seizure when driver pulled over for ticketing
-
2007 FEC v. Wisconsin Right to Life
1a, McCain-Feingold unconstitutional
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