Growth of the federal government power due to Supreme court decisions. 1801-1835
Slow Incorperation of civil liberties into state governments. 1953-1969
Under Nixon. whent against expected decisions and procequted Nixon.
Chipped away power from the Government after Warren Court
Marbury v Madison
Gives Judicial review. Allows Supreme Court right to shape laws and decide constitutionality.
McCulloch v Maryland
Congress has both implied and enumerated power. Big Mama Government supremecy.
Gibbons v Ogden
Economic control of Fed Government is spread to cover all interstate traffic.
U.S. v Nixon
Challenge imperial President. Supreme Court decides the President is not above the law. The president must hand over evidence. (see Watergate)
Baker v Carr
1962. States do not have the right to rearange their congressional voting destricts that help one canidate or the other. No state has the right to arrange their voting districts to work to their advantage during elections.
Engle v Vitale
questions establishment clause. If a public school requires a prayer it is unconstitutional. due to freedom of religion.
Abington School District v Schempp
No bible reading over intercom in a public school. Must impliment all religions in teaching to the public.
Church of Lukumi Babalu Aye v City of Hialeah
The city tried to pass a law that prevented animal sacrifice. Was overrulled by Supreme Court due to exclucivly targeting the church, right to free exercise.
Cantwell v Conneticut
Jesse Cantwell Johova's Witness passing out flyers. Produce an anti Roman Catholic phonograph in a Catholic community. Courts decided this was legal due to their freedom of speech and freedom of free exercise.
Schneck v U.S.
'Clear and Present Danger' government may limit freedom of speech.
Gitlow v New York
You have the right to freedom of speech in their own state. 1925
Tinker v Des Moins
You have the right to freedom of expression in a public school if you do not interfere with the classroom environment. 1969
Brandenburg v Ohio
1969. Leader of KKK was prosecuted under law to limit speech due to inciting a public threat. Supreme Court came out with two prong system. If speech was directly inciting bodily harm to others that is not considered free speech. If it is directing at inciting but not specific it is legal.
Miller v California
Obscenity. 1973. Obscenity is not a protected by free speech and media. It is up to the community to decide what is obscene. It is not up to the Government or the Judicial system. Supreme Court can not Rule on Obscenity.
Texas v Johnson
Right to burn the american flag due to freedom of expression.
Reno v ACLU
1997. Decency Act = censorship of internet of obscenity. American citizens have the right to view this material by freedom of choice. Material of adult nature is protected online, however the violation of minors is against the law, direct violation.
Buckley v Valeo
1976. (overturned 2010 by Citizens United v FEC) Limit amopunt of freedom of speech through donation to political campaign costs. Now have right to ability to freedom of speech through unlimited donation through private industry.
Near v Minnesota
1931. if a newspaper wishes to publish obscene material they may. The federal government does not have the right to censor the newspaper. No prior restraint but can be seud for libel.
New York v Sullivan
1964. Newspaper has right to print anything unless ment to attack someone with a lie.
Hazelwood v Kyuhlmeir
1988 Does a high school have the right to censor a school newspaper? If the the paper is considered a publication and has not gone through prior review students has the right to print whatever they like. If it is reviewed before publication the school board has right to censor.