| Term | Definition |
|---|
| Schenck v. U.S. | 1st amendment does not protect against anti war protest during formal war, "clear and present danger doctrine" |
| Abrams v. U.S. | 1st amendment allows government to send troops into a nations civil war w/o formal declaration of war |
| Gitlow v. New York | 14th amendment "incorporates" 1st amendments free speech clause and applies to states |
| Whitney v. California | 1st amendment does not protect membership in groups seeking to overthrow U.S.; Brandeis dissent argues Holmes "clear and present danger" test should favor "more speech, not enforced silence" |
| Stromberg v. California | 1st amendment protects those who show a red flag; state law convicting a communist overturned |
| Near v. Minnisota | 1st amendment denies prior restraint of media - unless troops put in harms way |
| Powell v. Alabama | 6th amendment requires defendants have a right to good legal counsel; Scottsboro Boys case; first timefederal consitutional criminal standards are required in state criminal trials |
| Patterson v. Alabama | 6th amendment holds that excluding black people from a jury list denies a defendant a fair trail |
| DeJonge v. Oregon | 1st amendment allows one to attend a peaceful Communist Party rally |
| Palko v. Connecticut | Bill of Rights has a priority "implicit in the concept of ordered liberty" (justic Cordoza) and these rights in first 10 amendments are applied to states via 14th amendment due process clause |
| Lovell v. Griffin | 1st ammendment allows religious groups to distribute literature without a city permit |
| Edwards v. California | ARticle 1, Section 8, Clause 3 allows poor people to travel across state lines to live & work; case overturned Californias "anti-okie" state law during the Great Depression |
| Chaplinsky v. New Hampshire | 1st amendment does not protect profane public speech; fighting words doctrine established |
| W.VA. V. Barnette | 1st amendment allows school children a right not to salute nations flag; the religious beliefs of jehovahs witness children are protected in Americas public schools |
| Smith v. Allwright | 15th amendment denies a state (Texas) a "white primary" election as it violates the right to vote |
| Hannegan v. Esquire | 1st amendment denies government the ability to deny mailing of items deemed "offensive" |
| Everson v. Board of Education | 1st amendment establishmentclause has "wall of separation" with regard to church and state |
| Shelley V. Kraemer | 14th amendment denies restrictive covenants/contractual agreements among white homeowners not to sell their houses to people of color |
| Terminiello v. Chicago | 1st amendment allows racist anti-semitic speech, overturning priests disorderly conduct arrest; Justice Douglas: "the function of free speech under our systemof government is to invite dispute" |
| Dennis v. U.S. | 1st amendment does not protect speech about communism; talk can cause convictions. Dennis reflects Americas "Mcarthy Era" fears of communism |
| Yates v. U.S. | Limits the amount of speech about communism legally allowed |
| Kunz v. New York | 1st amendment allows persons public speech although earlier civil disorder |
| Rochin v. California | 14th amendment Due Process Clause outlaws "conduct that shocks conscience" |
| Burstyn v. Wilson | 1st amendment allows "sacrilegious" films; 1915 NY state cannot stop "The Miracle" showing |
| Brown v. Board of Education | 14th amendment negates "separate but equal" doctrine in public/taxpayer supported schools; this historic case overturns Plessy v. Ferguson and 100 years of Jim Crow laws |
| Watkins v. U.S. | 1st amendment denies government/HUAC power to force testimony re Communist Party |
| Trop v. Dulles | 8th amendment denies government power to strip ones U.S. Citizenship for being a WWII deserter |
| Kent v. Dulles | 5th amendment's due process clause allows the right to travel; US state department can't deny passport to a person who refused to sign a noncommunist affidavit |
| Speiser v. Randall | 14th amendment prevents states from requiring veterans sign loyalty oaths to get property tax exemption; |
| NAACP v. Alabama | 1st amendment + right to privacy guarantee freedom of association - with no punishment |
| Smith v. California | 1st amendment protects booksellers who cannot b e found guilty of selling "obscene" material unless the government can prove he/she was familiar with the books obscene content |
| Mapp v. Ohio | 4th amendment exclusionary rule (barring illegally seized evidence) applies to state/local police |
| Poe v. Ullman | 14th amendment does not stop a state from banning sale of new birth control pills. Justice Harlan dissent: the law is "an intolerable invasion of primacy in the conduct of one of the most intimate concers of an individual's private life" Leads to Griswald v. Connecticut |
| Engel v. Vitale | 1st amendment declares "it is no part of the business of government to compose official prayers" |
| Abingdon v. Schempp | 1st amendment prohibits state in school bible reading law; upholds ruling in Engel |
| Gideon v. Wainwright | 6th amendment requires states to provide poor people charged with a felony free legal aid |
| Escobedo v. Illinois | 6th amendment right to counsel requires the questioning of police suspect to have a lawyer |
| Jacobellis v. Ohio | 1st amendment allows theatres to show porn films; J. Stewart "knew porn when he saw it" |
| NY Times v. Sullivan | 1st amendment allow media criticism of public persons who put themselves in public debate |
| Baggett v. Bullitt | 1st amendment porhibits state loyalty oaths of states employees because of bagueness |
| Reynolds v. Sims | 14th amendment requires state legislative districts reflect fair "one person, one vote" rule |
| Carroll v. Princess Anne Co. | 1st amendment denies a countys ban of a rally without notifying organizers of the injunction |
| U.S. v. Seeger | 1st amendment gives CO status to anti-war religious protestors w. no belief in supreme being |
| Griswold v. Connecticut | Bill of Rights (1st/4th/5th/9th amendment) gives persons implied "marital privacy" via 14th amendment |
| Lamont v. Postmaster General | 1st amendment ended federal law allowing government to detain/destroy all unsealed mail from abroad |
| Miranda v. Arizona | 5th amendment right against self-incrimination + 6th amendment right to counsel applies to police suspects; "miranda warnings" require police must inform suspects of rights before questioning them |
| Bond v. Floyd | 1st amendment prevents government from denying legislators w/ unpopular beliefs their elected seats |
| Sheppard v. Maxwell | 6th amendment guarantee of fair trial is superior to 1st amendment guarantee of freedom of the press |
| Loving v. Virginia | 14th amendment equal protection clause allows "freedom to marry" ends 17 state racial restrictions; U.S. supreme court declares "the freedom to marry... one of the basic civil rights of man" |
| Keyishian v. Regents | 1st amendment allows public school teachers the right NOT to sign loyalty oaths. Public employment is not a "priviledge" to which government can attach any condition it pleases. |
| In Re Gault | 14th amendment Due Process Clause allows requirements for state delinquency proceedings. Gault established (1st time) the broad principle that young persons have constitutional rights |
| Epperson v. Arkansas | 1st amendment allows teaching "mankind ascended/descended from lower order of animals" |
| O'Brian v. U.S. | 1st amendment does not allow anti-war protest by burning of federal-issued draft card |
| Washington v. Lee | 14th amendment requires state prisons and jails to be racially integrated |
| Levy v. Louisiana | 14th amendment allows an illegitimate child the right to recover damages for a parents death; the accidental circumstance of a childs birth does not justify discrimination by government |
| King v. Smith | 14th amendment prohibits "man in the house" rule that denied welfare to children whose unmarried mothers lived with men; this decision benefited an estimated 5000000 poor children who had previously ben excluded from aid |
| Lee v. Washington | 14th amendment outlaws state laws requiring racial segregation in prison/jails |
| Brandenburg v. ohio | 1st amendment allows unpopular political advocacy; 1940 smith act and all state sedition laws |
| Tinker v. Des Moines | 1st amendment symbolic speech allows school kids to protest. |
| Stanley v. Georgia | 1st amendment keeps states from "controlling a persons private thoughts" |
| Watts v. U.S. | 1st amendment allows "political hyperbole" threats against the life of the U.S. president |
| Gregory v. Chicago | 1st amendment protects peaceful demonstrators from arrest when disorder is created by a hostile audience |
| Street v. New York | 1st amendment overturned a NY state law convicting a man for burning the american flag to protest assassination of civil rights leader medgar Evers in Jackson Mississippi |
| Goldberg v. Kelly | 14th amendment allows welfare recipients to notice/hearing before state can stop benefits |
| Cohen v. California | 1st amendment denies government the power to prohibit speech just because it is "offensive" |
| NY Times v. U.S. | 1st amendment denies government "prior restraint" not justified by threats of national security; "pentagon papers" case upholds (5-3) Near v. Minnesota and aids anti vietnam war protest |
| Reed v. Reed | 14th amendment denies government sex-based categories; women too can administer estate cases |
| United States v. Vuitch | "Right to privacy" allows "life and health of the woman" to include "psychological well being therefore allowing more women to obtain legal "therapeutic" abortions - although the U.S. Supreme court upheld a law used to convict a doctor who performed an illegal abortion |
| Furman v. Georgia | 8th amendment prohibits "arbitrary and capricious" state death penalty laws |
| Eisenstadt v. Baird | "Right to privacy" permits a reproductive rights activist convicted of giving an unmarried woman a contraceptive device; a massachusetts law in illegal and privacy idea advances |
| Miller v. California | 1st amendment allows "pornography" not "obscenity"; 3 step test; before internet; moot |
| Roe v. Wade | Bill of Rights allows women control over their bodies to end a pregnancy in 1st 6 months |
| Doe v. Bolton | Bill of Rights allows the attending physician to decide if an abortion is "necessary" |
| Frontiero v. Richardson | 14th amendment negates a federal law that allowed a woman in the armed forces to claim her husband as a dependant only if he depended on her for 50% + of his support, while a serviceman could claim dependent status for his wife regardless of actual dependency |
| Holtsman v. Schlesinger | Article 1 gives congress only the power to declare war; the president cannot declare war; ACLU took on rep. Elizabeth Holtsmans lawsuit to halt president Nixons bombing of Cambodia during VN War; the bombing was halted for a few hours , but later overturned |
| Gertz v. Robert Welch | 1st amendment allows more compensation to private persons for injury resulting from libel |
| Smith v. Goguen | 1st amendment allows one to put U.S. flag image on items; contemptuous image is vague |
| U.S. v. Richard Nixon | Bill of rights holds a government leader is not above law and not beyond reach of judicial review; ACLU filed the only Amicus Curiae brief arguing "there is no proposition more dangerous to the health of a consitutional democracy than the notion that an elected head of state is above the law and beyond the reach of judicial review." Supreme court ruled if a president withholds evidence needed in a criminal case, then Congress can impeach. Nixon released secret tapes and resigned as president |
| Goss v. Lopez | 14th amendment allows students notice/hearing before suspension by principal w/ no hearing |
| O'Conner v. Donaldson | 14th amendment prevenets unlimited confinement for a non-violent mental illness patient |
| Buckley v. Valeo | 1st amendment allows candidates to spend unlimited money on their own campaigns for office |
| Nebraska Press Association v. Stuart | 1st amendment gives a defendant right to appeal to U.S. Supreme court for what was said/written |
| Woodley v. Maynard | 1st amendment allows the "right not to speak" and overturned a new hampshire law prohibiting jehovahs witness from covering up the license plate slogan "live free or die" |
| Smith v. Collin | 1st amendment allows nazis to march/protest in area where many Holocaust survivors live |
| In Re Primus | 14th amendment allows lawyers to act who "further political and ideological goals through associational activity" a state can regulate lawyers who seek cases for financial gain; the South Carolina supreme court had reprimanded an ACLU lawyer for "improper solicitation" for encouraging poor women to challenge the states practice of sterilizing welfare recipients |
| FCC v. Pacifica | 1st amendment does not allow some "indecent" words broadcasted on radio in prime time |
| Prune Yard Shopping center v. Robins | 1st amendment allows protest in a mall as it is comparable to streets/sidewalks; a California law prohibiting distribution of political pamphlets on its property was overturned |
| Board of Education v. Pico | 1st amendment allows students "right to know"; school libraries cannot deny objectionable books |
| Bob Jones University v. U.S. | 14th amendment allows IRS to enfore rules on "settled racial public policy" re private education |
| Wallace v. Jaffree | 1st amendment establishment clause clashes w/state "moment of silence" law allowing "voluntary prayer" |
| Bowers v. Hardwick | Bill or rights does not guarantee right to privacy/sexual behavior for gays/lesbians |
| Edward v. Aguillard | 1st amendment allows public school teachers not to give "equal time" to "creation science" + evolution |
| Texas v. Johnson | 1st amendment symbolic speech allows one to protest by burning/desecrating U.S. flag. |
| Crusan v. Dir. of MO department of health | right to privacy allows a patients "living will" to be convincing evidence of his/her wishes; first "right-to-die" case; ACLU represented the family of Nancy Crusan who had been in a vegetative state for 7+ years |
| R.A.V v. St. Paul, MN | 1st amendment denies any symbol/law "that arouses anger, alarm or resentment" as vague |
| Planned Parenthood SEPA v. Gov. Casey | 14th amendment upholds abortions performed prior to "viability" of fetus in 7th month; reaffirms roe v. wade |
| Lee v. Weisman | 1st amendment establishment clause denies inclusion of prayer at start of public school and graduation ceremony |
| Hudson v. Mcmillan | 8th amendment denial of cruel/unusual punishment prevents beating of shackled inmates |
| Wisconsin v. Mitchell | 1st amendment allows hate crime law punishing acts (not thoughts/speech) if jury finds victim was hurt |
| J.E.B. v. T.B. | 14th amendment prohibits a government prosecutor from challenging potential jurors with the intent of disqualifying them from serving in a jury trial based solely upon their gender |
| Church of the Lukumi Babalu Aye v. Hialeah | 1st amendment allows slaughter of some animals in church service; the florida city permitted its citizens to practice hunting and fishing for secular purposes |
| Ladue v. Gilleo | 1st amendment prevents towns law banning signs on private property w/ unpopular speech |
| Mcintyre v. Ohio elections commission | 1st amendment denies a state power to prohibit the anonymous distribution of political campaing literature |
| Capitol square review board v. pinette | 1st amendment allows KKK to put a cross in an area on Ohio State Capitol grounds used as public forum used by others - rejecting argument that display violated separation of church/state |
| Hurley v. Irish-American gay, lesbian, Bisexual group of Boston | 1st amendment does allow private groups/organizations to exercise the right to exclude participants from theri parades who do not share the values the parade sponsors wish to communicate |
| Romer v. Evans | 14th amendment overturns state constitution admt/public vote denying government power to enact gay rights laws |
| Reno v. ACLU | 1st amendment denies Act of Congress to censor Internet/banning "indecent" speech as vague |
| Chandler v. Miller | 4th amendment right to privacy overturns state law requiring candidate urine test for public office |
| City of Boerne v. Flores | 1st amendment keeps government from using religion to plan; outlawed 1993 Religious Freedom Restoration Act |
| Washington v. Glucksberg | 14th amendment does allow a state to ban physician assisted suicide; supreme court split 5-4 |
| Bragdon v. Abbott | 14th amendment applies ADA to persons in early HIV stages |
| Oncale v. Sundowner offshore services | 1964 Civil Rights Acts Title VII which prohibits sexual discrimination and harassment in the workplace applies to same sex as well as opposite sex |
| Chicago v. Morales | 14th amendment denies anti gang loitering law targeting minority youth not involved in crime |
| Saenz v. Roe | 1st amendment outlaws restrictive requirments for welfare applicants; citizens select states, states don't select citizens |
| Stenberg v. Carhart | 14th amendment denies state bans on "partial birth" abortions as too broad plus not protecting womens health |
| Santa Fe independent School District v. Doe | 1st amendment establishment clause denies chool policy allowing the student body to vote at the beginning of each schoolyear whether to have prayers before football games |
| INS v. St. Cyr | Article I allows immigrants to challenge deportation orders via habeas corpus, denying AG's claim that congress had stripped courts of jurisdiction and reversing retroactive use of deportation laws |
| Atkins v. Virginia | 8th amendment forbids execution of mentally retarded as cruel and unusual punishment |
| Lawrence v. Texas | Bill of Rights does not allow government to violate right to privacy/sexual behavior of gay/lesbians; overturning bowers v. hardwick |
| Boumediene v. Bush | U.S. Constitution guarnatees right of habeas corpus to all under U.S. law including prisoners, 2006 military commissions act denies guantanamo detainees a basic const. right. |
| They are personal fundamental rights and freedoms which no government can deny its peoples by any law, constitution, or court | Define Civil liberties |
| Fourth Amendment (federal), and fourteenth amendment (states) | Due Process of law |
| Establishment clause, separation of Church and State, Libel and Symbolic Speech | First Amendment |
| 4, 5, 6, 7, 8, amendments | Which amendments are the Criminal law amendments |
| Hague v. CIO | 1st amendment upholds freedom of assembly for public forums; city streets and parks |
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