Marbury v. Madison
1803, First case of judicial review where a law is deemed unconstitutional.
Gitlow v. New York
1925, First incorporating case, where the Bill of Rights applies to both the states and the federal government.
Schenck v. US
1919, Government can stop you from saying something that is a clear and present danger.
Feiner v. New York
1951, Free speech can be forbidden if it will lead to violence.
Brandenburg v. Ohio
1969, There are levels to free speech. Established the Incitement Test, which determines the levels of speech protected by law.
Tinker v. Des Moines School District
1969, Symbolic acts of free speech are legal under the 1st Amendment
Shaw v. Hunt
1996, racially gerrymandered districts violate the 14th Amendment. Blacks were over-represented in majority-minority districts.
US v. Nixon
1974, No person is above the law, and the president can't use executive privilege as an excuse to withhold evidence from a trial.
Buckley v. Valeo
1976, Candidates can contribute as much of their own money to their campaign as they want. "Money is speech."
Citizens United v. FEC
2010, Corporations and unions can contribute as much as they want to campaigns, because, as legal entities, they have the right to free speech.
Massachusetts v. EPA
2007, The EPA must regulate CO2 emissions in accordance with the Clean Air Act.
Roth v. US
1957, Obscenity isn't protected by free speech.
Miller v. California
1973, Obscenity isn't protected by free speech. Established the Three-pronged Obscenity Test.
FCC v. Pacifica Foundation
1978, Certain things, while not obscene, are inappropriate for the general public, and can not be broadcast publicly.
US v. Lopez
1994, Congress must defer punishment to states, because the gun-free school zone act exceeds Congress' authority to regulate interstate commerce.
DC v. Heller
2008, Individuals have the right to own a gun as a means of self-defense based on the 2nd amendment, so the gun regulation rule was unconstitutional.
McDonald v. Chicago
2010, States can not ban guns because of the right to bear arms and equal protection of the law.
Texas v. Johnson
1989, Burning the American flag is constitutional because it is expressive conduct with political undertones, protected by the 1st Amendment.
Bush v. Gore
2000, Popular votes should not be recounted in this case, because they would not all be counted and there would not be equal protection of the law.
Dred Scott v. Sandford
1857, Slaves were not citizens; living in a free state or territory did not free slaves; declared the Missouri Compromise unconstitutional.
Plessy v. Ferguson
1896, separate but equal (segregated facilities) is constitutional.
Missouri ex rel. Gaines v. Canada
1939, According to the separate but equal doctrine, a state has to either admit blacks to the law school or establish a separate but equal school for them.
Korematsu v. US
1934, National security outweighs the constitutional promise of equal rights.
Heart of Atlanta Motel v. US
1964, Businesses can't discriminate against blacks or women when providing goods and services.
Swann v. Charlotte-Mecklenburg Board of Education
1971, In the interest of desegregation, mandatory busing within district lines is constitutional.
UC Regents v. Bakke
1978, Race quotas are unconstitutional. Race cannot be the sole factor in accepting or denying entrance, but it can be a factor in the admissions process.
Grutter v. Bollinger
2002, upheld constitutionality of the use of race as a factor in admissions decisions to promote diversity
Gratz v. Bollinger
2003, University of Michigan's affirmative action point system was too mechanistic in its use of race as a factor in admissions, and was therefore unconstitutional.
Bowers v. Hardwick
1986, upheld constitutionality of Georgia law that criminalized sodomy in private.
Lawrence and Gardner v. Texas
2002, due process makes it unconstitutional to prohibit private non-harmful actions.
Loving v. Virginia
1967, Restricting the freedom to marry solely on the basis of race is unconstitutional because of the 14th amendment equal protection clause.
Ricci v. Stefano
2009, employers cannot use statistical disparity alone when making race-conscious decisions to justify ignoring test results.
Minersville School District v. Gobitis
1940, forcing students to salute the flag is a secular policy influencing the state, and is therefore constitutional.
West Virginia Board of Education v. Barnette
1943, forcing students to salute the flag is a violation of 1st amendment free speech, and is therefore unconstitutional.
Everson v. Board of Education
1947, the state can use taxpayer money to reimburse students who take the public bus to religious schools, because it benefits students, not religion.
Engel v. Vitale
1961, banned formal government-written prayers in schools.
Abbington v. Schempp
1962, required religious reading in public schools is unconstitutional because it violates freedom of religion.
Powell v. Alabama
1932, the right to counsel is required by law in death penalty trials.
Betts v. Brady
1942, council must be provided in certain circumstances.
Gideon v. Wainwright
1963, state courts are required to provide counsel for people who can't afford it.
Escobedo v. Illinois
1964, statements to police are invalid if no lawyer is present.
Miranda v. Arizona
1966, police must inform you of your rights before you are questioned.
Hamdan v. Rumsfeld
2006, The president doesn't have the authority to set up war tribunals or special military commissions.
Boumediene v. Bush
2008, non-citizens have the right to habeas corpus, and congress's Military Commissions Act is unconstitutional.
Sheppard v. Maxwell
1966, right to a fair trial is more important than the right to free press, so press can be limited in some cases.
Olmstead v. US
1928, the government can tap your phone without a warrant.
Katz v. US
1967, the government can not tap your phone without a warrant.
Mapp v. Ohio
1968, protection against illegal search and seizure must apply to the states
Nix v. Williams
1984, evidence that would inevitably be discovered after following constitutional laws is permissible in court (inevitable discovery doctrine).
Palko v. Connecticut
1937, right to protection against double jeopardy is not a fundamental right incorporated by the 14th amendment onto the states.
Benton v. Maryland
1969, double jeopardy is a fundamental right and should be incorporated onto the states.
Epperson v. Arkansas
1968, prohibiting teaching evolution in schools is unconstitutional.
Lemon v. Kurtzman
1971, governmental aid only to religious schools involves excessive entanglement between government and religion.
Established the _____ Test: laws must have a secular purpose, can't advance or inhibit religion, and can't foster the entanglement of government and religion.
Griswold v. Connecticut
1965, right to privacy for married couples allows them to buy and use contraceptives.
Furman v. Georgia
1972, the death penalty is cruel and unusual punishment.
Gregg v. Georgia
1976, the death penalty is not cruel and unusual punishment for extreme cases.
Parents v. Seattle District 1 and Meredith v. Jefferson County Board of Education
2006, race can not be a determining factor in admission to public schools.
McCulloch v. Maryland
1819, federal law is stronger than the state law, and state laws can't interfere with federal laws.
Baker v. Carr/Reynolds v. Sims/Wesberry v. Sanders
1964, allowed for political questions to be heard in courts. created guidelines for drawing up congressional districts; must reflect one person, one vote rule.
INS v. Chadha
1983, one-house legislative vetoes violate the separation of powers and are unconstitutional.
Brown v. Board of Education of Topeka
1954, separate but equal is inherently unequal. Ordered the integration of all public schools.
1955, Ordered the integration of all public schools with all deliberate speed.
Roe v. Wade
1973, legalized abortion without restrictions in the 1st trimester, and with restrictions in the 2nd and 3rd trimesters.
Webster v. Reproductive Services
1989, allowed states to ban abortions from public hospitals and permitted doctors to test to see if fetuses were viable.
Planned Parenthood v. Casey
1992, allowed the regulation of abortion if it was not an undue burden on the mother.
Gonzales v. Carhart and Gonzales v. Planned Parenthood
2007, upheld Partial Birth Abortion Ban Act of 2003.