Civil Liberties & Civil Rights SCOTUS Case Review Civil Liberties & Civil Rights

Created the precedent for judicial review Court Cases Marshall Court (Old) Marbury V Madison Created the precedent for judicial review

Court Cases Marshall Court (Old) Gibbons V Ogden Court gave broad interpretation of “interstate commerce clause” Allows Congress to regulate almost ALL economic activity

Court Cases Marshall Court (Old) McCulloch V Maryland Court allowed the US to make a bank because of the Elastic Clause Maryland could not tax the bank because of the Supremacy Clause

Court Cases Marshall Court (Old) Barron V Baltimore Court ruled that the Bill of Rights only applied to the national governments, not the states

Created the precedent for “selective incorporation” Court Cases First Amendment Gitlow V New York Court ruled that the Bill of Rights did applied to the national governments & the states Created the precedent for “selective incorporation”

Schenck V United States Court Cases First Amendment Schenck V United States Speech that presents a “Clear and Present Danger” is not protected speech

Court Cases First Amendment Brandenburg v. Ohio Hate speech is ok because it’s not a direct threat Inciting actual lawbreaking is not protected speech

Court Cases First Amendment Chaplinsky V New Hampshire “Fighting Words” are not protected speech, no threats

Court Cases First Amendment Tinker V Des Moines Symbolic speech is protected speech Students were allowed to wear armbands to protest Vietnam War

Court Cases First Amendment Bethel School v. Fraser Students don’t have protected free speech on campus always Fraser was punished for using inappropriate language

Court Cases First Amendment Texas V Johnson Symbolic speech is protected speech Flag Burning is protected symbolic speech

Creates a test to define what is obscene vs. what is art. Court Cases First Amendment Miller V California Creates a test to define what is obscene vs. what is art.

School prayer violates Establishment Clause Court Cases First Amendment Engel V Vitale School prayer violates Establishment Clause

Court Cases First Amendment Lemon V Kurtzman Govt can give money to religious private schools, but only for secular reasons

Court Cases First Amendment Wisconsin V Yoder Forcing Amish families to keep kids in school violates Free Exercise Clause – so they CAN pull kids out of schools

Court Cases First Amendment Reynolds V United States Polygamy is not protected by the Free Exercise Clause

Court Cases First Amendment Oregon V Smith The govt did not punish illegal drug use directly. They did get fired for illegal drug use

Court Cases First Amendment Near V Minnesota The govt can not stop a newspaper from printing anything – there is no prior restraint

Court Cases First Amendment New York Times V United States The govt can not stop the NYT from printing the Pentagon Papers – no prior restraint

Court Cases First Amendment New York Times V Sullivan A public figure must prove the publication knew information was false and published it for malicious reasons in order to win a libel suit

Private organizations do not have to disclose their membership Court Cases First Amendment NAACP V Alabama Private organizations do not have to disclose their membership

Court Cases First Amendment Boy Scouts V Dale Private organizations have the right to exclude members In this case, Boy Scouts could exclude homosexuals

An individual has a right to possess a firearm – does not have to be Court Cases Second Amendment DC V Heller An individual has a right to possess a firearm – does not have to be part of a militia

Court Cases Second Amendment US V Lopez Congress cannot make “gun free school zones” as a part of its commerce clause powers

Court Cases Second Amendment McDonald V Chicago Incorporated the 2nd Amendment – states must protect an individual’s right to bear arms

Court Cases Fourth Amendment Mapp V Ohio Established the Exclusionary Rule – illegal evidence cannot be admitted in court

Police must inform defendants of their constitutional rights Court Cases Fifth Amendment Miranda V Arizona Police must inform defendants of their constitutional rights

Court Cases Sixth Amendment Gideon V Wainwright Right to counsel means that states must provide attorneys to defendants who cannot afford them

Court Cases Eighth Amendment Furman V Georgia Death penalty was unconstitutional - not because it was cruel and unusual – but because it was racially biased

Court Cases Eighth Amendment Gregg V Georgia Death penalty was constitutional – once Georgia fixed their biased system

Court Cases Right to Privacy Griswold V Connecticut Court ruled that a “Right to Privacy” is implied by the Bill of Rights Birth control is covered by the right to privacy

States cannot ban abortions Court Cases Right to Privacy Roe V Wade States cannot ban abortions

States cannot ban homosexual relations Court Cases Right to Privacy Lawrence V Texas States cannot ban homosexual relations

Court Cases Race Issues Scott V Sanford Court ruled that African Americans could not be citizens - so they did not have standing to sue

Court ruled segregation was legal – “separate but equal” Court Cases Race Issues Plessy V Ferguson Court ruled segregation was legal – “separate but equal”

Court Cases Race Issues Brown V Board of Ed. Court ruled segregation was illegal – separate but equal is inherently unequal

Court ruled schools must desegregate “with all deliberate speed” Court Cases Race Issues Brown V Board of Ed. II Court ruled schools must desegregate “with all deliberate speed”

Court Cases Race Issues Heart of Atlanta V United States Court ruled places of public accommodation could not segregate

Court Cases Race Issues Katzenbach V McClung Private businesses (restaurants in this case) could not discriminate based on race

States could not ban interracial marriage Court Cases Race Issues Loving V Virginia States could not ban interracial marriage

“Bussing” to integrate schools was constitutional Court Cases Race Issues Swann V Charlotte “Bussing” to integrate schools was constitutional

Banned “white primaries” Court Cases Race Issues Smith V Allwright Banned “white primaries”

Court Cases Race Issues Regents of University of California V Bakke Court upheld “affirmative action” programs but banned the use of racial quotas

Schools can use race in admission decisions as one of many factors Court Cases Race Issues Grutter V Bollinger Schools can use race in admission decisions as one of many factors

Court Cases Race Issues Gratz V Bollinger Schools cannot give “bonus points” based on race in admissions decisions

Court Cases Race Issues Korematsu V United States Court ruled that internment of Japanese Americans was constitutional

Gender laws use “intermediate scrutiny” Court Cases Gender Issues Craig V Boren Most laws that treat women differently from men violate the Equal Protection Clause Gender laws use “intermediate scrutiny”

Court ruled that states could ban homosexual relations Court Cases Sexuality Issues Bowers V Hardwick Court ruled that states could ban homosexual relations

Court ruled that states could not ban homosexual relations Court Cases Sexuality Issues Lawrence V Texas Court ruled that states could not ban homosexual relations

Court ruled that states could not ban same sex marriages Court Cases Sexuality Issues Obergefell V Hodges Court ruled that states could not ban same sex marriages