Obscenity is not protected by the 1 st amendment

SC broadly interprets the I.8 to allow interstate commerce to cover almost all forms of commercial activity

Establishes Judicial Review

Separate but equal is inherently unequal

Establishes supremacy of the national government against state government

Declared Gun Free School Act unconstitutional – did not fall under commerce clause

The right to privacy give a woman the right to an abortion in the first trimester of pregnancy

Established Clear and Present Danger test for Free Speech

Incorporates 1 st amendment to the states – it overturns Baron v Baltimore

Establishes a right to privacy Case involved the banning of contraceptives

Symbolic speech of students is protected

Rights of the accused Established the Miranda Rights

Incorporates right to an attorney

Incorporates 4 th amendment search and seizure

1833 – Bill of rights do not apply to the states.

Establishes “Actual Malice” Standard regarding public officials

Freedom of Press – Prior Restraint – Censorship (except in rare cases) is unconstitutional

Upheld federal spending limits However spending money to influence an election is a protected form of speech

Flag burning is a form of symbolic speech and protected by 1 st amendment

Established the definition for obscene materials the average person, applying contemporary community standards, find, taken as a whole, appeal to the prurient interest; that depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable state law; and that, taken as a whole, lack serious literary, artistic, political, or scientific value

Government directed prayer in schools violates establishment clause – even if non-denomintational and students can opt out

Establishes Lemon test The government's action must have a secular legislative purpose; The government's action must not have the primary effect of either advancing or inhibiting religion; The government's action must not result in an "excessive government entanglement" with religion

Incorporates free exercise clause

Declared line-item veto unconstitutional - violated separation of powers clause

Establishes separate but equal doctrine

Congressional districts must be equal Redistricting is not a political question thus can be ordered by the courts

Establishes the exclusionary rule

4 th amendment applies to public schools Must have “reasonable suspicion”

Race may be taken into account when allowing students to higher education institutions as long as it is not the primary reason