1. Civil Liberties & Civil Rights
SCOTUS Case Review
Civil Liberties & Civil Rights

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

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

4. 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

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

6. 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”

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

8. 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

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

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

11. 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

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

13. 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.

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

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

16. 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

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

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

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

20. 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

21. 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

22. 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

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

24. 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

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

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

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

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

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

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

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

32. 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

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

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

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

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

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

38. 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”

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

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

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

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

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

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

45. 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

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

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

48. 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”

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

50. 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

51. 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