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court cases
civil liberties and rights important court cases
| cases | importance |
|---|---|
| Barron v. Baltimore (1833) | Established dual citizenship; when Barron sued in federal courts claiming that Baltimore, Maryland denied him his private property without just compensation, the Court found that the Bill of Rights only limited the federal (national) government; connect t |
| Dred Scott v. Sandford (1857) | African Americans could not sue in federal court – none of the “rights & privileges” of citizens; 5th Amendment = slave owners can not be deprived of “property” w/o “due process of law”; invalidated Missouri Compromise; contributed to Civil War |
| Plessy v. Ferguson (1896) | Established separate but equal doctrine; discrimination would be allowed until the 1960s. |
| Schenck v. United States (1919) | Oliver Wendell Holmes; “clear and present danger” test; shouting “fire” in a crowded theater; limits on free speech, especially in wartime |
| Gitlow v. New York (1925) | Established precedent of nationalizing the Bill of Rights (applying them to states); states cannot deny freedom of speech – protected through Due Process Clause of the 14th Amendment |
| Korematsu v. United States (1944) | 14th Amendment Equal Protection Clause; World War II; internment; Korematsu – Japanese-American citizen; “strict scrutiny” test unconstitutional unless there is a “compelling” public interest |
| Brown v. Board of Education (1954) | School segregation unconstitutional; segregation psychologically damaging to blacks; overturned separate but equal; use of 14th Amendment; “Judicial Activism” of Warren Court; unanimous decision; overturned Plessy’s “separate but equal” doctrine |
| Mapp v. Ohio (1961) | 4th Amendment and 14th Amendment; established the exclusionary rule in state courts (Weeks, 1914 est. federal courts); “exclusionary rule”: illegally obtained evidence cannot be used in court; example of Warren Court’s judicial activism |
| Engel v. Vitale (1962) | Role of government toward religion under the First Amendment; New York State public school prayer; Establishment Clause vs. Free Exercise Clause; 14th Amendment – Incorporation or Nationalization (applying the Bill of Rights to the States as well as the F |
| Gideon v. Wainright (1963) | Ordered states to provide lawyers for those unable to afford them in criminal proceedings; nationalized the 6th Amendment via the Due Process Clause of the 14th Amendment; example of Warren Court’s judicial activism in criminal cases |
| Griswold v. Connecticut (1965) | Established right of privacy through 4th and 9th Amendments; Connecticut law banning contraceptives; set a precedent for Roe v. Wade, 1973. |
| Miranda v. Arizona (1966) | Established Miranda warnings of counsel and silence; must be given before questioning suspect; Warren Court’s judicial activism in criminal rights. |
| Tinker v. Des Moines, 1969 | Established the 1st Amendment protections of symbolic free speech – conduct that expresses an idea; students wore black armbands to school to protest the war in Vietnam; symbolic speech in public schools could be punished, but only if it disrupts the educ |
| Lemon v. Kurtzman (1971) | Established three part test to determine if Establishment Clause is violated: non-secular purpose, advances/inhibits religion, or excessive entanglement with government |
| Roe v. Wade (1973) | Alan Bakke and UC Davis Medical School; strict quotas (affirmative action) ruled unconstitutional in this instance, but states may allow race to be taken into account as ONE of several factors in admissions decisions; Bakke admitted to medical school |
| U.C. Regents v. Bakke (1978) | Alan Bakke and UC Davis Medical School; strict quotas (affirmative action) ruled unconstitutional in this instance, but states may allow race to be taken into account as ONE of several factors in admissions decisions; Bakke admitted to medical school |
| Texas v. Johnson (1989) | Flag burning; 1st Amendment Free Speech (Symbolic Free Speech); this form of free speech is constitutionally protected; link to Tinker v. Des Moines, 1969; “Government may not prohibit the expression of an idea [because it is] offensive”. |
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erielranee
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