Houston Independent School District



Landmark Supreme Court Cases: CIVIL LIBERTIESRight or Principle DefinedLandmark CasesRelevant Amendment(s), Article, and/or ClauseQuestion/Issue AddressedMajority Opinion, including Key ConceptsSignificanceIllustration1Nationalization / incorporation of Bill of RightsBarron v. Baltimore (1833)May a state pass a law restricting a right protected by the Bill of Rights?Bill of Rights restrained only the national government, not states and cities.Set a precedent for a century that the Bill of Rights only applied to fed, not state, gov.2Nationalization / incorporation of Bill of Rights, freedom of speechGitlow v. New York (1925)14th – Due Process ClauseMay states pass laws restricting speech protected by the 1st Amendment?States may not pass laws restricting the right of free expression protected by the 1st Amendment.First case to nationalize / incorporate the Bill of Rights – in this case, freedom of speech.3Freedom of religionEngel v. Vitale (1962)1st – Establishment ClauseMay states require children to voluntarily recite prayers in public schools?States may not require students to recite a nondenominational prayer in public schools at start of school dayStrengthened “wall of separation” between church and state.4Freedom of religionAbington Township School District v. Schempp (1963)1st – Establishment ClauseIs school-sponsored Bible reading in public schools unconstitutional?School-sponsored Bible reading in public schools is unconstitutional. The establishment clause requires government to remain neutral in religion, not just avoid setting up an official church.Strengthened “wall of separation” between church and state.5Freedom of religionLemon v. Kurtzman (1973)1st – Establishment ClauseDoes federal government aid to church-related schools violate the separation of church and state?Forbid state-funding of parochial private schools. But some government aid to churches is allowed if conditions of Lemon test are met.Clarified boundary between church and state when fed. gov. provides aid to church-related schools.6Freedom of religionReynolds v. United States (1879)1st – Free Exercise ClauseDoes a federal law prohibiting polygamy violate Mormons’ right to practice polygamy?Federal laws may ban certain religious practices so long as neutral on religious beliefs.Narrowed the protections granted by the free exercise clause of freedom of religion.7Freedom of religionEmployment Division of Oregon v. Smith (1988)1st – Free Exercise ClauseDoes an Oregon law outlawing the use of peyote in Native American religious ceremonies violate the free exercise clause?Upheld state law denying unemployment benefits to workers fired for using drugs, even though Smith was using the drug (peyote) as part of a religious ceremony.Narrowed the protections granted by the free exercise clause of freedom of religion.8Freedom of speechSchenk v. United States (1919)1st – Free SpeechIs distributing leaflets in wartime urging youth to resist the draft a form of free speech protected by the 1st Amendment?Holmes: Gov. may limit free speech if it provokes a “clear and present danger” of a threat to public order.Weakened protections given free speech during war if gov. claims would harm national security. 9Freedom of speechTinker v. Des Moines School District (1969)1st – Free SpeechIs wearing of armbands to school to protest a war a form of free speech protected by the 1st Amendment?The wearing of armbands to public school to protest a war is symbolic speech, not just action, and therefore protected.Broadened definition of protected speech to include symbolic speech.10Freedom of SpeechTexas v. Johnson (1989)1st – Free speechIs flag burning a form of free speech protected by the 1st Amendment?Flag burning is symbolic speech, not just action, and therefore protected speech.Broadened definition of protected speech to include symbolic speech.11Freedom of speechBuckley v. Valeo (1976)1st – Free SpeechAre campaign contributions by individuals a form of free speech protected by the 1st Amendment?Individual donations to one’s own campaign is a form of protected speech which gov may not limit. But individual contributions to presidential & congressional candidates are not speech & may be limited.Broadened definition of protected free speech to include donating to one’s own campaign, limiting effectiveness of campaign finance reform.12Freedom of speechCitizens United v FEC (2010)1st – Free SpeechAre independent electioneering expenditures by corporations a form of free speech protected by the 1st Amendment?Independent electioneering expenditures by corporations are a form of free speech protected by the 1st Amendment. Struck down part of Bipartisan Campaign Reform Act.Broadened definition of free speech to include independent electioneering expenditures by corporations, limiting the effectiveness of campaign finance reforms. 13Freedom of the pressNear v. Minnesota, (1931)1st- Freedom of the pressMay a state close a newspaper that calls local officials names?Newspapers’ calling local officials names is a form of protected speech which states may not abridge.Incorporated 1st’ Amendment’s freedom of the press to the states. Expanded protections given freedom of the press.14Freedom of the pressNew York Times Co. v. U.S. (1971)1st- Freedom of the pressMay the government prevent publication of the leaked Pentagon papers in the name of protecting national security?Preventing publication of the leaked Pentagon papers in the name of protecting national security would constitute prior restraint and is not allowed.Expanded the right to freedom of the press vs. government censorship in name of national security.15Freedom of the pressRoth v. U.S. (1957)1st- Freedom of the pressMay the government prohibit literary erotica and nude photos?Obscenity is not a form of speech protected by the 1st Amendment and may be restricted.Narrowed the right to freedom of the press to exclude obscenity.16Right to assemble, associate, and petitionNAACP v. Alabama (1958)1st- Right to assemble, associate, and petition gov.May AL require NAACP, a civil rights organization, to turn over its membership list? State efforts to require groups to disclose their membership lists violate individuals’ right to freedom of association.Incorporated the 1st Amendment’s freedom of association to the states. Expanded protections given freedom of association.17Rights of the accused (unreasonable search and seizure)Mapp v. Ohio (1965)4th – protection from unreasonable searches and seizuresMay the police use evidence obtained without probable cause in court?Applied the exclusionary rule to the states: Evidence seized during an illegal search (without probable cause/warrant) cannot be used in court.Broadened the 5th Amendment’s protection from unreasonable search and seizure.18Rights of the accused (self-incrimination)Miranda v. Arizona (1966)5th – not required to testify against oneselfMust police inform criminal suspects of their constitutional rights before questioning them?Police must inform criminal suspects of their constitutional rights during upon arrest before questioning them.Broadened protection from self-incrimination by establishing guidelines for police questioning.19Rights of the accused (Right to counsel)Gideon v. Wainwright (1963)6th – right to legal counselDoes the right to counsel apply to defendants in felony cases too poor to afford a lawyer?States must provide defendants with lawyer in felony cases if defendant cannot afford one.Incorporated 6th Amendment’s right to legal counsel to the states. Broadened definition of right to counsel to felony cases.20Rights of the accused (cruel and unusual punishment)Gregg v. Georgia (1976)8th – no cruel and unusual punishmentsDoes the death penalty constitute a form of cruel and unusual punishment?The death penalty does not constitute a form of cruel and unusual punishment, so it does not violate the 8th Amendment.Narrowed definition of cruel and unusual punishment, giving states more room to use the death penalty. 21Right to privacy, civil rights for womenGriswold v. Connecticut (1965)1st, 3rd, 4th, and 9th (implied right to privacy)Does a CT law prohibiting the use of contraceptives violate marital privacy rights?Struck down a CT law prohibiting the use of contraceptives as a violation of the privacy rights of married couples.Established that the 1st, 3rd, 4th, and 9th Amendments imply a right to privacy. Incorporated the right of privacy to the states.22Right to privacy, civil rights for womenRoe v. Wade (1973)1st, 3rd, 4th, and 9th (implied right to privacy)May a state ban abortions except to save the life of a mother?Struck down a TX law banning abortions as a violation of right to privacy. Legalized abortions within first trimester.Broadened the scope of the right to privacy to include abortions within first trimester. ................
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