The Courts & Civil
Liberties & Civil
Rights
Who’s protected
And
who are we
protected
against?
Selective Incorporation
Barron v. Baltimore1833
The U.S. Supreme Court
ruled that the Bill of
Rights applied ONLY to
the national gov’t.
Gitlow v. NY
1925- the Supreme Court
begins the process of
incorporating MOST of
the Bill of Rights to the
th
states through the 14
Amendment Due Process
Clause
14th Amendment
Due Process Clause“…nor shall any State
deprive any person of
life, liberty or property
without due process of
law;…”
First Amendment
Speech & Press
Schenck v. U.S.- 1919, Clear
& Present Danger Rule
Gitlow v. NY—incorporated
Speech to the states
Symbolic Speech—
Tinker v.Des Moines School
District &
Texas v. Johnson
First Amendment
Speech & Press
Prior Restraint- Near v.
Minnesota & NY
Times v. U.S.
Libel & slander
Obscenity
First Amendment
Establishment Clause
Everson v. Board of Ed.
Lemon v. Kurtzman
Engel v. Vitale
Abington School Dist
v.Schempp
First Amendment
Free Exercise Clause
Cantwell v. Connecticut
Reynolds v. U.S.
Oregon v. Smith
Church of Lukumi Babalu
Aye v. Hialeah
First Amendment
Assembly & Petition
Reasonable time & place rules
Collins v. Smith- Skokie case
NAACP v. Alabama
Snyder v. Phelps- Westboro
Baptist Church case
Second Amendment
Most recently incorporated
Amendment—2010McDonald v. Chicago
Third Amendment
Protection
against the
quartering of
soldiers in our
homes- not
incorporated
Fourth Amendment
Search & Seizure
Mapp v. Ohio- Exclusionary
Rule
Exceptions
Stafford v. Redding- strip
search of 13 yr old for
ibuprophen – unconst.
Fifth, Sixth & Eighth
Amendment Protections
5th- Miranda v. Arizona- selfincrimination
Double Jeopardy
6th-Gideon v. Wainwright- right
to counsel
8th- Cruel & Unusual Punishment
Seventh Amendment
Right to a jury trial
in civil cases
exceeding $20—not
incorporated
Ninth Amendment
Rights beyond those in the
Constitution—implied
rights
Griswold v. Conn
Roe v. Wade
14th Amendment
Equal Protection
Clause—
“…nor deny to any
person within its
jurisdiction the equal
protection of the laws.”
14th Amendment
Equal Protection Clause
Scott v. Sandford
Plessy v. Ferguson
Brown v. Board of Ed.
University of Cal. v. Bakke
Grutter v. Bollinger
Other Cases
Marbury v. Madison---Judicial
Review
McCulloch v. Maryland—national
superiority over states &
constitutionality of implied powers
Gibbons v. Ogden- broad definition
of interstate commerce
Buckley v. Valeo—ruled that a
candidate can use as much of their
money in their campaign –based
on 1st Amendment speech