Supreme Court Cases for this unit
Incorporation
*Barron v. Baltimore (1833)
*Gitlow v. New York (1925)
Near v. Minnesota (1931)
Freedom of Religion: Establishment Clause
Everson v. Board of Education (1942)
*Lemon v. Kurtzman (1971)
*Engle vs. Vitale
Freedom of Religion: Free Exercise Clause
Reynolds v. United States (1879)
Employment Division, Department of Human Resources of Oregon v. Smith (1990)
Freedom of Speech and Press
*Schenck v. United States (1919)
*Gitlow v. New York (1925)
Near v. Minnesota (1931) Press
*Tinker v. Des Moines Independent Community School District (1969) Expression in School
*New York Times Co. v. U.S. (1971) Press
Miller v. California (1973) Press
Hazelwood School District v. Kuhlmeier (1988) Press at School
Texas v. Johnson (1989) Freedom of Expression
Freedom of Assembly and Petition
Dejonge vs. Oregon 1934
National Socialist Party of America vs. Skokie 1977
Due Process and the Rights of the Accused
*Mapp v. Ohio (1961)
*Gideon v. Wainwright (1963)
*Miranda v. Arizona (1966)
Death Penalty cases: Furman v. Georgia (1972) and Gregg v. Georgia (1976)
Equal Protection of the Laws – Minorities
*Plessy v. Ferguson (1896)
*Korematsu v. United States (1944)
*Brown v. Board of Education of Topeka (1954)
*Regents of the University of California v. Bakke (1978)
Lawrence v. Texas (2003)
Grutter v. Bollinger (2003) and Gratz v. Bollinger (2003)
Equal Protection of the Laws – Women and the Rights to Privacy and Abortion
*Griswold v. Connecticut (1965)
Reed v. Reed (1971)
*Roe v. Wade (1973)
Planned Parenthood v. Casey (1992)
* indicates you should know this case by name (I have seen them on an AP Exam).
Shorthand name such as Plessy or Bakke is fine. For the other cases, knowing them by
name would be ideal, but is not required. The important task is to understand the cases
and their ramifications.
Civil Rights/Civil Liberties
1.
2.
3.
4.
5.
Civil Libertiesa.
Bill of Rights
i. What Led to a Swift Adoption of the Bill of Rights?
b. Selective Incorporation
i. Barron v. Baltimoreii. 14th Amendment 1. ______ 2_____________ 3_______________
1. Equal Protection
2. Due Process
iii. Gitlow vs. New York
1. Definition of Selective Incorporation
c.
Freedom of Religion
i. Two Clauses
1. ______________________
2. ______________________
d. Freedom of Speech
i. Clear and Present Danger Test
ii. Libel and Slander
iii. Obscenity
iv. Symbolic Speech
1. Flag Burning
v. Prior Restraint
1. Real World
2. School
e.
Freedom of Assembly
i. Dejonge v. Oregon
ii. Skokie Case
f.
Freedom of Expression for Students
i. Tinker vs. Des Moines
g. Rights of the Accused
i. 4th Amendment….Exclusionary Rule
ii. 5th Amendment
1. Miranda Rights
iii. 6th Amendment Right to Counsel
1. __________________
2. __________________
iv. Right to Privacy
1. Griswold vs. Connecticut
2. Roe v. Wade
Civil Rights History
a.
Dred Scott- Freed Slaves were not citizens of the United States…Later Repealed
b. 13th, 14th, and 15th Amendments
c.
Plessey v. Ferguson
i. Overturned by Brown v. Board…14th Amendment
Civil Rights Movement
a.
Civil Rights Act of 1964
i. Ended De Jure Segregation (Segregation in businesses/hotels, employment(race, color, religion,
national origin, and sex)
ii. Constitutionally upheld by the ________________________________
b. Voting Rights Act of 1965
i. Why was this needed?
Women’s Civil Rights
a.
Seneca Falls Convention
i. Called for the abolition of legal, economic, and social discrimination against women
1. Led 19th Amendment
2. Equal Rights Amendment (ERA)
3. Reed v. Reed
a.
Automatically preferring a bro to a sis violated the 14th amendment
b. New way for judging sexual discrimination cases
Affirmative Action
a.
UC. California v. Bakke
i. Quotas based on Race for admission to college is unconstitutional
ii. Grutter v. Bollinger- Upheld the Bakke decision, Quota=Bad, but race could be a consideration on
admissions policy
iii. Gratz v. Bollinger
1. Outlawed a system that awarded applicants 20 or 100 points based on Race
Race is not the determining factor in college admissions; however, it can be a general factor in the admission process. Colleges
argue a more diverse college presents a better college experience for its student.