COURT CASE
Schenck v. U.S.
DATE
1919
ISSUE
Chaplinsky v. New Hampshire
1942
Dennis v. US
1951
Texas v. Johnson
1989
Walter Chaplinsky—Jehovah’s Witness used sidewalk as a pulpit and hurled
obscenities and fighting words at hecklers and police. SC ruled his speech was
“fighting words” and obscene—adopted two tier approach of controlled speech
Eugene Dennis leader of Communist Party US was convicted of plotting to
overthrow the US gov and in violation of the Smith Act (which made it illegal
to discuss or teach overthrowing the US gov). Affirmed clear and present
danger test
Flag burning—court ruled it was protected by 1st amend as symbolic speech
NY Times v. U.S.
1971
Prior Restraint—Times could publish stolen documents because they found out
after the fact
DeJonge v. Oregon
1937
Boy Scouts of America v. Dale
2000
Gitlow v. New York
1925
Oregon state law claimed no person could use or advocate unlawful means to
promote political or industrial change. Communist Dirk De Jonge beat the case
by arguing the due process cls of 14th amend. Was violated. De Jonge won.
1992 James Dale filed suit for not admitting homosexuals. Court ruled against
Dale 5-4 arguing Boy Scout’s freedom of speech was violated by NJ law that
prohibited sexual discrimination in public places
Selective incorporation—Gitlow could not advocate gov overthrow, but states
were not free to limit expression
Near v. Minnesota
1931
Selective incorporation of 1st amendment—Minn cannot prevent Near from
printing hate speech
Brandenburg v. Ohio
1969
Imminent lawless action test—KKK can spout hate speech so long as it is not
producing imminent lawless action
NY Times v. Sullivan
1964
Libel—NY Times printed false info about Al. officials—officials could not
prove actual malice
Engel v. Vitale
1962
1st amend Establishment clause—gov cannot favor one religion over another.
Prayer cannot be said in public schools
Lemon v. Kurtzman
1971
Zelman v. Simmons-Harris
2002
Penn.—could state funds be used to fund religious educational institutions? Did
that violate the 1st amend. Establishment clause?—yes—public ed. Must have
secular, legislative purposes
School vouchers—students could have choice in religious or secular private
schools
Distributing anti-draft literature—“clear and present danger test”—Schenk
argued 13th amend and 1st amend
Griswold v. Connecticut
1965
States cannot invade “privacy” and cannot ban birth control
Roe v. Wade
1973
“Right to Privacy” is extended to women
Bowers v. Hardwick/Lawrence v. Texas
1986/2003
Lawrence v. Texas reversed Bowers decision—said homosexuals had rights to
intercourse in private
Mapp v. Ohio
1961
Illegal search and seizure (4th)—police cannot use evidence obtained outside a
warrant for prosecution
Gideon v. Wainwright
1963
Right to counsel (6th)—courts need to provide attorneys for poor defendants
Miranda v. Arizona
1966
Self-incrimination and counsel (5-6) –Miranda is guaranteed right to have rights
read
Tinker v. Des Moines
1968
Missouri v. Siebert
2004
Was forcing students to not wear peace signs a violation of free speech?
Schools imply limits on freedom of speech, but principals failed to explain the
threat.
Self-incrimination—police can’t question and then read rights and repeat
Hudson v. Michigan
2006
Court struck down “knock and announce rule-5-4 decision. Ruling not based on
constitution
Atkins v. Virginia/Roper v. Simmons
2002/2005
Cruel and unusual punishment: No death penalty for mentally handicapped/No
juvenile death penalty
Hamdi v. Rumsfeld
2004
Guantanamo detainees could contest their detention—grounds that prison was
in US court jurisdiction
Hamdan v. Rumsfeld
2006
Military tribunals are unconstitutional—Prez cannot ignore US and int’l law
D.C. v. Heller
2008
Can a local municipality limit the ownership of guns?5-4 decision—no