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Obscenity is not protected by the 1st amendment
SC broadly interprets the I.8 to allow interstate
commerce to cover almost all forms of commercial
activity
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Establishes Judicial Review
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Separate but equal is inherently unequal
Establishes supremacy of the national government
against state government
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Declared Gun Free School Act unconstitutional – did
not fall under commerce clause
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The right to privacy give a woman the right to an
abortion in the first trimester of pregnancy
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Established Clear and Present Danger test for Free
Speech
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Incorporates 1st amendment to the states – it
overturns Baron v Baltimore
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Establishes a right to privacy
Case involved the banning of contraceptives
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Symbolic speech of students is protected
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Rights of the accused
Established the Miranda Rights
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Incorporates right to an attorney
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Incorporates 4th amendment search and seizure
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1833 – Bill of rights do not apply to the states.
Establishes “Actual Malice” Standard regarding
public officials

Freedom of Press – Prior Restraint – Censorship
(except in rare cases) is unconstitutional

Upheld federal spending limits
However spending money to influence an election is
a protected form of speech
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Flag burning is a form of symbolic speech and
protected by 1st amendment

Established the definition for obscene materials
the average person, applying contemporary
community standards, find, taken as a whole, appeal
to the prurient interest; that depict or describe, in a
patently offensive way, sexual conduct specifically
defined by applicable state law; and that, taken as a
whole, lack serious literary, artistic, political, or
scientific value
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Government directed prayer in schools violates
establishment clause – even if non-denomintational
and students can opt out

Establishes Lemon test
The government's action must have a secular
legislative purpose;
 The government's action must not have the primary
effect of either advancing or inhibiting religion;
 The government's action must not result in an
"excessive government entanglement" with religion
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Incorporates free exercise clause
Declared line-item veto unconstitutional - violated
separation of powers clause
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Establishes separate but equal doctrine
Congressional districts must be equal
Redistricting is not a political question thus can be
ordered by the courts
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Establishes the exclusionary rule
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4th amendment applies to public schools
Must have “reasonable suspicion”
Race may be taken into account when allowing
students to higher education institutions as long as it
is not the primary reason
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