Important Cases found on Previous AP Tests 1st Amendment court


Important Cases found on Previous AP Tests



Amendment court cases

1. Tinker v Des Moines - Dress codes

2. Gitlow v. N.Y. - Incorporation Doctrine

3. Lemon v. Kurtzman - Aid to churches follows set guidelines

4. Engel v. Vitale - Prayer in schools is unconstitutional

5. School District of Abington Township v. Pennsylvania v. Schempp - Prayer violates establishment clause

6. Near v. Minnesota (1931) - No prior restraint censorship

7. Schneck v. U.S. (1919) – Government could restrict inflammatory rhetoric

8. Brandenburg v. Ohio - Can incite without lawless action

9. Reynolds v. US (polygamy and Mormon church) State prevails

10. Roth v. U.S. - Obscenity cannot be protected by the 1st

11. Miller v. California - Community standards sets Obscenity but what is lewd or offensive?

12. N.Y. Times v. Sullivan - Malice

13. Texas v. Johnson - Flag burning is symbolic speech

14. Oregon v. Smith - Drug use. Laws prevail

15. U.S. v. Playboy Entertainment Group - Target block v. ban

16. Red Lion v. FCC – Government can restrict broadcasts.

17. Reno v. ACLU - 1st Amendment applies to internet

18. Ashcroft v. ACLU – US must use filtering software for porn

19. NY Times v. US (1971) - Pentagon papers can be published. No prior restraint

20. DeJonge v. Oregon (1937) - Invalidated state laws Freedom of Assembly

Other Amendments:

21. Mapp v. Ohio- Exclusionary rule holds for states too.

22. Miranda v. Arizona - Police questioning of suspects

23. Jacobson v. U.S. - Is it or is it not entrapment

24. Gideon v. Wainright - Felony charged defendants need counsel

25. Betts v. Brady - Only capital punishment defendants get counsel

26. Fuhrman v. Georgia - Sentencing too random, but capital punishment is OK

27. Harmelin v. Michigan - Severity is not necessarily cruel

28. Gregg v. Georgia - Capital Punish is severe, but not cruel

29. McGlesky v. Kemp - Capital Pun does not violate 14th Amend

30. Griswold v. Connecticut - Privacy issue over birth control 9th

31. Roe v. Wade - Trimester ruling unleashed abortion issue

32. Webster v. Reproductive Health Services - States can control who performs abortions, i.,e. state employees

33. Rust v. Sullivan - No federal funds for planning abortions

34. Planned Parenthood v. Casey - Abortions can be regulated

35. Sternberg v. Carhart - Partial birth abortion is legal

36. Cruzan v. Director, Missouri Department of Health - Patients can refuse medical treatment

(Informed Suicide)

37. Board of Education v. Earls –Drug Testing is not unreasonable search.

38. US v. Drayton et al – Weakened exclusionary rule without empowering police

39. Atkins v VA. - Outlawed death penalty for mentally retarded.

40. Hamdi v. Rumsfeld - Security conditions do not revoke a captured combatant’s rights to redress his/her grievances.

41. District of Columbia v. Heller Right to bear arms 2 nd

Amendment; city cannot forbid weapons.

42. Ring v. AZ., Juries must deliver death sentences.

43. Kyllo v. US - High Tech surveillance needs a warrant

44. Dickerson v. US – Cannot undermine Miranda. It is a constitutional rule

45. VRA (1965) - Puerto Ricans can register to vote even if they cannot speak

46. Hernandez v. Texas (1953) - Local judicial administrators could not exclude Latinos from juries

47. Miranda v Arizona (1965) - Rights have to be made known (for all people, but Hispanics are more likely to have language issues)

48. San Antonio Independent School District v Rodriguez (1972) - The Equal Protection Clause does not require equal funding among school districts, even when the poor districts are heavily


49. Espinoza v Farah Manufacturing Company (1973) - CRA does NOT prevent companies from higher illegal aliens

50. Plyler v Doe (1981) - Overturned TX law that forbade giving children of illegal aliens an education

51. INS v Caroza-Fonseca (1986) - Improve the ability of political refugees to seek political asylum in the United States

52. US v. Verdugo-Urquidez (1989) - The Fourth Amendment does not apply to a Mexican national’s property in Mexico, even though American agents conducted the search

53. Johnson v. Degrandy (1993) - The Court sided with the Florida legislature’s refusal to create majority-Latino state legislative districts

54. US v. Brigoni-Ponce (1999) - Border patrol cannot simply pull you over based on what you look like

55. Alexander v. Sandoval (2000) - Alabama may continue to give the driver’s license examinations only in English


Regents of U of California v. Bakke (1978) – Race can be a factor in decisions, but it cannot be THE deciding factor.

57. McDonald v Chicago (2009) – 2 nd

Amendment applies to states, but only for self-protection.

(Still not fully incorporated)

Women’s Rights/Cases

- Reed v. Reed (1971)

- Orr v. Orr (1978)

- Civil Rights Act of 1972

- Rostker v. Goldberg (1981)

- The Equal Rights Amendment

- Title IX legislation