Apgov/pol Aclu And Other Cases

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But the ACLU's first Supreme Court landmark established that the 14th Amendment "incorporates" the First Amendment's free speech clause and therefore applies to the states

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1925 Gitlow v. New York

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Suspending public school students for wearing black armbands to protest the Vietname War was unconstitutional since students do no "shed their constutitional rights to freedom of speech or expression at the school-house gate"

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1969 Tinker v. Des Moines

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A state law under which a man was convicted for burning the American flag to protest the assassination of civil rights leader Medgar Evans was unconstitutional

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1969 Street v. New York

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The Court struck down Congress' Communications Decency Act, which was an attempt to censor the Internet by banning "indecent" speech, ruling that "the interest in encouraging freedom of expression in a democratic society outweighs any theoretical but unproven benefic of censorship"

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1997 Reno v. ACLU

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The Court blocked enforcement of the Child Online Protection Act. Adopted by Congress in 1998, the Act criminalizes sexually explicit speech on the Internet that is "harmful to minors", but does so in a manner that effectively deprives adults of access to constitutionally protected material

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2003 Ashcroft v. ACLU

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The Fourth Amendment's Exclusionary Rule- barring the introduction of illegally seized evidence in a criminal trial- first applied to federal law enforcement officers in 1941, applied to states and local police as well

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1961 Mapp v. Ohio

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A indigent drifter from Florida made history when, in handwritten petition, he persuaded the Court that poor people charged with a felony had the right to a state-appointed lawyer

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1963 Gideon v. Wainwright

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The Court held that a suspect in police custody has a Sixth Amendment right to counsel and a Fifth Amendment right against self-incrimination, and established the "Miranda warnings" requirement that police inform suspects of their rights before interrogating them

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1966 Miranda v. Arizona

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In striking down the New York State Regent's "nondenominational" school prayer, the Court declared, "it is no part of the business of government to compose official prayers"

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1962 Engel v. Vitale

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Alabama's "moment of silence" law which required public school children to take a moment for "meditation or voluntary prayer" violated the First Amendment's Establishment Clause

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1985 Wallace v. Jaffree

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Declared racially segregated schools unconstitutional, wiping out the "separate but equal" doctrine

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1954 Brown v. Board of Education

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Stuck down a state law that gave automatic preference to men over women as administrators of decedent's estates. First gender-based ruling

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1977 Reed v. Reed

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Invalidated a Connecticut law forbidding the use of contraceptives on the ground that a right of "marital privacy" though not specifically guaranteed in the Bill of Rights, is protected by "several fundamental constitutional guarantees"

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1965 Griswold v. Connecticutt

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Recognizing a woman's constitutional right to terminate a pregnancy, erased all existing criminal abortion laws.

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1973 Roe v. Wade

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Public officials cannot recover damages for defamation unless they prove a newspaper impugned them with "actual malice"

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1964 New York Times v. Sullivan

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Enjoining the press from publishing the Pentagon Papers, leaked by a former Defense Department official, was an unconstitutional prior restraint which was not justified by national security interests

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1971 US v. New York Times

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the first case in which the Court overturned a state law on constitutional law

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Fletcher v. Peck (1810)

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The court ruled that the states did not have the power to tax the national bank (and, by extension, the federal government)

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McCullough v. Maryland (1819)

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The court ruled that the state of New York could not grant a steamship company a monopoly to operate on an interstate waterway, even though the waterway ran through New York

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Gibbons v. Ogden (1824)

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speech which evokes "a clear and present danger" is not permissible

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Schneck v. US (1919)

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gave public school officials the authority to suspend students for speech considered to be lewd or indecent

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Bethel School District v. Fraser (1986)

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if not lying and it is about a public official, the intentional infliction of emotional distress is constitutional

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Hustler Magazine v. Falwell (1988)

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burning the American flag is an example of permissible free speech

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Texas v. Johnson (1989)

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selectively incorporates freedom of the press and prevents prior restraint

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Near v. Minnesota (1931)

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the Court held that school officials have sweeping authority to regulate free speech in student run newspapers

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Hazelwood School v. Kuhlmeier (1988)

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labor union strikes are constitutional

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Thornhill v. Alabama (1904)

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held that cities and towns could legitimately require parade permits in the interest of public order

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Cox v. New Hampshire (1941)

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protesters have substantially fewer assembly rights in malls and other private establishments

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Lloyd Corporation v. Tanner (1972)

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private organizations have a right under the first amendment to ban gay members

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Boy Scouts of America v. Dale (2000)

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prohibited state-sponsored recitation of prayer in public schools

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Engel v. Vitale (1962)

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forbids state-mandated reading of the Bible, or recitation of the Lord's Prayer in public school

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Abington School District v. Schempp (1963)

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prohibited states from banning the teaching of evolution in public schools

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Epperson v. Arkansas (1968)

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established the three-part religion test for the government

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Lemon v. Kurtzman (1971)

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parent may remove children from public school for religious reasons

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Wisconsin v. Yoder (1972)

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may accomodate illegal actions done in pursuit of religious beliefs, but they don't have to

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Employment Division v. Smith (1990)

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established the exclusionary rule

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Weeks v. US (1914)

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state governments must provide counsel in cases involving death penalty to those who can't afford it

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Powell v. Alabama (1932)

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state governments did not have to provide lawyers to indigent defendants in capital cases

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Betts v. Brady (1942)

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any defendant who asked for a lawyer would get one, and any confession afterward would be okay to use in court

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Escobedo v. Illinois

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established the "separate but equal" doctrine

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Plessy v. Ferguson (1896)

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What was the ruling of the 2nd Brown v. Board of Education

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desegregate "with all due and deliberate speed"

Front 42

quotas requiring a set amount of minorities is unconstitutional
affirmative acition is okay but only if creating greater diversity

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Regents of the University of California v. Bakke

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Commerce Clause of the Constutition does not give Congress the power to regulate guns near state-operated school

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United States v. Lopez