Court Case Bonanza!
For the AP Exam you’ll need to know the following court cases related to civil liberties and civil rights.
These cases are known to show up in both the multiple choice and free response sections. This
activity is designed to support your learning as far as you want to take it. Should you decide to simply
memorize these rulings in flash-card fashion for short term test regurgitation, you’ll find this tool
helpful. On the other hand, there are some features here that will support those nerds who choose to
go the extra mile and actually (…pause for effect) “learn” these cases.
Instructions:
Read, and commit to memory, the ruling on each case. You may find it helpful to follow the hyperlinks
in the left-hand column which take you to www.oyez.org, a fabulous resource on the United States
Supreme Court. Here you’ll have the opportunity to read more about the background of the case, and
the rationale behind the Court’s opinion. The true nerds may even click around a bit and listen to
audio files of the oral arguments of the actual case! Generally, the more you can see each case as a
“story,” the better the learning will stick.
After you’ve explored a bit on the case itself, you’ll head over to the web to conduct an image search.
Look for any image/icon, or even a collection of images, that would help trigger the memory of this
case (remember: finding an image of a lemon won’t help you remember the ruling in Lemon v. Kurtzman,
1971). Paste these images in the image column and then begin studying your cases. Eventually, we’ll
convert this Word doc into a collection of flashcards, but wait for your teacher’s instructions on that.
This completed document is due on the MONDAY we return from Spring Break. Finally, be
advised: this is an individual assignment; final products that appear strikingly similar will receive
zeros.
Example:
Court Case Ruling Image
Texas v. U.S. Supreme Court Protects flag burning as
Johnson, 1989 “symbolic speech”
Paste a related &
Follow the link in memorable image here
this column to learn for later use in a “visual
more about the case! flashcard!”
Court Case Ruling Image
Question of Incorporation
Barron v. Baltimore, 1833 Claims that the Bill of Rights protections DO NOT apply to
intrusions by state governments.
Gitlow v. New York, 1925 By incorporating the Bill of Rights into the 14th Amendment,
it overturns precedent in claiming the Bill of Rights DOES
apply to state governments.
Freedom of Religion
(Establishment Clause)
School Dist. Of Abington v. Strikes down practice of school-sponsored Bible reading as a
Schempp, 1963 violation of the establishment clause.
Engle v. Vitale, 1962 Strikes down an involuntary, non-denominational prayer at
the beginning of the school day as a violation of the
establishment clause.
Lemon v. Kurtzman, 1971 Establishes a test to determine whether federal funding to
parochial schools violates the establishment clause.
Wallace v. Jaffree, 1985 Strikes down an Alabama law that allowed teachers to
conduct religious prayer services and activities during the
school day.
Elk Grove School Dist v. Dismisses a case challenging the constitutionality of the
Newdow, 2003 phrase “One Nation Under God” in the Pledge of Allegiance.
Freedom of Religion
(Exercise Clause)
Reynolds v. U.S., 1878 Rules that religious duty is not sufficient defense against
criminal charges of polygamy (First Amendment does not
protect polygamy as a religious practice).
Wisconsin v. Yoder, 1972 The Court ruled that Amish adolescents could be exempt
from a state law compelling school attendance
Church of the Lukumi The Court found laws passed by four Florida cities banning
Babalu v. Hialeah, 1993 animal sacrifice were targeted at the Santeria religion, which
employs animal sacrifice in prayer, and as such the laws were
unconstitutional.
Van Orden v. Perry, 2005 A Ten Commandments monument on the grounds of a state
capitol building does not violate the First Amendment's
establishment clause because "simply having religious
content or promoting a message consistent with a religious
doctrine does not run afoul of the establishment clause."
Freedom of Speech
(and Expression)
Miller v. California, 1973 Establishes a test for local authorities to define the nature of
“obscenity.”
Virginia v. Black, 2003 Declares cross burning is protected by the First Amendment
as long as the act does not have the intent to intimidate.
Schenk v. US, 1919 Declares speech will NOT be protected if it creates a “clear
and present danger.”
Bethel v. Fraser, 1988 Declares student speech is NOT protected by the First
Amendment if it lacks value and is “disruptive of learning.”
Tinker v. Des Moines, 1968 Protects “symbolic speech” of students protesting with
armbands.
Texas v. Johnson, 1989 Protects flag burning as “symbolic speech”
Near v. Minnesota, 1931 Declares “prior restraint” unconstitutional; that is,
governments cannot suppress or regulate speech before it is
given.
Morse v. Frederick, 2007 Upholds the authority of public school administrators to
suspend students for promoting illegal drugs at a school event
(“Bong Hits for Jesus”).
Freedom of Press
NY Times v. Sullivan, 1964 Requires proof of “malicious intent to harm” in order to prove
libel against news organizations.
Hazelwood v. Kuhlmeier, Upholds the authority of public school administrators to
1987 censor student newspapers since they are tools for learning –
not forums of free expression.
Freedom of Assembly
Boy Scouts of America v. Upholds the Boy Scouts authority as a private institution to
Dale, 2000 exclude Dale on the basis of his homosexuality (ignoring New
Jersey public accommodation law).
Village of Skokie v. The Supreme Court ruled that the National Socialist (Nazi)
National Socialist Party, Party could not be prohibited from marching peacefully,
1978 or (Wikipedia) simply because of the content of their message.
Search &
Seizure/Privacy
New Jersey v. TLO, 1984 Permits school officials to search student property with
standard of “reasonable suspicion.”
Griswold v. Connecticut, “Though the Constitution does not explicitly protect a
1965 general right to privacy…together, the First, Third, Fourth,
and Ninth Amendments, create a new constitutional right,
the right to privacy in marital relations.”
Planned Parenthood v. Casey, Upholds mandatory waiting period and parental consent for
1992 abortion, but strikes down spousal notification.
Roe v. Wade, 1973 Establishes a woman’s right to choose an abortion and creates
guidelines for the states according to trimesters.
Mapp v. Ohio, 1961 Establishes the “exclusionary rule,” stating that illegally
obtained evidence is inadmissible in court.
Veronia School Dist. V. Upholds right of public school administrators to conduct
Acton, 1995 random drug tests (urinalysis) to student athletes.
Death Penalty
Gregg v. Georgia, 1976 Upholds the constitutionality of capital punishment.
Stanford v. Kentucky, 1989 Upholds the constitutionality of capital punishment for
minors.
Ropers v. Simmons, 2005 The Courts determined the execution of a minor violates the
“cruel and unusual punishment” provision of the 8th
Amendment. Overturns Stanford v. Kentucky, 1989.
Due Process
Gideon v. Wainwright, 1963 Protects the right of the accused person to have an attorney
provided free of charge.
Escobedo v. Illinois, 1964 Establishes for the first time the absolute right to remain
silent and have counsel present during questioning (based on
6th Amendment)
Miranda v. Arizona, 1966 Requires authorities to notify people of their rights to silence
and counsel upon arrest (based on 5th Amendment).
Rasul v. Bush, 2002 Declares U.S. court system has jurisdiction to consider legal
appeals by foreign nationals (non-citizens) imprisoned at
Guantanamo Bay Naval Base.
Hamdan v. Rumsfeld, 2006 Declares that enemy combatants have habeas corpus rights,
and international rules of war (Geneva Convention) may be
enforced in U.S. federal court
Kelo v. City of New London, Based on a broader interpretation of “public use” this case
2005 upholds the power of city governments to take private
property for the purpose of selling it off to private developers.
Discrimination
Plessy v. Ferguson, 1896 Upholds the doctrine of “separate but equal” in public
facilities.
Brown v. Board of Education, Strikes down the doctrine of “separate but equal” in public
1954 schools, claiming that separate is inherently unequal.
University of Cal. Regents v. Upholds the use of race as a determining factor in graduate
school admissions, but strikes down the notion of minimum
Bakke, 1978 racial “quotas.”
Gratz v. Bollinger, 2003 Struck down the University of Michigan’s heavy use of racial
preferences in undergraduate admissions.
United States v. Virginia, Under the 14th Amendment’s Equal Protection Clause the
1996 Court held that Virginia Military Institute’s male-only
admissions policy was unconstitutional.
Baker v. Carr, 1962 Establishes the principle of “one man, one vote,” by declaring
that legislative districts must be as near as possible in
population (protects against aggressive gerrymandering).
Lawrence v. Texas Strikes down state laws banning homosexual activity as
unconstitutional violations of the right to privacy. Overturns
Bowers v. Hardwick, 1986.