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Research Paper
Chapter 19 Civil Liberties: First Amendment Freedoms
Chapter 20 Civil Liberties: Protecting Individual Rights
Chapter 21 Civil Rights: Equal Justice Under Law
This paper is designed to afford you the opportunity to research a selected United States Supreme Court
decision relative to the topic area of your choice. Listed on my web page on the school web site are the
court cases from each of the aforementioned chapters for your review. The attached Court Decision
Analysis Chart is not available on the site. Please use it to assist you in constructing your paper. This
Chart will be due no later than May 26, 2010. The Final Paper is due no later than June 2, 2010.
Please follow the following format in writing and constructing your paper.
1. General Background of the case including the facts as presented.
2. The Judicial Arguments. Be sure to include the arguments made by both sides.
3. What are the questions and points considered by the court.
4. What is the national political, social and economic situation during the time period in question?
Be sure to address why this case may have been brought before the court during this period.
5. Address the points made by the majority of the court as written by the Justice who wrote the
majority opinion. Include any concurring opinions and of course be sure to note any dissenting
opinion.
6. Most importantly what has been the short term and/or long term impact of the case on the court
system(federal, state and local) further be sure to assess the cases impact on the American
political, social and economic situations.
7. The paper should use Tahoma Font, 12 point type size, 1” margins top/bottom and left/right on
the page. Include a Cover Page, annotated bibliography and appendix if needed. The length of
the paper should be 5-7 pages.
Web Sites – The following web sites may be useful in researching and writing your paper. Also please go
to the Media Center Page on the school web site. Select eBook Reference Collection. Scroll to
Law/Government for sources that will be of use to you.
www.supremecourtus.gov
www.supremecourt.gov
www.uscourts.gov
www.scotusblog.com
www.oyez.org
www.billofrightsinstitute.org
www.landmarkcases.org
www.streetlaw.org
www.ohioweblibrary.org
Chapter 19 Civil Liberties: First Amendment Freedoms
Section One – The Unalienable Rights
Rights are Relative – Not Absolute
ApolloMedia Corporation v. United States, 1999
When Rights Conflict
Sheppard v. Maxwell, 1966
Modifying Effect of the 14th Amendment
Freedom of Speech – Gitlow . New York, 1925
Freeom of the Press – Near v. Minnesota, 1931
Freedom of Assembly and Petition – DeJonge v. Oregon, 1937
Free Exercise Clause – Cantwell v. Conecticut, 1940
Establishment Clause – Everson v. Board of Education, 1947
Unreasonable Search and Seizure – Mapp v. Ohio, 1962
Cruel and Unusual Punishments – Robinson v. California, 1962
Right to Counsel – Gideon v. Wainwright, 1963
Self-Incrimination – Malloy v. Hogan, 1964
Confront Witnesses – Pointer v. Texas, 1965
Speedy Trial – Klopfer v. North Carolina, 1967
Obtain Witnesses – Washington v. Texas, 1967
Trial by jury in criminal cases – Duncan v. Louisiana, 1968
Double jeopardy – Benton v. Maryland, 1969
Section Two – Freedom of Religion
Separation of Church and State
Pierce v. Society of Sisters, 1925
Religion and Education
Everson v. Board of Education, 1947 – New Jersey School Bus Case
McCollum v. Board of Education, 1948 – Released Time
Zorach v. Clauson, 1952
Abington School District v. Scempp, 1963 – Prayer and the Bible
Murray v. Curlett, 1963 – Prayer and the Bible
Stone v. Graham, 1980 – Prayer and the Bible
Wallace v. Jaffree, 1985 – Prayer and the Bible
Lee v. Weisman, 1992 – Prayer and the Bible
Santa Fe Independent School District v. Doe, 2000 – Prayer and the Bible
Westside Community Schools v. Mergens, 1990 – Student Religious Groups
Good News Club v. Milford Central School, 2001 – Student Religious Groups
Epperson v. Arkansas, 1968 – Evolution
Edwards v. Aguillard, 1987 – Evolution
Lemon v. Kurtzman, 1971 – LEMON TEST
Committee for Public Education and Religious Liberty v. Regan, 1980 – Lemon Test
Grand Rapids School District v. Ball, 1985 – Lemon Test
Bowen v. Kendrick, 1988 – Lemon Test
Zobrest v. Catalina Foothills School District, 1993 – Lemon Test
Mitchell v. Helms, 2000 – Lemon Test
Committee for Public Education and Religious Liberty v. Nyquist, 1973 – Lemon Test
Mueller v. Allen, 1983 – Lemon Test
Zelman v. Simmons-Harris, 2002 – Lemon Test (OHIO)
Other Establishment Clause Cases
Lynch v. Donnelly, 1984 – Seasonal Displays
County of Allegheny v. ACLU, 1989 – Seasonal Displays
Pittsburgh v ACLU, 1989 – Season Displays
Marsh v. Chambers, 1983 – Chaplains
The Free Exercise Clause
Reynolds v. United States, 1879
Jacobson v. Massachusetts, 1905 – Limits on Free Exercise
Bunn v. North Carolina, 1949 – Limits on Free Exercise
McGowan v. Maryland, 1961 – Limits on Free Exercise
Cox v. New Hampshire, 1941 – Limits on Free Exercise
Prince v. Massachusetts, 1944 – Limits on Free Exercise
Welsh v. United States, 1970 – Limits on Free Exercise
Goldman v. Weinberger, 1986 – Limits on Free Exercise
Lyng v. Northwest Indian Cemetery Protective Assoc., 1988 – Limits on Free Exercise
Oregon v. Smith, 1990 – Limits on Free Exercise
Locke v. Davey, 2004 – Limits on Free Exercise
Cantwell v. Connecticut, 1940 – Free Exercise Upheld
Watchtower Bible and Tract Society v. Village of Stratton, 2002 – Free Exercise Upheld(OHIO)
Wisconsin v. Yoder, 1972 – Free Exercise Upheld
United States v. Lee, 1982 – Free Exercise Upheld
McDaniel v. Paty, 1978 – Free Exercise Upheld
Sherbert v. Verner, 1963 – Free Exercise Upheld
Thomas v. Indiana, 1981 – Free Exercise Upheld
Hobbie v. Florida, 1987 – Free Exercise Upheld
Frazee v. Illinois, 1989 – Free Exercise Upheld
Lukumi Babalu Aye v. City of Hialeah, 1993 – Free Exercise Upheld
Minersville School Distric v. Gobitis, 1940 – Free Exercise Upheld
West Virginia Board of Education v. Barnette, 1943 – Free Exercise Upheld
Section Three – Freedom of Speech and Press
Free Expression
Schwimmer v. United States, 1929
Seditious Speech
Schenck v. United States, 1919 – The Sedition Act of 1917
Dennis v. United States, 1951 – The Smith Act of 1940
Yates v. United States, 1957 – The Smith Act of 1940
Obscenity
Roth v. United States, 1957
Miller v. California, 1973
Young v. American Mini Theaters, 1976
City of Renton v. Playtimes Theaters, 1986
Schad v. Borough of Mount Ephraim, 1981
City of Erie v. Pap’s A & M, 2000
United States v. American Library Association, 2003
Prior Restraint – censorship
Near v. Minnesota, 1931
Nebraska Press Association v. Stuart, 1976
New York Times v. United States, 1971 (Pentagon Papers Case)
Snepp v. United States, 1980
Greer v. Spock, 1976
Thornburgh v. Abbott, 1989
Hazelwood School District v. Kuhlmeier, 1988
The Media
Branzburg v. Hayes, 1972 – Confidentiality
Mutual Film Corporation v. Ohio, 1915 – Motion Pictures
Burstyn v. Wilson, 1952 – Motion Pictures
Red Lion Broadcasting Co. v. FCC, 1969 – Radio and Television
National Broadcasting Co. v. United States, 1943 – Radio and Television
FCC v. Pacifica Foundations, 1978 – Radio and Television
United States v. Playboy Entertainment Group, 2000 – Radio and Television
Symbolic Speech
Thornhill v. Alabama, 1940
United States v. O’Brien, 1968
Virginia v. Black, 2003
Tinker v. Des Moines School District, 1969
Buckley v. Valeo, 1976
Texas v. Johnson, 1989 – Flag Burning
United States v. Eichman, 1990 – Flag Burning
Commercial Speech
Bigelow v. Virginia, 1975
Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, 1976
44 Liquormart, Inc. v. Rhode Island, 1996
Greater New Orleans Broadcasting Ass’n v. United States, 1999
P. Lorillard Co. v. Reilly, 2001
Wooley v. Maynard, 1977
Section Four – Freedom of Assembly and Petition
Time-Place-Manner Regulations
Grayned v. City of Rockfor, 1972
Cox v. Louisiana, 1965
Coates v. Cincinnati, 1971 (OHIO)
Forsyth County v. Nationalist Movement, 1992
Public Property
Cox v. New Hampshire, 1941
Gregory v. Chicago, 1969
Madsen v. Women’s Health Services, Inc., 1994
Hill v. Colorado, 2000
Private Property
Lloyd Corporation v. Tanner, 1972
PruneYard Shopping Center v. Robins, 1980
Freedom of Association
National Association for the Advancement of Colored People v. Alabama, 1958
Boy Scouts of America v. Dale, 2000
Chapter 20 – Civil Liberties: Protecting Individual Rights
Section One – Due Process of Law
Meaning of Due Process
Davidson v. New Orleans, 1878
Rochin v. California, 1952
Pierce v. Society of Sisters, 1925
Police Power
Schmerber v. California, 1966
The Right of Privacy
Griswold v. Connecticut, 1965
Roe v. Wade, 1973
Webster v. Reproductive Health Services, 1989
Ohio v. Akron Center for Reproductive Health, 1990
Planned Parenthood of Southeastern Pennsylvania v. Casey, 1992
Stenberg v. Carhart, 2000
Section Two – Freedom and Security of the Person
13th Amendment
Jones v. Mayer, 1968
Runyon v. McCrary, 1976
Shaare Tefila Congregation v. Cobb, 1987
St. Francis College v. Al-Khazraji, 1987
Patterson v. McLean Credit Union, 1989
2nd Amendment The Right to Keep and Bear Arms
United States v. Miller, 1939
Security of Home and Person
Florida . J. L., 2000 – Probable Cause
Minnesota v. Carter, 1999 – Probable Cause
Lidster v. Illinois, 2004 – Probable Cause
Illinois v. Wardlow, 2000 – Arrests
Terry v. Ohi0, 1968 – Arrests
Brower v. Inyo County, 1989 – Arrests
Carroll v. United States, 1925 – Automobiles
California v. Acevedo, 1991 – Automobiles
Wyoming v. Houghton, 1999 – Automobiles
Nix v. Williams, 1984 – Exclusionary Rule
United States v. Leon, 1984 – Exclusionary Rule
Arizona v. Evans, 1995 – Exclusionary Rule
Maryland v. Garrison, 1987 – Exclusionary Rule
National Treasury Employees Union v. Von Raab, 1989 – Drug Testing
Skinner v. Federal Railway Labor Executives Association, 1989 – Drug Testing
Vernonia School District v. Acton, 1995 – Drug Testing
Board of Eucation of Pottowatomie County v. Earls, 2002 – Drug Testing
Olmstead v. United States, 1928 – Wiretapping
Katz v. United States, 1967 – Wiretapping
Section Three – Rights of The Accused
Ex parte Milligan, 1866 – Habeas Corpus
Duncan v. Kahanamoku, 1946 – Habeas Corpus
United States v. Lovett, 1946 – Bill of Attainder
United States v. Brown, 1965 – Bill of Attainder
Carmell v. Texas, 2000 – Ex post facto law
Benton v. Maryland, 1969 – Double Jeopardy
Kansas v. Hendrick, 1987 – Double Jeopardy
Seling v. Young, 2001 – Double Jeopardy
Barker v. Wingo, 1972 – Speedy Trial
Klopfer v. North Carolina, 1967 – Speedy Trial
Estes v. Texas, 1965 – Public Trial
Chandler v. Florida, 1981 – Public Trial
Duncan v. Louisiana, 1968 – Trial by Jury
One Lot Emerald Cut Stones and One Ring v. United States, 1972 – Trial by Jury
Strauder v. West Virginia, 1880 – Trial by Jury
Taylor v. Louisiana, 1975 – Trial by Jury
Georgia v. McCollum, 1992 – Trial by Jury
Gideon v. Wainwright, 1963 – Right to an Adequate Defense
Pointer v. Texas, 1965 – Right to an Adequate Defense
Washington v. Texas, 1967 – Right to an Adequate Defense
Escobedo v. Illinois, 1964 – Right to an Adequate Defense
Malloy v. Hogan, 1964 – Self-Incrimination
Schmerber v. California, 1966 – Self-Incrimination
Ashcraft v. Tennesse, 1944 – Self-Incrimination
Miranda v. Arizona, 1966 (MIRANDA WARNING/RULE)
Dickerson v. United States, 2000 – Miranda
Illinois v. Perkins, 1990 – Miranda
Missouri v. Seibert, 2004 – Miranda
Section Four – Punishment
Stack v. Boyle, 1951 – Bail
United States v. Salerno, 1987 – Preventive Detention
Cruel and Unusual Punishment
Robinson v. California, 1962
Wilkerson v. Utah, 1879
Louisiana v. Resweber, 1947
Lockyer v. Andrade, 2003
Estelle v. Gamble, 1976
Capital Punishment
Furman v. Georgia, 1972
Woodson v. North Carolina, 1976
Gregg v. Georgia, 1976
Coker v. Georgia, 1977
Atkins v. Virginia, 2002
Ring v. Arizona, 2002
Chapter 21 Civil Rights: Equal Justice Under Law
Section Two – Equality Before the Law
Michael M. v. Superior Court, 1981 – Rational Basis Test
Orr v. Orr, 1979 – Strict Scrutiny Test
Segregation in America
Plessy v. Ferguson, 1896
Gaines v. Canada, 1938
Brown v. Board of Education of Topeka, 1954
Alexander v. Holmes County Board of Education, 1969
Swann v. Charlotte-Mecklenburg Board of Education, 1971
Baltimore v. Dawson, 1955
Gayle v. Browder, 1956
Lee v. Washington, 1968
Loving v. Virginia, 1967
Palmore v. Sidoti, 1984
Classification by Sex
Bradwell v. Illinois, 1873
Hoyt v. Florida, 1961
Taylor v. Louisiana, 1975
Reed v. Reed, 1971
Craig v. Boren, 1976
United States v. Virginia, 1996
Rotary International v. Rotary Club of Duarte, 1987
New York State Club Association, Inc. v. City of New York, 1988
Frontiero v. Richardson, 1973
Kahn v. Shevin, 1974
Dothard v. Rawlinson, 1977
Rostker v. Goldberg, 1981
Regents of the University of California v. Bakke, 1978 – Reverse Discrimination
United Steelworkers v. Weber, 1979
Fullilove v. Klutznick, 1980
Richmond v. Croson, 1989
Johnson v. Transportation Agency of Santa Clara County, 1987
Adarand Constructors v. Pena, 1995
Gratz v. Bollinger, 2003
Grutter v. Bollinger, 2003
Section Four – American Citizenship
Chae Chan Ping v. United States, 1889 – Immigration
Fong Ye Ting v. United States, 1893 – Deportation
Delmore v. Kim, 2003 - Deportation