AP Government - Key Supreme Court Cases for Civil Liberties and Civil Rights, Chapters 4 and 5

Gonzales v. Carhart (Apr 18, 2007) Fact-

Upheld by the U.S. Supreme Court, prohibiting a form of term abortion that is similar to the Nebraska act

McConnell v. Federal Election Commission (Dec 10, 2003) Fact- The campaign finance reform bill contained an unusual provision providing for an early federal trial and a direct appeal to the Supreme Court of the United States, by-passing the typical federal judicial process. In May a special three-judge panel struck down portions of the Campaign Finance Reform Act's ban on soft-money donations but upheld some of the Act's restrictions on the kind of advertising that parties can engage in.

Banned the use of "soft" money by national party committees and by state and local parties affecting federal elections.

*Brandenburg v. Ohio (Jun 9, 1969) Fact- Brandenburg, a leader in the Ku Klux Klan, made a speech at a Klan rally and was later convicted under an Ohio criminal syndicalism law.

Determined that a law that proscribes advocacy of violence for political reform is constitutional if applied to speech that is not directed toward producing imminent lawlessness and is not likely to produce such action is not constitutional.

McCulloch v. Maryland (Mar 6, 1819) Fact- In 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank.

Established a broad view of the commerce clause when a federal Steamboat license trumped a New York state license.

Gitlow v. New York (Jun 8, 1925) Fact- Gitlow, a socialist, was arrested for distributing copies of a "left-wing manifesto" that called for the establishment of socialism through strikes and class action of any form.

Established precedent of federalizing Bill of Rights (applying them to States); States cannot deny freedom of speech - protected through due process clause of Amendment 14. First time the Supreme Court applied a state case to the bill of rights, known as the incorporation doctrine.

Dred Scott v. Sanford (Mar 6, 1857) Fact- Dred Scott was a slave in Missouri, from 1833 to 1843, he resided in Illinois and in an area of the Louisiana Territory.

Held portions of the Missouri Compromise unconstitutional in violation of the Fifth Amendment, treating Scott as property, not as a person.

Shaw v. Reno (Jun 28, 1993) Fact- No racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.

*Miller v. California (Jun 21, 1973) Fact- Miller, after conducting a mass mailing campaign to advertise the sale of "adult" material, was convicted of violating a California statute prohibiting the distribution of obscene material.

Obscene materials are not protected by the First Amendment, but the definition of "obscene material" is lessened.

*Planned Parenthood v. Casey (Jun 29, 1992) Fact- The Pennsylvania legislature amended its abortion control law in 1988 and 1989. Among the new provisions, the law required informed consent and a 24 hour waiting period prior to the procedure.

Pennsylvania was allowed to limit abortions as long as they did not pose 'an undue burden' on pregnant women.

*Tinker v. Des Moines Independent Community School District (Feb 24, 1969) Fact- In December 1965, a group of students in Des Moines held a meeting in the home of 16-year-old Christopher Eckhardt to plan a public showing of their support for a truce in the Vietnam war. They decided to wear black armbands throughout the holiday season and to fast on December 16 and New Year's Eve.

Protected by the First Amendment; defined the constitutional rights of students in U.S. public schools; students can wear what they want as long as it is not considered disruptive.

*Hazelwood School District v. Kuhlmeier (Jan 13, 1988) Fact- The Spectrum, the school-sponsored newspaper of Hazelwood East High School, was written and edited by students.

Public school officials can censor school-sponsored newspapers, because the newspapers are part of the school curriculum rather than a forum for public expression.

*Texas v. Johnson (Jun 21, 1989) Fact- In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag desecration.

Ruled that a person has a constitutional right to burn the american flag.

US Term Limits, Inc. v. Thornton (May 22, 1995) Fact- On November 3, 1992, Arkansas voters adopted Amendment 73 to their State Constitution.

States cannot impose qualification for prospective members of congress stricter than those in congress (no state term limits)

Adarand Constructors v. Pena (Jun 12, 1995) Fact- Adarand, a contractor specializing in highway guardrail work, submitted the lowest bid as a subcontractor for part of a project funded by the United States Department of Transportation.

Supreme Court decision holding that federal programs that classify people by race, even for an ostensibly benign purpose such as expanding opportunities for minorities, should be presumed to be unconstitutional.

Korematsu v. United States (Dec 18, 1944) Fact- During World War II, Presidential Executive Order 9066 and congressional statutes gave the military authority to exclude citizens of Japanese ancestry from areas deemed critical to national defense and potentially vulnerable to espionage. Korematsu remained in San Leandro, California and violated Civilian Exclusion Order No. 34 of the U.S. Army.

The 1944 decision upholding the constitutionality of more than 100,000 Americans of Japanese descent being held in encampments.

*Brown v. Board of Education of Topeka I and II (May 17, 1954) Fact- This case was the consolidation of four cases arising in separate states relating to the segregation of public schools on the basis of race. In each of the cases, African American minors had been denied admittance to certain public schools based on laws allowing public education to be segregated by race.

The 1954 Supreme Court case that held "separate but equal is inherently unequal" and marked the end of legal segregation. This was found using the 14th Amendment's Equal Protection Clause. It reversed the decision made in Plessy v Ferguson.

*Regents of the University of California v. Bakke (Jun 26, 1978) Fact- Allan Bakke, a thirty five year old white man, had twice applied for admission to the University of California Medical School at Davis. He was rejected both times. The school reserved sixteen places in each entering class of one hundred for "qualified" minorities, as part of the university's affirmative action program, in an effort to redress longstanding, unfair minority exclusions from the medical profession.

The 1978 case holding that state universities couldn't admit less qualified individuals solely based on race. Affirmative action is still ok, but it can't be the only reason someone is admitted.

Buckley v. Valeo (Jan 30, 1976) Fact- In this case the 1st Amendment protects campaign spending; legislatures can limit contributions, but not how much one spends of his own money on campaigns.

The Court Upheld a federal law which set limits on campaign contributions, but ruled that spending money to influence elections is a form of constitutionally protected free speech, and struck down portions of the law.

*Mapp v. Ohio (Jun 19, 1961) Fact- Dollree Mapp was convicted of possessing obscene materials after an admittedly illegal police search of her home for a fugitive. She appealed her conviction on the basis of freedom of expression.

The Court brushed aside the First Amendment issue and declared that "all evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court." Mapp had been convicted on the basis of illegally obtained evidence. This was an historic -- and controversial -- decision. It placed the requirement of excluding illegally obtained evidence from court at all levels of the government. The decision launched the Court on a troubled course of determining how and when to apply the exclusionary rule.

U.S. v. Nixon (1973) Fact-

The Court decided that the President must hand over incriminating tapes because Presidential power is not above the law.

Wesberry v. Sanders (Feb 17, 1964) Fact- This case ordered House districts to be as near equal in population as possible, it was extension of Baker v. Carr to Congressional districts.

The Court decision saying districts must reflect population. 1 person = 1 vote.

*United States v. Leon (Jul 5, 1984) Fact- Leon was the target of police surveillance based on an anonymous informant's tip. The police applied to a judge for a search warrant of Leon's home based on the evidence from their surveillance. A judge issued the warrant and the police recovered large quantities of illegal drugs. Leon was indicted for violating federal drug laws.

The Court established that evidence obtained in good faith by police relying upon a search warrant that subsequently is found to be deficient may be used in a criminal trial.

*Bethel School District No. 403 v. Fraser (Jul 7, 1986) Fact- At a school assembly of approximately 600 high school students, Matthew Fraser made a speech nominating a fellow student for elective office. In his speech, Fraser used what some observers believed was a graphic sexual metaphor to promote the candidacy of his friend. As part of its disciplinary code, Bethel High School enforced a rule prohibiting conduct which interferes with the educational process including the use of obscene, profane language or gestures.

The Court found that it was appropriate for the school to prohibit the use of vulgar and offensive language.

*Employment Division of Oregon v. Smith (Apr 17, 1990) Fact- Two Native Americans who worked as counselors for a private drug rehabilitation organization, ingested peyote a powerful hallucinogen as part of their religious ceremonies as members of the Native American Church.

The Court has never held that an individual's religious beliefs excuse him from compliance with an otherwise valid law prohibiting conduct that government is free to regulate. Allowing exceptions to every state law or regulation affecting religion "would open the prospect of constitutionally required exemptions from civic obligations of almost every conceivable kind." Scalia cited as examples compulsory military service, payment of taxes, vaccination requirements, and child-neglect laws.

Good News Club v. Milford (Jun 11, 2001) Fact- Under New York law, Milford Central School policy authorizes district residents to use its building after school for certain activities. Stephen and Darleen Fournier were district residents eligible to use the school's facilities.

The Court held that "Milford's restriction violates the Club's free speech rights and that no Establishment Clause concern justifies that violation." "When Milford denied the Good News Club access to the school's limited public forum on the ground that the Club was religious in nature, it discriminated against the Club because of its religious viewpoint in violation of the Free Speech Clause of the First Amendment," wrote Justice Thomas.

*Lee v. Weisman (Jun 24, 1992) Fact- In keeping with the practice of several other public middle and high school principals in Providence, Rhode Island, Robert E. Lee, a middle school principal, invited a rabbi to speak at his school's graduation ceremony.

The Court held that government involvement in this case creates "a state-sponsored and state-directed religious exercise in a public school.

Wisconsin v. Yoder (May 15, 1972) Fact- Jonas Yoder and Wallace Miller, both members of the Old Order Amish religion, and Adin Yutzy, a member of the Conservative Amish Mennonite Church, were prosecuted under a Wisconsin law that required all children to attend public schools until age 16.

The Court held that individual's interests in the free exercise of religion under the First Amendment outweighed the State's interests in compelling school attendance beyond the eighth grade. In the majority opinion by Chief Justice Warren E. Burger, the Court found that the values and programs of secondary school were "in sharp conflict with the fundamental mode of life mandated by the Amish religion," and that an additional one or two years of high school would not produce the benefits of public education cited by Wisconsin to justify the law.Justice William O. Douglas filed a partial dissent but joined with the majority regarding Yoder.

*Santa Fe School Independent School District v. Doe (Jun 19, 2000) Fact- Prior to 1995, a student elected as Santa Fe High School's student council chaplain delivered a prayer, described as overtly Christian, over the public address system before each home varsity football game.

The Court held that the District's policy permitting student-led, student-initiated prayer at football games violates the Establishment Clause. The Court concluded that the football game prayers were public speech authorized by a government policy and taking place on government property at government-sponsored school-related events and that the District's policy involved both perceived and actual government endorsement of the delivery of prayer at important school events.

*Grutter v. Bollinger (Jun 23, 2003) Fact- In 1997, Barbara Grutter, a white resident of Michigan, applied for admission to the University of Michigan Law School. Grutter applied with a 3.8 undergraduate GPA and an LSAT score of 161. She was denied admission. The Law School admits that it uses race as a factor in making admissions decisions because it serves a "compelling interest in achieving diversity among its student body."

The Court held that the Equal Protection Clause does not prohibit the Law School's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body.

Gratz v. Bollinger (Jun 23, 2003) Fact- In 1995, Jennifer Gratz applied to the University of Michigan's College of Literature, Science and the Arts with an adjusted GPA of 3.8 and ACT score of 25. In 1997, Patrick Hamacher applied to the University with an adjusted GPA of 3.0, and an ACT score of 28. Both were denied admission and attended other schools. The University admits that it uses race as a factor in making admissions decisions because it serves a "compelling interest in achieving diversity among its student body."

The Court held that the University of Michigan's use of racial preferences in undergraduate admissions violates both the Equal Protection Clause and Title VI.

McCreary County, KY v. ACLU of Kentucky and Van Orden v. Perry (Jun 27, 2005) Fact- Thomas Van Orden sued Texas in federal district court, arguing a Ten Commandments monument on the grounds of the state capitol building represented an unconstitutional government endorsement of religion.

The Court held that the establishment clause did not bar the monument on the grounds of Texas' state capitol building. The plurality deemed the Texas monument part of the nation's tradition of recognizing the Ten Commandments' historical meaning. Though the Commandments are religious, the plurality argued, "simply having religious content or promoting a message consistent with a religious doctrine does not run afoul of the establishment clause."

*Church of Lukumi Babalu Aye, Inc. v. City of Hialeah (Jun 11, 1993) Fact- The Church of Lukumi Babalu Aye practiced the Afro-Caribbean-based religion of Santeria. Santeria used animal sacrifice as a form of worship in which an animal's carotid arteries would be cut and, except during healing and death rights, the animal would be eaten.

The Court held that the ordinances were neither neutral nor generally applicable. The ordinances had to be justified by a compelling governmental interest and they had to be narrowly tailored to that interest. The core failure of the ordinances were that they applied exclusively to the church. The ordinances singled out the activities of the Santeria faith and suppressed more religious conduct than was necessary to achieve their stated ends. Only conduct tied to religious belief was burdened. The ordinances targeted religious behavior, therefore they failed to survive the rigors of strict scrutiny.

Immigration and Naturalization Service v. Chadha (Jun 23, 1983) Fact- In one section of the Immigration and Nationality Act, Congress authorized either House of Congress to invalidate and suspend deportation rulings of the United States Attorney General. Type-

The Court held that the particular section of the Act in question did violate the Constitution. Recounting the debates of the Constitutional Convention over issues of bicameralism and separation of powers, Chief Justice Burger concluded that even though the Act would have enhanced governmental efficiency, it violated the "explicit constitutional standards" regarding lawmaking and congressional authority.

United States v. Virginia (Jun 26, 1996) Fact- The Virginia Military Institute (VMI) boasted a long and proud tradition as Virginia's only exclusively male public undergraduate higher learning institution. The United States brought suit against Virginia and VMI alleging that the school's male-only admissions policy was unconstitutional insofar as it violated the Fourteenth Amendment's equal protection clause.

The Court ruled that a policy by VMI of ​ admitting only men was discriminatory declaring that women could be admitted to Virginia Military Institute.

*Zelman v. Simmons-Harris (Jun 27, 2002) Fact- Ohio's Pilot Project Scholarship Program provides tuition aid in the form of vouchers for certain students in the Cleveland City School District to attend participating public or private schools of their parent's choosing.

The Court held that the program does not violate the Establishment Clause. The Court reasoned that, because Ohio's program is part of Ohio's general undertaking to provide educational opportunities to children, government aid reaches religious institutions only by way of the deliberate choices of numerous individual recipients and the incidental advancement of a religious mission, or any perceived endorsement, is reasonably attributable to the individual aid recipients not the government.

Weeks v. United States (Feb 24, 1914) Fact- Police entered the home of Fremont Weeks and seized papers which were used to convict him of transporting lottery tickets through the mail.

The Court held that the seizure of items from Weeks' residence directly violated his constitutional rights. The Court also held that the government's refusal to return Weeks' possessions violated the Fourth Amendment. To allow private documents to be seized and then held as evidence against citizens would have meant that the protection of the Fourth Amendment declaring the right to be secure against such searches and seizures would be of no value whatsoever. This was the first application of what eventually became known as the "exclusionary rule."

*U.S. v. Reynolds (Jan 6, 1879) Fact- George Reynolds, secretary to Mormon Church leader Brigham Young, challenged the federal anti-bigamy statute. Reynolds was convicted in a Utah territorial district court. His conviction was affirmed by the Utah territorial supreme court.

The Court held that the statute can punish criminal activity without regard to religious belief. The First Amendment protected religious belief, but it did not protect religious practices that were judged to be criminal such as bigamy. Those who practice polygamy could no more be exempt from the law than those who may wish to practice human sacrifice as part of their religious belief.

City of Boerne v. Flores (Jun 25, 1997) Fact- The Archbishop of San Antonio sued local zoning authorities for violating his rights under the 1993 Religious Freedom Restoration Act (RFRA), by denying him a permit to expand his church in Boerne, Texas.

The Court held that while Congress may enact such legislation as the RFRA, in an attempt to prevent the abuse of religious freedoms, it may not determine the manner in which states enforce the substance of its legislative restrictions. This, the Court added, is precisely what the RFRA does by overly restricting the states' freedom to enforce its spirit in a manner which they deem most appropriate. With respect to this case, specifically, there was no evidence to suggest that Boerne's historic preservation ordinance favored one religion over another, or that it was based on animus or hostility for free religious exercise.

West Virginia v. Barnette (Jun 14, 1943) Fact- The West Virginia Board of Education required that the flag salute be part of the program of activities in all public schools.

The Court overruled its decision in Minersville School District v. Gobitis and held that compelling public schoolchildren to salute the flag was unconstitutional. The Court found that such a salute was a form of utterance and was a means of communicating ideas. "Compulsory unification of opinion," the Court held, was doomed to failure and was antithetical to First Amendment values.

Wallace v. Jaffree (Jun 4, 1985) Fact- An Alabama law authorized teachers to conduct regular religious prayer services and activities in school classrooms during the school day. Three of Jaffree's children attended public schools in Mobile.

The Court overturned a state law setting aside time for "voluntary prayer" in public schools.

Nix v. Williams (Jun 11, 1984) Fact- Williams was arrested for the murder of a ten year old girl who's body he disposed of along a gravel road.

The Court relied on the "inevitable discovery doctrine," as it held that the exclusionary rule did not apply to the child's body as evidence since it was clear that the volunteer search teams would have discovered the body even absent Williams's statements.

*Engel v. Vitale (Jun 25, 1962) Fact- The Board of Regents for the State of New York authorized a short, voluntary prayer for recitation at the start of each school day.

The Court ruled school-sanctioned prayer in public schools unconstitutional.

Swann v. Charlotte-Mecklenburg Board of Education (Apr 20, 1971) Fact- After the Supreme Court's decision in 1954 in Brown v. Board of Education, little progress had been made in desegregating public schools. One example was the Charlotte-Mecklenburg, North Carolina, system in which approximately 14,000 black students attended schools that were either totally black or more than 99 percent black.

The Court ruled that 1, remedial plans were to be judged by their effectiveness, and the use of mathematical ratios or quotas were legitimate "starting points" for solutions; 2, predominantly or exclusively black schools required close scrutiny by courts; 3, non-contiguous attendance zones, as interim corrective measures, were within the courts' remedial powers; and 4, no rigid guidelines could be established concerning busing of students to particular schools.

*Lemon v. Kurtzman (Jun 28, 1971) Fact- This case was heard concurrently with two others, Earley v. DiCenso (1971) and Robinson v. DiCenso (1971). The cases involved controversies over laws in Pennsylvania and Rhode Island.mill

The Court ruled that New York state could not use state funds to pay parochial school teachers' salaries.

Sheppard v. Maxwell (Jun 6, 1966) Fact- After suffering a trial court conviction of second-degree murder for the bludgeoning death of his pregnant wife, Samuel Sheppard challenged the verdict as the product of an unfair trial. Sheppard, who maintained his innocence of the crime, alleged that the trial judge failed to protect him from the massive, widespread, and prejudicial publicity that attended his prosecution.

The Court ruled that Sheppard did not receive a fair trial due to media interference (violated right to fair trail by Sixth Amendment)

Lawrence v. Texas (Jun 26, 2003) Fact- Responding to a reported weapons disturbance in a private residence, Houston police entered John Lawrence's apartment and saw him and another adult man, Tyron Garner, engaging in a private, consensual sexual act. Lawrence and Garner were arrested and convicted of deviate sexual intercourse in violation of a Texas statute forbidding two persons of the same sex to engage in certain intimate sexual conduct.

The Court ruled that a Texas statute making it a crime for two persons of the same sex to engage in certain intimate sexual conduct violates the Due Process Clause.

Boy Scouts of America v. Dale (Jun 28, 2000) Fact- The Boy Scouts of America revoked former Eagle Scout and assistant scoutmaster James Dale's adult membership when the organization discovered that Dale was a homosexual and a gay rights activist.

The Court ruled that the historic private groups could exclude gas from serving as leaders because a private group has the right to set its own moral code

New York Times Co. v. U.S. (Jun 30, 1971) Fact- In what became known as the "Pentagon Papers Case," the Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam.

The Court ruled that the publication of the top-secret Pentagon Papers could not be blocked.

*Everson v. Board of Education (Feb 10, 1947) Fact- A New Jersey law allowed reimbursements of money to parents who sent their children to school on buses operated by the public transportation system. Children who attended Catholic schools also qualified for this transportation subsidy.

The Court upheld a New Jersey policy of reimbursing parents of Catholic school students for the costs of busing their children to school.

Webster v. Reproductive Health Services (Jul 3, 1989) Fact- In 1986, the state of Missouri enacted legislation that placed a number of restrictions on abortions.

The Court upheld the viability testing requirements, arguing that the State's interest in protecting potential life could come into existence before the point of viability.

*Miranda v. Arizona (Jun 13, 1966) Fact- On March 13, 1963, Ernesto Miranda was arrested in his house and brought to the police station where he was questioned by police officers in connection with a kidnapping and rape. After two hours of interrogation, the police obtained a written confession from Miranda. The written confession was admitted into evidence at trial despite the objection of the defense attorney and the fact that the police officers admitted that they had not advised Miranda of his right to have an attorney present during the interrogation.

The Fifth Amendment requires that law enforcement officials advise suspects of their right to remain silent and to obtain an attorney during interrogations while in police custody.

Citizens United v. FEC (Jan 21, 2010) Fact- Citizens United sought an injunction against the Federal Election Commission in the United States District Court for the District of Columbia to prevent the application of the Bipartisan Campaign Reform Act (BCRA) to its film Hillary: The Movie. The Movie expressed opinions about whether Senator Hillary Rodham Clinton would make a good president.

The First Amendment protects the right to free speech, despite the speaker's corporate identity.

*New Jersey v. T.L.O (Jan 15, 1985) Fact- T.L.O. was a high school student. School officials searched her purse suspecting she had cigarettes. The officials discovered cigarettes, a small amount of marijuana, and a list containing the names of students who owed T.L.O. money.

The Fourth Amendment prohibition on unreasonable searches applies to schools and public school officials.

*Griswold v. Connecticut (Jun 7, 1965) Fact- Griswold was the Executive Director of the Planned Parenthood League of Connecticut. Both she and the Medical Director for the League gave information, instruction, and other medical advice to married couples concerning birth control. Griswold and her colleague were convicted under a Connecticut law which criminalized the provision of counselling, and other medical treatment, to married persons for purposes of preventing conception.

The Supreme Court decided that various parts of the Bill of Rights cast "penumbras" or shadows unstated liberties implied by the explicitly stated rights protecting a right to privacy.

*Gideon v. Wainwright (Mar 18, 1963) Fact- Clarence Earl Gideon was charged in Florida state court with a felony: having broken into and entered a poolroom with the intent to commit a misdemeanor offense.

The Supreme Court held that the framers of the Constitution placed a high value on the right of the accused to have the means to put up a proper defense, and the state as well as federal courts must respect that right. The Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own.

*Roe v. Wade (Jan 22, 1973) Fact- Roe, a Texas resident, sought to terminate her pregnancy by abortion. Texas law prohibited abortions except to save the pregnant woman's life.

The Supreme Court ruled that a Texas law prohibiting abortion violated a woman's constitutional right to privacy.

*Baker v. Carr (Mar 26, 1962) Fact- This case ordered state legislative districts to be as near equal as possible in population; Warren Court's judicial activism.

The Supreme Court ruling that all state districts must be equal in population., required that voting district needed to be reapportioned.

*Schenck v. United States (Mar 3, 1919) Fact- During World War I, Schenck mailed circulars to draftees. The circulars suggested that the draft was a monstrous wrong motivated by the capitalist system. The circulars urged "Do not submit to intimidation" but advised only peaceful action such as petitioning to repeal the Conscription Act. Schenck was charged with conspiracy to violate the Espionage Act by attempting to cause insubordination in the military and to obstruct recruitment.

The Supreme Court upheld the conviction of Schenck (a secretary of the Socialist Party) for interfering with the draft.

Bush v. Gore (Dec 12, 2000) Fact- This case used the 14th Amendment's equal protection clause to stop the Florida recount in the election of 2000.

The court ruled that manual recounts of presidential ballots in the Nov. 2000 election could not proceed because inconsistent evaluation standards in different counties violated the equal protection clause.

Abrams v. United States (Nov 10, 1919) Fact- The defendants were convicted on the basis of two leaflets they printed and threw from windows of a building. One leaflet signed "revolutionists" denounced the sending of American troops to Russia. The second leaflet, written in Yiddish, denounced the war and US efforts to impede the Russian Revolution. The defendants were charged and convicted for inciting resistance to the war effort and for urging curtailment of production of essential war material. They were sentenced to 20 years in prison.

The court upheld the Sedition Act of four Russian immigrants who had printed pamphlets denouncing American military intervention in the Russian Revolution. The nation's highest court thus endorsed the severe wartime restriction on free speech.

Clinton v. United States (Jun 25, 1998) Fact- The case began on March 2, 1801, when an obscure Federalist, William Marbury, was designated as a justice of the peace in the District of Columbia. Marbury and several others were appointed to government posts created by Congress in the last days of John Adams's presidency, but these last-minute appointments were never fully finalized

The justices held, through Marshall's forceful argument, that on the last issue the Constitution was "the fundamental and paramount law of the nation" and that "an act of the legislature repugnant to the constitution is void." In other words, when the Constitution--the nation's highest law--conflicts with an act of the legislature, that act is invalid. This case establishes the Supreme Court's power of judicial review.

*United States v. Lopez (Apr 26, 1995) Fact- This case made the Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.

The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity.

Plessy v. Ferguson (May 18, 1896) Fact- The state of Louisiana enacted a law that required separate railway cars for blacks and whites. In 1892, Homer Adolph Plessy who was seven-eighths Caucasian took a seat in a "whites only" car of a Louisiana train. He refused to move to the car reserved for blacks and was arrested.

This case established the "seperate but equal" doctrine.

Clinton v. Jones (May 27, 1997) Fact- Paula Corbin Jones sued President Bill Clinton. She alleged that while she was an Arkansas state employee, she suffered several "abhorrent" sexual advances from then Arkansas Governor Clinton. Jones claimed that her continued rejection of Clinton's advances ultimately resulted in punishment by her state supervisors.

This case ruled that the line-item veto violated the seperatin of powers doctrine.

Marbury v. Madison (Feb 24, 1803) Fact- This case established the principle of judicial review

Though Marbury was entitled to it, the Court was unable to grant it because Section 13 of the Judiciary Act of 1789 conflicted with Article III Section 2 of the U.S. Constitution and was therefore null and void.

Gibbons v. Ogden (Mar 2, 1824) Fact- This case clarified the commerce clause and affirmed Congressional power over interstate commerce.

Under the Constitution's Supremacy Clause, the New York monopoly was void because it conflicted with federal law.

*Near v. Minnesota (Jun 1, 1931) Fact- Jay Near published a scandal sheet in Minneapolis, in which he attacked local officials, charging that they were implicated with gangsters. Minnesota officials obtained an injunction to prevent Near from publishing his newspaper under a state law that allowed such action against periodicals.

Under the Free Press Clause of the First Amendment, and with limited exceptions, government may not censor or prohibit a publication in advance.