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| Personal fundamental rights and freedoms which no government can deny its peoples by any law, constitution, or court. |
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| Fourth Amendment (federal) and Fourteenth Amendment (states) |
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| Establishment Clause, Separation of Church and State, Libel & Symbolic Speech |
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| Inferred right based upon the 4th, 5th, 1st, 14th amendments with the 9th aiding the court in establishing a new right. |
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| 4th, 5th, 6th, 7th, 8th amendments. Incorporation Doctrine (14th amendment used to apply protection of rights to states. |
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| 1879: 1st amendment and freedom of religion/expression does not allow polygamy. |
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| 1890: No seriously, no polygamy, no constitutional protection. State's can require anti-polygamy oaths. |
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| 1919: 1st Amndt does not protect anti-war protest in formal war; "Clear and Present Danger" Doctrine established |
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| 1919: 1st Amendment allows Govt to send troops into a nation's civil war w/o formal declaration of war |
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| 1925: 14th amdt "incorporates" freedom of speech clause and applies to states. Legal protections from the federal gov. found in the BoR apply to the states, except 5th; grand jury indictment and 8th excessive bail. |
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| 1927: 1st amndt does not protect membership in groups seeking to overthrow US; Brandeis dissent argues "clear and present danger" test should favor "more speech, not enforce silence." |
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| 1931: 1st amndt denies prior restraint of media -- unless (Near Dictum) troops put in harm's way. |
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| 1931: 1st amndt protects those who show a red flag; state law convicting communists overturned. |
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| 1932: 6th amndt requires defendants have a right to good legal counsel; Scottsboro Boys case; first time Constitutional criminal standards are required in state criminal trials. |
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| 1935: 6th Amndt holds that excluding black people from a jury list denies a defendant a fair trial. |
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| 1937: 1st Amndt alows a person to attend a peaceful unpopular (Communist Party) rally. |
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| 1937: BoR has priority "implicit in the concept of ordered liberty" (Cardozo). These federal protections in BoR now apply to states via 14th Amndt Due Process Clause. |
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| 1938: 1st Amndt allows religious groups to distribute literature without city premit. |
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| 1941: Ar.1, Sec. 8, Cl. 3 allows poor people to travel across state lines to live & work; case overturned California's "anti-Okie" state law during the Great Depression. |
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| 1941: 1st Amndt upholds freedom of assembly for public forums; i.e. at city "streets and parks" |
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| 1942: 1st Amndt does not protect profane public speech; Fighting Words Doctrine established. |
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| 1943: 1st Amndt allows school children a right not to salute nation's flag (seen as graven image); the religious beliefs of Jehovah's Witness childrenn are protected in America's public schools. |
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| 1944: 15th Amndt denies a state (Texas) a "white primary" election as it violates the right to vote. |
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| 1946: 1st Amndt denies government the ability to deny mailing of items deemed "offensive." |
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| Everson v. Bd of Education |
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| 1947: 1st Amndt Establishment Clause has "wall of separation" with regard to Church & State. |
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| 1948: 14th Amndt denies restrictive covenants/contractual agreements among white homeowners not to sell their houses to people of color. |
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| 1949: 1st Amndt allows racist anti-semitic speech, overturning priest's disorderly conduct arrest; Douglas: "the function of free speech under our system of government is to invite dispute." |
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| 1951: 1st Amndt does not protect speech about communism; talk can cause convictions. Reflects "McCarthy Era" fear of communism; Yates v. US (1957) limits it. |
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| 1951: 1st Amndt allows person's public speech although earlier civil disorder. |
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| 1952: 14th Amndt Due Process Clause outlaws "conduct that shocks conscience" |
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| 1952: !st amndt allows "sacrilegious" films; NY state cannot stop showing of "The Miracle" |
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| 1954: 14th amndt negates separate but equal, overturns Plessy v. Ferguson by name. |
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| 1957: 1st amndt denies government/HUAC power to force testimony re Communist Party |
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| 1957: 1st amndt does allow speech re communism; Dennis is limited; Smith act restricted. Warren Court uses a "balance test" between 1st amndt & society's right to self-preservation. C&Pdanger doctrine is not invoked. 5 convictions & 9 re-trials |
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| 1958: 8th amndt denies government power to strip one's US citizenship for being WWII deserter. |
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| 1958: 5th amndt Due Process Clause allows right to travel, State Dept. cannot deny Communists a passport. |
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| 1958: 14th amndt prevents states from requireing veterans sing loyalty oaths to get property tax exemption; California law was challended succesfully by ACLU lawyer Lawrence Speiser. |
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| 1958: 1st amndt + right to privacy guarantees freedom of association- w/o punishment. |
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| 1959: 1st amndt protects booksellers who cannot be found guilty of selling "obscene" material unless the government can prove he/she was familiar with the book's obscene content. |
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| 1961: 4th amndt Exclusionary Rule applies to state/local police. |
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| 1961: 14th amndt does not stop a state from banning sale of new birth control pills; Harlan dissent; the law is "an intolerable invasion of primacy in the conduct of one of the most intimate concerns of an individual's private lift." Leads to Griswolrd v. Connecticut (1965) |
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| 1962: Engel v. Vitale: 1st amndt declares "it is no part of the business of government to compose official prayers." |
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| 1963: 1st amndt prohibits state in-school Bible-reading law; upholds ruling in Engel. |
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| 1963: 6th amndt requres states to provide poor people charged with a felony free legal aid. |
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| 1964: 6th amndt right to counsel requires a lawyer be provided before a suspect is questioned by police. |
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| 1964: 1st amndt allows theaters to show porn films; Stewart "knew porn when he saw it." |
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| 1964: 1st amndt allow media criticism of "public" persons. |
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| 1964: 1st amndt prohibits state loyalty oaths of state employees because of vagueness. |
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| Carroll v. Princess Anne Co. |
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| 1964: 1st amndt denies a county's ban of a rally without notifying organizers of the injunction. |
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| 1965: 1st amndt gives CO status to anti-war religious protestors w/ no belief in a supreme being. |
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| 1965: Implied right to privacy in (1/4/5/9 amndts) given to states via 14th |
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| Lamont v. Postmaster General |
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| 1965: 1st amndt ended federal law allowign govt to detain/destroy all unsealed mail from abroad deemed "communist political propaganda"--unless addressee requested delivery in writing. |
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| 1966: 5th amndt right against self-incrimination+6th amndt right to counsel applies to police suspects; "Miranda warnigns" require police to inform rights before questioning. |
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| 1966: 1st amndt prevents government from denying legislators v. unpopular beliefs their elected seats. |
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| 1967: 14th amndt equal protection clause bans inter-racial marriage bans. End 17 states laws. |
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| 1967: 1st amndt alllows public school teachers the right to not sign loyalty oaths. Public employment is not a "privelege" to which government can attach any condition it pleases. |
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| 1967: 14 amdnt Due Process Clause allows requirements for state delinquency proceedings. Gault establised (1st time) the broad principle that young persons have constitutional rights. |
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| 1968: 1st amndt allows teaching "mankind ascended/descended from lower order of animals." |
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| 1968: 1st amndt does not allow anti-war protest by burning of federal-issued draft cards. |
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| 1968: 14th amndt requires state prisons and jails to be racially-integrated. |
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| 1968: 14th amndt allows an illegitimate child a right to recover damages for a parent's death; the |
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| 1968: 14th Amndt prohibits "man in the house rule" mothers can get child support even when there is no man in the house |
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| 1968: 14th Amndt outlaws state laws requireing racial segregation in prisons/jails |
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| 1969: 1st amndt allows unpopular political advocacy; 1940 Smith Act and all sedition laws. |
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| 1969: 1st amndt symbolic speech allows school kids to protest; they don't "shed constitutional rights to freedom of speech/expression at schoolhouse gate." |
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| 1969: 1st amndt keeps states from "controlling a person's private thoughts" |
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| 1969: 1st amndt allows "political hyperbole" threats against the life of the US president. |
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| 1969: 1st amndt protects peaceful demonstrators from arrest when disorder is created by a hostile audience a "heckler's veto" |
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| 1969: 1st amndt overturned a NY a state law convicting a man for burning the American flag in protest after killing of civil rights leader Medgar Evers in Jackson, Mississippi. |
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| 1969: 14th amndt denies government sex-based categories ; women too can administer estate cases. |
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| 1969: "right to privacy" allows "life &health of the woman" to include "psychological well-being, therefore allowing more women to obtain legal "therapeutic" abortions. |
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| 1970: 14th amndt allows welfare recipients to notice/hearing before state can stop benefits. |
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| 1971: 1st amndt denies government power to prohibit speech just because it is "offensive" |
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| 1971: 1st amndt denies government "prior restraints" not justified by threats to national security. Pentagon Papers, upholds Near v. Minnesota (1931). |
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| 1972: 8th amndt prohibits "arbitrary & capricious" state death penalty laws (e.g. for rape). The 5-4 decision had 9 different opinions. |
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| 1972: "Right to privacy" permits a reproductive rights activist convicted of giving an unmarried woman a contraceptive device; a Massachusetts law is illegal &privacy idea advances. |
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| 1973: 1st amndt allows "pornography" -- not "obscenity"; 3-step test; before internet is it moot? |
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| 1973: Bill of Rights allows women control over their bodies to end pregnancy within first 6months. "Right to Privacy" = abortions |
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| 1973: Bill of Rights Allows the attending physician to decide if an abortion is "necessary." |
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| 1973: 14th amndt negates a federal law that allowed a woman in the armed forces to claim her husband as a "dependent" only if he depended on her for 50%+ of his support, while a serviceman could claim "dependent" status for his wife regardless of actual dependency. |
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| 1973: Article I gives Congress only the power to declare war; the President cannot declare war; ACLU took on Rep. Hotlzman's lawsuit to halt President Nixon's bombing of Cambodia during the VN War; the bombing was halted for a few hours but later overturned. |
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| 1974: 1st amndt allows more compensation to private persons for injury resulting from libel. "Public persons" can be more easily scrutinized by the media. |
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| 1974: 1st amndt allows one to put US flag image on items; "contemptuous" image is vague. Image of American flag appears legally on products available for sale comercially. |
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| 1974: BoR holds gov. leader is not above law & not beyond reach of Judicial Review; ACLU = Amicus Curiae "its bad for elected head of state to be up above the law" ruled on 7/24 that he can be impeached for witholding evidence 8-0 case. Nixon gives tapes and resigns. |
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| 1975: 14th amndt allows students notice/hearing before suspension by principal w/ no hearing. |
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| 14th amndt prevents unlimited confinement for a non-violent mental illness patient. |
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| 1976: 1st amndt allows candidates to spend unlimited $$ on their own campaigns for office. |
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| Neb. Press Assn. v. Stuart |
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| 1976: 1st amndt gives a defendant right to appeal to US Supreme Court for what was said/written. |
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| 1977: 1st amndt allows the "right not to speak" and overturned a New Hampshire law prohibiting Jehovah's Witness from covering up the license plate slogan "Live Free or Die" |
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| 1978: 1st amndt allows Nazis to march/protest in area where many Holocaust survivors live. |
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| 1978: 1st amndt allows lawyers to act who "further political and ideological goals through Associational activity;" a state can regulate lawyers who seek cases for financial gain; the South Carolina supreme court had reprimanded an ACLU lawyer for "improper solicitation" for trying to get a woman to challenge a law. |
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| 1978: 1st amndt does not allow some "indecent" words broadcasted on radio in prime time. |
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| Prune Yard Shopping Center v. Robins |
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| 1980: 1st amndt allows protest in a mall as it is comparable to streets/sidewalks; a California law prohibiting distribution of political pamplets on its property was overturned. |
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| 1982: 1st amndt allows students "right to know"; school libraries can't deny "objectionable books." |
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| 1983: 14th amndt allows IRS to enforces rules on "settled (racial) public policy" re private education. |
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| 1985: 1st amndt Establisment Clause clashes w/ state "moment of silence" law allowing "voluntary prayer." |
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| 1986: BoR does not guarantee right to privacy/sexual behavior for gays/lesbians. |
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| 1986: 1st amndt allows public school teachers to not give "equal time" to "creation science" + evolution. |
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| 1989: 1st amndt symbolic speech allows one to protest by burning or desecrating US flag. This 5-4 historic decision expands the 1st amndt, with a surprising opinion by Scalia. |
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| Crusan v. Dir. Of MO Department of Health |
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| 1990: Right to Privacy allows a patient's "living will" to be convincing evidence of his/her wishes; first "right-to-die" case; ACLU represented the family of Nancy Cruzan who had been in persistent vegetative state for more than seven years after a car accident in Missouri. |
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| 1992: 1st amndt denies any symbol/law "that arouses anger, alarm or or resentment" as vague. |
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| Planned Parenthood of SE Penn. V. Casey |
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| 14th amdnt upholds abortions performed prior to "viability" of fetus in 7th month; the O'Connor/Kennedy/Souter opinion reaffirms Roe v. Wade 1973; upheld parts of state law. |
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| 1992: 1st amndt Establisment Clause denies a prayer at start of public school graduate ceremony. |
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| 1992: 8th amndt denial of "cruel and unusual punishment" prevents beating of shackled inmates. |
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| 1993: 1st amndt allows "hate crime" law punishing acts if jury finds victim was hurt re "race/religion/color/disability/sex orient/nat. origin or ancestry." |
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| 1993: 14th amndt prohibits a government prosecutor from challenging potential jurors with the intent of disqualifying them from being a juror based on gender. |
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| Church of the Lukumi Babalu Aye v. Hialeah |
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| 1993: 1st amndt allows slaughter of some animals in church service, people could catch fish for secular purposes so it their were discriminated against, and law must apply to all equally. |
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| 1994: 1st amndt prevents town's law banning signs on private property w/unpopular speech. |
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| McIntyre v. Ohio Elections Commission |
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| 1995: 1st amndt denies a state power to stop anonymous distribution of political campaign literature. |
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| Capitol Sqaure Review Bd. V. Pinetter |
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| 1995: 1st amndt allows KKK to put a cross upon Ohio State Capitol grounds used as public forum. Rejecting the argument that display violated separation of church/state. |
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| Hurley v. Irish-American Gay, Lesbian, Bisexual Group of Boston |
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| 1996: 1st amndt does allow private groups/organizations to exercise the right to exclude participants from their parades who do not share the values which the sponsors wish to communicate. |
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| 1996: 14th amndt overturns a state's const. admnt/public vote denying government powerto enact gay rights laws. |
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| 1997: 1st amndt denies Act of Congress to censor Internet/banning "indecent" speech as vague. 9-0 decision expands the 1st amndt despite congress and president. |
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| 1997: 4th amndt right to privacy overturns state law requireing candidate urine test for public office. |
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| 1997: 1st amndt keeps gov. from using religion to plan; outlawed 1993 Religious Freedom Restoration Act. |
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| 1997: 14th amndt does allow a state to ban physician-assisted suicide; Split 5-4 |
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| 1998: 14th amndt applies ADA to persons in early HIV stages (even w/o overt AIDS symptoms). |
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| Oncale v. Sundowner Offshore Services |
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| 1998: 1964 Civil Rights Act's Title VII - which prohibits sexual discrimination & harassment in the workplace - applies to same-sex as well as opposite sex harassment. |
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| 1999: 14th amndt denies anti-gang loitering law targeting minority youth not involved in crime. |
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| 1999: 1st amndt outlaws residency requirements for welfare applicants; Justices reason that citizens select states, states do not select citizens. |
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| 2000: 14th amndt denies a state's ban on "partial-birth" abortions as too broad a law, and + not protectgin women's health. |
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| Santa Fe independent School Dist. V. Doe |
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| 2000: 1st amndt Establisment Clause denies school policy allowing the student body to vote at the beginning of each school year whether to have prayers before football games. |
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| 2001: Art. I allows immigrants to challenge deportation orders via habeas corpus - denying AG's claim that Congress can deny courts jurisdiction & can retroactively use deportation laws. |
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| 2002: 8th amndt forbids execution of mentally retarded - as "cruel and unusual punishment." |
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| 2003: BoR does not allow gov. to violate right to privacy with regard to homosexual activity; 6-3 overturned Bowers v. Hardwick, Scalia is pissed. |
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| 2006: 14th amndt due process clause does not allow Congress to order a legal resident deported after his conviction on federal drug felony laws. 8-1 overturn 1970 Controlled Substances Act |
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| 2007: 4th amndt does not allow police to seize a car's passenger if the driver has agreed to pull over for ticketing. 9-0 decision. |
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| FEC v. Wisconsin Right to Life |
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| 2007: 1st amndt'd free speech guarantees does allow issue ads 30 days before an election; an Act of Congress (McCain-Feingold cmapaign finance bill or BICRA) is illegal. |
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| 2007: 14th amndt does allow Congress o pan "partial-birth" abortions without placing an undue burden on a woman's right to privacy and right to choose an abortion. |
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| Hein V. Freedom From Religion Foundation |
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| 2007: 1st amndt Establishment Clause denies persons not directly impacted by the legal issue or constitutional question to have standing to sue and challenge in court. |
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| 2007: 6th amndt allows judges to offer more lenient sentences in cases where such action is warranted. |
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| 2007: 14th amndt Due Process Clause does not change 180-day deadline on filing title VII claims to cases of wage discrimination where the discrimination recurs with each paycheck. 5-4 jan. 2009 Obama circumvents. |
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| 2007: 1st amndt does allow high school staff to restrict student speech at official school events if such speech is perceived as promoting illegal drug use. |
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| 2007: 4th amndt does allow police to force a driver off the road if he/she believes the driver is unresponsive to police and may constitute a danger to others nearby, 8-1 vote. |
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| 2008: 8th amndt's prohibition against "cruel and unusual punishment' does not prohibit execution by lethal injection. 7-2 vote ends 16-month moratorium. |
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| 2008: US Constitution guarantees habeas corpus rights to all under US law - including prisoners; 2006 Military Commissions Act denies Guantanamo detainees a basic Constitutional right. Non-citizen "enemy combatants" detained at Guantanamo Bay can appeal their imprisonment in US Federal Courts on constitutional groudns. 5-4 |
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| 2008: 1st amndt's establishment clause does not permit a prosecutor's effort to create an all-white jury by excluding a potential black juror because he "appeared nervous" |
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| 2008: 1st amndt does permit Gov. to prosecute persons who offer to sell or to trade illegal child pornography - even if the defendants do not actually have child pornography. |
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| 2009: Q: 5th amndt allow state to seize property and hold it for 6+ months pending proceedings? Court rules 9-0 = moot and leave the question unanswered |
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| District of Columbia v. Heller |
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| 2009: 2nd amndt allows law-abiding citizens controlled by Federal law to keep guns in their homes for self-defense, invalidates part of DC gun ban. |
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| Melendez-Diaz v. Massachusetts |
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| 2009: 6th amndt Confrontation Clause requires the accused to see witnesses no matter how difficult it is for the prosecutors. Crime lab test results can be cross examined in court. |
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