Chapter 19 Civil Liberties: First Amendment Freedoms

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 14 th 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