expansion of civil liberties

By vaaaey
  • Gitlow v. New York - Freedom of Speech

    Gitlow v. New York - Freedom of Speech

    Gitlow, a socialist, had published an essay titled "Left Wing Manifesto" and was promptly persecuted under New York's new Criminal Anarchy Law. While some believed New York to be justified in their arrest, since Gitlow had advocated violence, the Supreme Court interpreted the 14th amendment to include freedom of speech as one of the fundamental liberties protected after the case became controversial, though upheld Gitlow's conviction.
  • De Jonge v. Oregon - Freedom of Assembly

    De Jonge v. Oregon - Freedom of Assembly

    De Jonge was convicted under Oregon's Criminal Syndicalism Law for having participated in a meeting organized by the communist party. He was arrested just for having help set up the controversial event even though the gathering was peaceful and open to the public. After having heard the case, the Supreme Court decided that the right to assemble peacefully was protected under the 14th amendment. It rejected the idea of guilt by association and Oregon's decision to act without due process.
  • Everson v. Board of Education - Freedom of Religion

    Everson v. Board of Education - Freedom of Religion

    A New Jersey Board of Education had been used for giving out reimbursements to parents for bus fares if the bus fare went toward their child attending a religious school. These came from public funds. Some saw this as a breach of church and state, but the Supreme Court ruled that this was not promoting or favoring religion; simply a service for all children. Through this ruling, though, they interpreted the establishment clause to be protected under the 14th amendment and applied to states.
  • Mapp v. Ohio - Protection Against Unlawful Search and Seizure

    Mapp v. Ohio - Protection Against Unlawful Search and Seizure

    The Supreme Court ruled for Mapp and extended the exclusionary rule, a rule that prevents illegally obtained evidence from being used in courts, to states under the 14th amendment after Ohio law enforcement convicted Mapp based on evidence found in such a way during a search they performed regardless of the fact they had no warrant. The search was also based on unsubstantial accusations and the police had not event found anything connecting Mapp to their original suspicions.
  • Robinson v. California - Protection Against Cruel and Unusual Punishment

    Robinson v. California - Protection Against Cruel and Unusual Punishment

    Robinson, admitting to his drug addiction, was penalized by California government under their own statute despite the fact he had neither trafficked them or illegally used them prior. The Supreme Court reasoned that imprisoning someone just for being an addict was akin to imprisoning someone for being mentally ill and to punish and sickness would be cruel. Deciding that violated the 8th and 14th amendments, they rightfully extended the protection to all states. The law would be expanded later.
  • Gideon v. Wainwright - Right to Counsel

    Gideon v. Wainwright - Right to Counsel

    Gideon had been charged in Florida state court for a felony, appeared in court without a lawyer due to lack of funds, asked for one to be appointed for him, and was denied. Florida law stated it was only necessary for capital offenses and so Gideon represented himself against the state. When found guilty, he petitioned to the Supreme Court and they ruled that everyone, for all cases, in all states, has a right to an attorney under the 6th and 14th amendments.
  • Malloy v. Hogan - Protection Against Self Incrimination

    Malloy v. Hogan - Protection Against Self Incrimination

    Being released from an earlier sentence, Malloy was told to testify on more of his illegal activity regarding it. Malloy refused to, saying he did not wish to incriminate himself, and the Connecticut government imprisoned him for contempt. He would not be released until he did so, so Malloy filed a petition to challenge the decision. The Supreme Court found that the 5th and 14th amendments protected Malloy's decisions and that guilt must be established without improper influence.
  • Klopfer v. North Carolina - Right to a Speedy Trial (Jury Trial)

    Klopfer v. North Carolina - Right to a Speedy Trial (Jury Trial)

    After having the State place his trial on an indefinite delay to come back to later because his jury couldn't come to a decision two separate times, Klopfer challenged the decision and the Supreme Court upheld his grievance. They confirmed that the right to a speedy Trial under the 6th amendment was a right to also be protected under the 14th; making it applicable to all states. Although that right had been violated, that did not mean the sixth amendment also required the state to prosecute.
  • Benton v. Maryland - Protection Against Double Jeopardy

    Benton v. Maryland - Protection Against Double Jeopardy

    Benton, accused of burglary and larceny, was found guilty of burglary but acquitted on the account of larceny. He appealed, stating the jury was chosen unfairly. Against the new jury, he was found guilty on both earlier charges. He appealed again, saying it was unlawful to try him twice on the same larceny charge, having already been acquitted and only appealing the guilty verdict. The Supreme Court affirmed this under the 5th and 14th amendments; extending the protection to all states.
  • McDonald v. City of Chicago - 2nd Amendment Rights

    McDonald v. City of Chicago - 2nd Amendment Rights

    After having been arrested for illegally owning a handgun as a result of Chicago's restrictive gun laws, including a near-total ban on handguns, McDonald protested on account of his 2nd amendment rights. The Supreme Court sided with him and claimed the 2nd amendment was one to be protected under the 14th as well. Chicago, and any city or city, restricting the right to own guns that are legal on the federal level is unconstitutional.