Slaughter-House Cases

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Slaughter-House Cases; The 13th Amendment and 14th Amendment are to be read narrowly to apply only to former slaves and African-Americans. Procedural guarantees are not yet applicable to the states.

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Stream Of Interstate Commerce

Philadelphia v. New Jersey. The Commerce clause protects other States from efforts by one State to isolate itself in the stream of interstate commerce from a problem shared by all, such as garbage.

Voting Restrictions In School District Elections

Kramer v. Union Free School District No. 15; Restriction of voting in school district election to parents and property owners or lessors is a violation of equal protection.

Gerrymandering

Davis v. Bandemer; Courts will review political gerrymandering controversies. For a violation of equal protection must prove both intentional discrimination against an identifiable political group and an actual discriminatory effect on that group.

Clear And Present Danger Test

Schenck v. United States; The Constitution permits the punishment of speech when the words are used in such circumstances and are of such a nature as to create a clear and present danger. Freedom of Speech. 1917 Espionage Act.

Limits of the Clear and Present Danger Test

Gitlow v. New York; The clear and present danger test does not apply to state laws where the state legislature has determined pursuant to police powers that certain kinds of utterances involve a danger of substantive evil. Due Process Clause.

Obscenity Laws

Paris Adult Theatre I v. Slaton; States can restrict obscenity in order to protect the public's interest in order and morality, even when the material is not available to minors or unconsenting adults.

Right of Free Association

NAACP v. Alabama; Curtailment by the state of the fundamental right of free association will be found unconstitutional unless it is show to be necessary to the achievement of a compelling government interest.

Taxes Can Violate Free Speech

Minneapolis Star and Tribune Co. v. Minnesota Commissioner of Revenue; Differential treatment of the press causes a presumption of a purpose to suppress expression, so subject to strict scrutiny. Here a tax was struck down.

Vicious Speech

Snyder v. Phelps; First Amendment; public concern; hate speech; homophobia; anti-gay slurs; public property protesters; picketers

Goodridge v. Department of Public Health

Same-sex partners are entitled to the benefits, liabilities, and obligations of civil marriage; gay rights; due process; equal protection; Massachusetts constitution.

Texas v. Johnson

Burning the American flag, freedom of expression, first amendment, symbolic speech.

Mobile v. Bolden

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