landmark case

See Also: Civil Rights Rulings (Circa 1960's), Important Landmark Cases in Educational Law, Sex-related court cases.

In the United States, the most famous landmark case is the decision in Roe v. Wade 410 U.S. 113 (1973)*, in which it was ruled that a woman has a right to obtain an abortion during the first trimester 3 months of pregnancy and that laws prohbiting this are unconstitutional.

Other landmark cases include:

• Dred Scott v. Sanford (should have read Dred Scott v. Sandford) 60 U.S. 393, 19 How. 393, 15 L.Ed. 691, (1857)*, a negro is not a person and has no rights.
• Plessy v. Ferguson 163 U.S. 537 (1896)*, segregated facilities for blacks and whites are constitutional under the doctrine of Separate but Equal, which held for close to 100 years.
• Brown v. Board of Education (of Topeka, Kansas) 344 U.S. 1 (1952), 344 U.S. 141 (1952), 347 U.S. 483 (1954), 349 U.S. 294 (1955)*, segregated schools in the several states are unconstitutional in violation of the 14th Amendment, overruling Plessy
• Bolling v. Sharpe 347 U.S. 497 (1954)*, the companion case to Brown, which ruled that segregated schools in the District of Columbia violated the 5th Amendment
• Mapp v. Ohio 367 U.S. 643 (1961)* Evidence obtained by searches and seizures in violation of the Federal Constitution is inadmissible in a criminal trial in a state court.
• Gideon v. Wainwright 372 U.S. 335 (1963)*, Anyone charged with a serious criminal offense has the right to an attorney and the state must provide one if they are unable to afford legal counsel
• Escobedo v. Illinois 378 U.S. 478 (1964)*, a person in police custody has the right to speak to an attorney
• Miranda v. Arizona (and Westover v. United States, Vignera v. New York, and California v. Stewart) 384 U.S. 436 (1966)*, police must advise criminal suspects of their rights under the constitution

• Abington School Dist. v. Schempp (and Murray v. Curlett) 374 U.S. 203 (1963)*
• Adarand Constructors v. Pena 515 U.S. 200 (1995)*
• Agostini v. Felton 96-552, 96-553, 117 S.Ct. 1997, 138 L.Ed.2d 391 (1997)*
• Barnes v. Glen Theatre, Inc. 501 U.S. 560 (1991)* nude dancing is not protected by the First Amendment
• Bowers v. Hardwick 478 U.S. 186 (1986)* a state may declare the private practice in one's bedroom of certain sex acts to be a crime; ironically this statute that was upheld by the U.S. Supreme Court was later struck down by the Georgia State Supreme Court in the case of Powell v. Georgia (Actually Powell v. State). UPDATE in 2003, the Supreme Court would revisit the Bowers decision and effectively overturn it in Lawrence v. Texas.
• Brandenburg v. Ohio 395 U.S. 444 (1969)*
• Church of Lukumi Babalu Aye v. City of Hialeah 508 U.S. 520 (1993)*
• City of Boerne v. Flores, Archbishop of San Antonio 95-2074, 117 S.Ct. 2157, 138 L.Ed.2d 624 (1997)*
• Clinton v. Jones 95-1853 (1997)*
• Cohen v. California 403 U.S. 15 (1971)*
• Craig v. Boren 429 U.S. 190 (1976)*
• Cruzan v. Director, Missouri Dept. of Health 497 U.S. 261 (1990)*
• Furman v. Georgia 408 U.S. 238 (1972)*, the method then in effect for imposing the death penalty is unconstitutional
• Frontiero v. Richardson 411 U.S. 677 (1973)*
• Gregg v. Georgia 428 U.S. 153 (1976)*
• Griswold v. Connecticut 381 U.S. 479 (1965)* unmarried adults are entitled to use contraception and making it a crime to sell them to same is unconstitutional
• Heart of Atlanta Motel, Inc. v. United States 379 U.S. 241 (1964)*, the Federal Civil Rights Act of 1964 can be applied to a place of public accomodation, prohibiting discrimination against negroes
• Hurley v. Irish American Gay Group of Boston 94-749, 515 U.S. 557 (1995)* excluding a gay group from a public parade merely because the state doesn't like their opinion is unconstitutional
• Hustler Magazine v. Falwell 485 U.S. 46 (1988)* a public figure shown in a parody must show actual malice to claim he is libelled
• Jones v. Mayer Co., 392 U.S. 409 (1968)*, The federal government may prohibit discrimination in housing by private parties under the Civil Rights Act of 1968
• Jurek v. Texas 428 U.S. 262 (1976)*, a "three-pronged" test for determining if the death penalty should be imposed is constitutional
• Katz v. United States 389 U.S. 347 (1967)*
• Katzenbach v. McClung 379 U.S. 294, 379 U.S. 802 (1964)*
• Lawrence v. Texas___ U.S. ___,* 02-102 (June 26, 2003) Texas law that prohibits gays from engaging in consentual sodomy in private was unconstitutional because it did not prohibit heterosexuals from engaging in the very same conduct.
• Lee v. Weisman 505 U.S. 577 (1992)*
• Loving v. Virginia 388 US 1, 18 L ed 2d 1010, 87 S Ct 1817 (1967)*, laws that prohibit marriage between races (anti-miscegenation statutes) are unconstitutional
• Miller v. California 413 U.S. 15 (1973)* To be obscene, a work must fail several tests to determine its value to society, essentially having "no redeeming social value" to be so declared
• New York Times v. Sullivan (and Abernathy v. Sullivan) 376 U.S. 254 (1964)* A public official, to prove they were libelled, must show not only that a statement is false, but that it must have been published with malicious intent
• New York Times v. United States 403 U.S. 713 (1971)* Government's desire to keep so-called "Pentagon Papers" classified is insufficient to overcome 1st Amendment hurdle
• Planned Parenthood of Pennsylvania v. Casey 505 U.S. 833 (1992)* PA's abortion law is unconstitutional and Roe v. Wade is still valid precedent
• Printz v. United States (PRINTZ, SHERIFF/CORONER, RAVALLI COUNTY, MONTANA v. UNITED STATES) 95-1478, 521 U.S. 98 (1997)* Brady Act requiring state official to execute a federal law (in doing background checks for gun ownership) is unconstitutional
• Proffitt v. Florida 428 U.S. 242 (1976)* Requirement of comparison of mitigating to aggravating factors to be used to impose death sentence is constitutional
• Regents of the University of California v. Bakke 438 U.S. 265 (1978)* Race-Based set-asides in educational opportunities violate the Equal Protection Clause of the Constitution
• Reno v. ACLU 96-511 1997 * The Commmunications Decency Act, regulating certain content on the Internet, is so overbroad as to be an unconstutional restraint on the First Amendment
• Roberts v. Louisiana 428 U.S. 325 (1976), 431 U.S. 633 (1977)* Mandatory death sentences are unconstitutional
• Roe v. Wade 410 U.S. 113 (1973)* Most restrictions on 1st Trimester abortion are unconstitutional
• Romer v. Evans 94-1039, 116 S. Ct. 1620 (1996)* Law prohibiting granting homosexuals protection against discrimination violates equal protection clause
• Rosenberger v. University of Virginia 94-329, 515 U.S. 819 (1995)* University can't fund sectarian groups from student dues, then exclude religious ones that also qualify
• Roth v. United States (and Alberts v. California) 354 U.S. 476 (1957)* Obscene material is not protected by the First Amendment
• San Antonio Independent School District v. Rodriguez 411 U.S. 1 (1973)* use of property tax as means to finance public education is constitutional
• South Dakota v. Dole 483 U.S. 203 (1987)* Withholding of Federal highway funds to force state to raise drinking age to 21 is permissible
• Texas v. Johnson 491 U.S. 397 (1989)* Law prohibiting burning of the American flag is unconstitutional as violating the First Amendment
• Tinker v. DesMoines Ind. Comm. School Dist. 393 U.S. 503 (1969)* Wearing armbands is a legitimate form of protest under the First Amendment
• U.S. Term Limits v. Thornton 93-1456, 93-1828 (1995)* State law cannot set term limits on members of Congress
• United States v. Lopez 93-1260, 514 U.S. 549 (1995)* The Commerce Clause of the Constitution does not give Congress the power to regulate guns in state-operated schools
• United States v. Nixon 418 U.S. 683 (1974)* The President of the United States is not above the law
• United States v. Virginia 94-1941 (1996)* Virginia Military Institute, as a state-operated institution, cannot exclude women
• Vacco v. Quill 95-1858 (1997)* New York's prohibition on assisting suicide does not violate the Equal Protection Clause
• Vernonia School District v. Acton 94-590 (1995)* Schools may require random drug testing
• Washington v. Glucksberg 96-110 (1997)* Washington's prohibition on assisting suicide is constitutional
• Wisconsin v. Yoder 406 U.S. 205 (1972)* Parents may remove children from public school for religious reasons
• Woodson v. North Carolina 428 U.S. 280 (1976)* North Carolina's mandatory death sentence statute violates the Eight and Fourteenth Amendments