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Freedom of speech, Gitlow vs New York
-In 1919 Gitlow was arrested for distributing a “Left Wing Manifesto" that argued for socialism through strikes and lawsuits or overthrowing the government. He was punished under the Criminal Anarchy Law. -
Assembly, De Jonge vs Oregon
-Dirk De jonge was in a meeting with a communist party addressing the conditions of jail in the country and a maritime strike in Portland. While he was there police raided it De Jonge was arrested and charged with violating the State’s syndicalism statue. Which is a law advocating for violence or sabotage with the intention of political change or revolution. -
Freedom of religion was made an amendment through the Establishment clause and the Free Exercise clause.
-Engel vs Vitale
This case was made because in schools they implemented a voluntary prayer in the mornings. But a group of organizations thought that it violated part of the First Amendment, the Established Clause. -
Right to counsel, Gideon Vs Wainwright
Gideon was charged with breaking and entering in 1932. When he arrived in court without a lawyer he asked if one could be appointed to him. The court denied Gideon because the circumstances in Florida required the case to be more severe in order to have a lawyer appointed. He ended up representing himself and was later found guilty. When he tried to fight back referencing habeas corpus he was denied relief. -
Self incrimination, Miranda Vs Arizona
Ernesto Miranda was arrested in his house by police to be questioned about a kidnapping and rape that happened. After a two hour investigation he confessed to the crime on paper. The confession was brought to court even though the officers had not told Miranda his right to have a lawyer present during investigation. -
Katz vs United States
The court found that Katz was transmitting gambling information to other states. He was arrested because the government found out through a telephone booth recording that he was transporting the information. He was later charged under eight counts of indictment for illegal transmissions spreading from Los Angeles all the way to Miami. Katz fought against his conviction, on appeal, saying the court could not use the recordings as evidence and was denied. -
Double Jeopardy, Benton vs Maryland
Benton was charged with burglary and larceny in Maryland. After he was found guilty of burglary he was sentenced to ten years in prison. His case was remanded after he won his appeal and Benton chose to confront a new grand jury They found him guilty for both burglary and larceny -
In 1958 a couple was beaten to death during a break in. Later, police arrested Silas Manning and Willie Barker. Manning's trial seemed more important to the court in order to convict Barker because of his testimony though Barker's trial was first. Manning was tried 5 times leading to a long trial for Barker. When Manning was convicted in 1962 Barker had been out on bail for 4 years. His trial was set for March 1963 but the state pushed it back to October where Barker was ultimately convicted.
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Cruel and Unusual Punishment, Furman vs Georgia
While burglarizing a home in Georgia, Furman tripped and fell causing the gun he was carrying to go off. The bullets from the shot and killed one of the owners. Furman was charged with murder and put to death even though he didn’t mean for the gun to go off. -
Anthony Heller was a police officer who was one of the few people allowed to carry a loaded handgun on duty. When he tried to get a license to have a weapon at home he was denied. He sued the District of Columbia arguing that they were violating his second Amendment right to keep a gun without a license. After Heller was dismissed the Court of Appeals said that D.C. was violating rights because if legally owned firearms have to be nonfunctional, people cannot use them for self-defense.