Notes: In Benton v. Maryland, the court held that the “double jeopardy” clause was a “fundamental” ideal and is applicable to the states. (Double Jeopardy) Benton was charged with burglary and larceny in a Maryland court. A jury found him not guilty of larceny but guilty of burglary. The double jeopardy prohibition […] The Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own. In Schowgurow the Maryland Court of Appeals struck down a section of the state constitution which required jurors to swear their belief in the existence of God. See Benton v. Maryland, 395 U.S. 784 (1969). Since then, as a result of selective incorporation, almost all criminal process guarantees are applicable to the states. Shortly after his notice of appeal was filed in the Maryland Court on Appeals, that court handed down its decision in the case of Schowgurow v. State, 240 Md. He wants to show you off as more than a … Petty crimes, defined as those punishable by no more than six months in prison and a $500 fine, were not subject to the jury trial provision. the David sculpture, Lolita (a book essentially about pedophilia),and pictures in health books all OK), Woman is raped in college and sues saying attack violates Violence Against Women Act which would lead to a civil settlement, defendants claim law is unconstitutional, SC agrees that the law is unconstitutional as the VAWA is in violation of the Commerce Clause because it does not substantially affect interstate commerce, state's rights victory as it forces a criminal prosecution by the state of Virginia as opposed to a civil settlement by the federal government, Women prohibited from working more than 10 hrs a day, SC says not a violation of 14th Amendment's due process as "physical and social differences between the sexes warranted a different rule respecting labor contracts," sets precedent for using physical differences between the sexes as a basis for separate laws, Newspaper writer accuses local officials of corruption, Minnesota law allows this to be deemed a "nuisance" and therefore stopped, SC rules this violates the First Amendment freedom of the press, strengthens the court's stance against prior restraint and for freedom of the press, Ad in NYT says Martin Luther King arrested as part of a plot to destroy his civil rights advances, police commissioner in Montgomery claims this is personal defamation (libel), SC sides with NYT and protects the freedoms of speech and the press as there was no evidence of actual malice, SC subpoenas Nixon for Oval Office recordings (pertaining to Watergate), Nixon says no because of "executive privilege," SC overrides and says judicial review trumps executive privilege, Nixon forced to turn over tapes and resigns a short while later, weakens the power of the president regarding privacy and contributes directly to Nixon's resignation, executive privilege could not be used to prevent evidence in criminal hearings, Man charged with 1st degree murder, convicted of 2nd degree instead and sentenced to life in prison, appeal leads to new trial convicting of 1st degree and sentenced to death, man says double jeopardy of 5th Amendment, SC says double jeopardy NOT incorporated and allows man to be executed, highlight selective incorporation: not all rights are or can be incorporated, overruled by Benton v Maryland, Regents of the University of California v Bakke (1978), 1st case dealing with constitutionality of affirmative action, had quota system, Supreme Court says violates equal protection, race can be a factor but not the sole factor, Communications Decency Act bans "obscene or indecent" material online, ACLU says violates 1st Amendment rights, SC agrees and strikes down law for being too broad and violating 1st Amendment rights, victory for freedom of speech, Mormons in Utah sue to protect bigamy citing Free Exercise Clause of the 1st Amendment, SC upholds anti-bigamy law as bigamy was judged to be a criminal offense and the Free Exercise Clause could not make it legal, Law prohibits bankers from working more than 60 hrs/week or 10 hrs/day, bankers say violates Due Process of 14th Amendment, SC agrees and strikes down law, upholding freedom of contract and 14th Amendment, states cannot get unreasonably involved in labor laws, Swann v Charlotte-Mecklenburg Board of Education (1971), Schools in North Carolina not desegregating, can federal courts oversee and manage state desegregation, SC ruled yes giving courts much power in correcting past wrongs, 1) plans judged by effectiveness and quotas are OK to start, 2) mostly or entirely black schools required court oversight, 3) attendance zones do not have to connect, 4) no rigid guidelines about busing could be established, grants power to lower courts to help end segregation, Commie rally raided and leader arrested for "criminal syndicalism" (basically organized crime), leader (De Jonge) says law defining criminal syndicalism violates 14th Amendment's Due Process, SC strikes down Oregon law finding it too broad and in violation of 1st Amendment's freedoms of speech and assembly incorporated through the 14th Amendment, Louisiana makes near monopoly in slaughtering business and competitors say this violates 14th Amendment's Due Process and Privileges and Immunities and 13th Amendment's protection from involuntary servitude, SC says no, law not in violation, proceeds to limit Due Process and Privileges and Immunities, weakens power of 14th Amendment, rejects use of Privileges and Immunities clause for incorporation, Suing over gun bans in Illinois, claims violates 2nd Amendment rights, SC incorporates Second Amendment right to bear arms through the Due Process clause of the 14th Amendment, turns case back to district court to determine if Chicago law in violation, applies the Second Amendment to the states, Jehovah's Witnesses working in a Catholic neighborhood offend residents and are arrested for solicitation without a permit and a "breach of the peace," Cantwell claims arrest violates 1st Amendment Free Exercise and freedom of speech, SC agrees saying regulations on solicitations OK except for regulations on religious and that the religious speech was protected as it did not entail a threat of bodily harm, allows for Jehovah's Witnesses to practice as they do across the nation and strengthens 1st Amendment freedoms, Colorado court admits evidence that would be inadmissible in federal court, defendants claim this violates 4th and therefore 14th Amendments, SC rules that 14th Amendment does not limit specific parts of criminal justice and that illegally obtained evidence did not have to always be excluded, citing better ways to prevent unreasonable searches and seizures than excluding evidence, largely invalidated by Mapp v Ohio, Man subpoenaed to Michigan court, one-man grand jury hears his testimony and charges him with contempt of the court and sentences him to 60 days in jail, defendant never able to have a public trial, consult a lawyer, prepare a defense, or call witnesses, defendant says this secrecy violates Due Process of 14th Amendment, SC rules that this is unconstitutional and guarantees the right to a public trial and counsel in all cases, incorporates parts of the Sixth Amendment, 9 black teenagers accused of raping 2 white women, in one day all nine sentenced to death without being able to consult with a lawyer, defendants claim violates Due Process of the 14th Amendment, SC ruled trial unconstitutional and incorporated 6th Amendment right to counsel for capital punishment cases only, Man acquitted of larceny but convicted of burglary and sentenced, new ruling concerning the jurors made the trial unconstitutional, Benton offered retrial and accepts, in new case found guilty of both larceny and burglary, Benton claims double jeopardy, SC agrees and overturns larceny conviction, incorporates 5th Amendment's protection against double jeopardy and makes it apply to the states through the Due Process Clause of the 14th Amendment, Man arrested on gambling charges, pleads guilty but is later asked to testify about gambling, pleads the Fifth but is held in contempt of the court and arrested for refusing to testify, Malloy claims this violates his protection from self-incrimination under the 5th Amendment, SC agrees and incorporates the 5th Amendment's protection from self-incrimination through the Due Process Clause of the 14th Amendment, Man on trial for murder, after conviction court discovers bailiff had told the sequestered jury that the defendant was guilty, man claims this violates 6th Amendment rights, SC agrees and incorporates the impartial jury clause of the 6th Amendment through the Due Process Clause of the 14th Amendment, Black man convicted of murdering a police officer and sentenced to death, cites study saying blacks who kill whites are more likely to get capital punishment and says he was discriminated against, SC says that because he cannot prove he was discriminated against in his own specific trial there was no constitutional violation, so court upholds conviction, without specific evidence general discrimination cannot be assumed to affect a jury, Black man applies to University of Texas Law School, rejected because of race (this was an all-white school) and tried to create separate facility for blacks, man says violates Equal Protection Clause of the 14th Amendment, SC agrees and admits man to university, saying that the black school would have had inferior resources and inadequately prepared the man to be a lawyer, (Note: not the country Canada, this was a man's last name) black man applied to University of Missouri's law school and rejected because of race, no comparable black school in Missouri but state offered to pay tuition in nearby state, SC says this is a violation of the Equal Protection Clause of the 14th Amendment and that man should be admitted because it was the ONLY university in the state so it must accept all races, step towards Brown v Board, Black man denied admission to graduate program in Oklahoma because a law prohibited mixed schools, when forced to admit McLaurin the school isolated him and forced him to use different facilities, SC sides with McLaurin because the situation impaired his ability to learn, Due Process Clause of 14th Amendment, another step towards Brown v Board and desegregation, North Carolina redistricting results in two black majority districts one of which was connected only by an interstate, residents claim gerrymandering violated Equal Protection Clause of the 14th Amendment, SC agreed that irregularly shaped district was unconstitutional and violated Equal Protection, expands federal power in redistricting cases, Man sentenced to death for robbery and murder, claims violates 8th and therefore 14th Amendment's protection from cruel and unusual punishment, SC upholds ruling saying capital punishment is not cruel and unusual if used properly, essentially defends capital punishment's legality throughout the US, Right to Die/Euthanasia case, right to privacy includes right to refuse treatment or act through a power of attorney if incapacitated, Defendant says sodomy laws discriminate against homosexuals, Supreme Court upholds sodomy laws, saying right to sex is not guaranteed in the Constitution, this ruling was struck down by Lawrence v Texas 17 years later, Similar to Baker v Carr, this case is about redistricting, SC rules that legislative districts must have approximately equal populations, "one person, one vote," violates equal protection of 14th Amendment, sets precedent for the federal government to intervene in redistricting making it a federalism case, State of Georgia grants land to companies and then a year later voids the contract, Peck tries to sell the land to Fletcher years later, Fletcher says Peck has no right to sell the land and committed a breach of contract, SC agrees with Peck and upholds contract, says laws annulling contracts or grants are unconstitutional, establishes precedent for respecting the sanctity of legal contracts, New Hampshire tries to make private Ivy League Dartmouth College public, legislation changes the school's charter in an attempt to take over, trustees say this violates the Contract Clause, SC agrees and says the charter is contract between private parties the legislature cannot interfere, defined contract as transactions involving individual property rights, upholds independence of private schools and the sanctity of contracts, Cherokees sue state of Georgia to prevent the Trail of Tears, SC does not recognize as foreign nation and therefore says they have no standing to sue, refuses to hear case, see Worcester v Georgia, Followup to Cherokee Nation v Georgia, this case is about giving rights to Native Americans and preventing discrimination and acts such as the Trial of Tears, SC upholds sovereignty of the Cherokee tribe and says that no individual state has the power to interfere in Native American affairs, President Jackson famously refuses to enforce this and forces them to move anyway, makes federal government only capable of dealing with Native Americans and increases that group's rights and sovereignty. In Benton v. Maryland, the U. S. Supreme Court ruled that the Fifth Amendment's Double Jeopardy Clause is applicable to both state and federal proceedings. The man then fled the store, and Phillips observed him talking to another man at a nearby intersection. (Compulsory Process) Following a jury trial, Jackie Washington was convicted of murder and sentenced to 50 years in prison. 0 majority. Gideon filed a habeas corpus petition in the Florida Supreme Court and argued that the trial court's decision violated his constitutional right to be represented by counsel. 114, 1 Ann.Cas. In a unanimous opinion written by Justice Hugo Black, the Court held that the Sixth Amendment's right of confrontation required Texas to allow Pointer an opportunity to confront Dillard through counsel. The defense objected to the use of the transcript as a denial of Pointer's right to confront a witness. United States Court of Appeals,Ninth Circuit. 02-55941. The trial judge overruled because Pointer was present at the preliminary hearing, and Pointer was convicted of murder. 2056, 2063, 23 L.Ed.2d 707 (1969). That interpretation included a sovereign-specific conception of “offence,” thus only barring a state from itself prosecuting a defendant twice. Some 16 months following his plea, a Superior Court appointed referee ordered Malloy to testify about gambling and other criminal activities in Hartford County. Benton v. Maryland - Oral Reargument - March 24, 1969; Verizon Maryland, Inc. v. Public Service Commission… Verizon Maryland, Inc. v. Public Service Commission… Prison Overcrowding as Impact of Maryland’s War on Drugs; Maryland versus Pringle; Illegal music downloading at the University of Maryland In a 7-to-2 decision, the Court held that the Sixth Amendment guarantee of trial by jury in criminal cases was "fundamental to the American scheme of justice," and that the states were obligated under the Fourteenth Amendment to provide such trials. Decided: June 09, 2003 At trial, the jury could not reach a verdict. There will be a mutual understanding that just because you don't hear back from each other right away doesn't mean anything out of the norm is going on. The Superior Court judge continued the case twice when the state moved for a nolle prosequi with leave. Justice John M. Harlan concurred in the result, but argued that incorporating the Sixth Amendment is not necessary. 1. no prayer in public schools, concerned with establishment clause of the First Amendment, State ban on drugs in religious ceremonies not unconstitutional, free exercise cannot make legal what is illegal, limitations on free exercise must promote the general welfare and not be discriminatory (i.e. Contributor Names Marshall, Thurgood (Judge) Supreme Court of the United States (Author) Lawrence Robinson was convicted under the law, which required a sentence of at least ninety days in jail. Thus, the requirements imposed by the Bill of Rights on the national government apply with equal force to the states. After pleading guilty to pool selling, a misdemeanor, he was sentenced to one year in jail and fined $500, but the sentence was suspended after 90 days and Malloy was placed on two years probation. Gary Duncan, a black teenager in Louisiana, was found guilty of assaulting a white youth by allegedly slapping him on the elbow. (Double Jeopardy) Benton was charged with burglary and larceny in a Maryland court. Browse 500 benton v maryland 1969 classes Griffin v. California, 380 U.S. 609 (1965), was a United States Supreme Court case in which the Court ruled, by a 6-2 vote, that it is a violation of a defendant's Fifth Amendment rights for the prosecutor to comment to the jury on the defendant's declining to testify, or for the judge to instruct the jury that such silence is evidence of guilt.. When determining if state officers properly obtained a confession, one must focus on whether the statements were made freely and voluntarily without any direct or implied promised or improper influence. It was surely the best known Supreme Court in history, and probably the most controversial. Prior to this ruling, an individual accused of violating state law could rely only on that particular state's protection against double jeopardy. The Court noted that almost every state has rejected the Supreme Court of North Carolina's reasoning. Clarence Earl Gideon was charged in Florida state court with a felony: having broken into and entered a poolroom with the intent to commit a misdemeanor offense. BENTON BENTON v. BARNHART. Jeffrey BENTON, on behalf of Lynn BENTON, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee. Palka was arrested in Buffalo, New York, and returned to Connecticut to face charges. Yes. He let me down.When i ask him, he didn't reply anything but put the blame on me. The … Defendant Palko is tried and convicted of murder for a second time after state appeals previous murder conviction on same events. Malloy filed a habeas corpus petition challenging his confinement. The Court also held that the Due Process Clause of the Fourteenth Amendment applies the Sixth Amendment to the states. In Wolf v. Man acquitted of larceny but convicted of burglary and sentenced, new ruling concerning the jurors made the trial unconstitutional, Benton offered retrial and accepts, in new case found … As a result, Benton's larceny conviction was overturned. The thing is, he has a girlfriend. A California statute made it a criminal offense for a person to "be addicted to the use of narcotics." Justice Black described the history of the Sixth Amendment in the Court, writing that the Fourteenth Amendment imposed the right to counsel on the states. Washington claimed that Fuller would testify to these facts, but the prosecution objected based on a state statute that prevented persons charged in the same crime from testifying on behalf of one another. He was found guilty and sentenced to five years in prison. Palko was expressly overruled by Benton v. Maryland, 395 U.S. 784 (1969), which held that the Fifth Amendment’s immunity from double jeopardy applies to the states through the Fourteenth Amendment. chief Justice Warren E. Burger, writing for eight members of the court, reversed the lower court. Duncan was sentenced to 60 days in prison and fined $150. At trial, Washington alleged that Charles Fuller, already convicted for the same murder, actually shot the victim while Washington attempted to stop the shooting. Besides, where's the magic if he says those words but he isn't sincere? He won his appeal on the grounds that the grand jury that indicted him and the petit jury that convicted him were selected unconstitutionally. To ensure the best experience, please update your browser. The Florida Supreme Court denied habeas corpus relief. There is no jurisdictional barrier to such a decision, Benton v. Maryland, 395 U. S. 784 (1969), and the court decided that "no considerations of judicial economy or efficiency have been urged to us that would outweigh the interest of appellant in the opportunity to clear his record of a conviction of a federal felony." In addition, they agree that respondent was put in jeopardy by the proceedings on that information, which resulted in an adjudication that he was guilty of robbery in the first degree and in a sentence of commitment. (Speedy Trial) The State of North Carolina charged Peter Klopfer with criminal trespass when he participated in a civil rights demonstration at a restaurant. It looks like your browser needs an update. Washington was denied that right in this case. Reset A A Font size: Print. CitationPalko v. Connecticut, 302 U.S. 319, 58 S. Ct. 149, 82 L. Ed. The Fifth Amendment to the U.S. Constitution, as applied to the states through the Fourteenth Amendment, provides that no person shall be “subject for the same offense to be twice put in jeopardy of life or limb.” U.S. Const. The Due Process Clause of the 14th Amendment states that local and state governments can not deprived … Oh no! In a 6. to-2 decision, the Court held that laws imprisoning persons afflicted with the "illness" of narcotic addiction inflicted cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. He was sentenced to ten years in prison. United States, 325 U.S. 91, 108 (1945); Jerome v. United States, 318 U.S. 101 (1943). The Texas Court of Criminal Appeals affirmed the conviction. A jury found him not guilty of larceny but guilty of burglary. Now, the Court consistently finds that the original Bill of Rights applies to the states through the Fourteenth Amendment’s due process clause. At trial, Pointer testified on his own behalf, denying his alleged role in the robbery and swearing he had never been in the 7-11 store. Learn Benton v. Maryland with free interactive flashcards. The opinion by Justice Thurgood Marshall was the last major provision of the Bill of Rights to apply to the states by incorporation through the Due Process Clause of the Fourteenth Amendment. The Texas Court of Criminal Appeals affirmed his conviction, rejecting Pointer's claim that the use of the transcript violated his rights under the Sixth and Fourteenth Amendments. Benton v. Maryland, 395 U.S. 784, 795, 89 S.Ct. Federal, state, and local governments provide many programs designed to help meet the nutritional needs of people with low incomes and their families. No. amend. A state appellate court affirmed Robinson's conviction on appeal. Other articles where Benton v. Maryland is discussed: Benjamin Nathan Cardozo: …the Palko ruling, holding in Benton v. Maryland that the rule against double jeopardy was so fundamental to justice as to be a requirement of due process of law. Summary of Case The Due Process Clause of the 14th Amendment was also applied in this case. Justice John M. Harlan concurred in the result, writing that Washington's right to due process was violated, but the compulsory process clause played no role in his decision. The case was remanded and Benton chose to confront a new grand jury. In doing so, Benton expressly overruled Palko v. He was sentenced to ten years in prison. A search of Pointer's person revealed eighty-one dollars in his billfold, and a later search revealed sixty-five dollars hidden in a discarded shoe. It indicted him for larceny and burglary; the petit jury found him guilty of both charges. 42× 42. benton v maryland 1969 Classes. Native Americans cannot smoke marijuana but Rastafarian can would be discriminatory), includes Amish kids getting shots and Native Americans being banned from using traditional hallucinogens, Newspaper tries to print Pentagon Papers (exposé on US war crimes in Vietnam) despite prior restraint and illegally obtained information, Supreme Court allows papers to be printed, huge victory for freedom of the presses, School children try to wear black armbands in protest of Vietnam, school expels them, declared violation of freedom of expression and First Amendment rights, greatly increases power of symbolic speech, Man burns flags and is arrested, Supreme Court rules that state laws banning flag burning are unconstitutional and later strikes down similar federal law (Flag Protection Act of 1989), symbolic speech and First Amendment victory, Citizens United v Federal Election Commission (2009), "Corporations are people too," conservative special interest group sponsors subtle political messages and are stopped by federal regulatory institution, decided that corporations have rights in Bill of Rights including freedom of speech and are outside of the institution's jurisidicition, Precursor to Gitlow v New York, a man handing out antiwar pamphlets is arrested for violating Alien and Sedition Act during WWI, Supreme Court upholds conviction saying that his speech present "clear and present danger", School teacher advocates overthrowing federal government and is fired, court decides that there is a difference between advocacy and teaching of forcible overthrow as an "abstract principle" and actually proposing concrete action, court sides with teacher because defendants were engaging in speech not action, major victory for freedom of speech and First Amendment, National Socialist Party of America v Village of Skokie, Illinois (1977), Neo-Nazis not granted permit to demonstrate in Illinois, ACLU defends, Supreme Court upholds lower court's decision that city violate First Amendment guarantees, victory for freedom of assembly and petition, http://www.youtube.com/watch?v=z75DN5r_6H4, Contraceptive case, Planned Parenthood opens in New Haven against the law, Supreme Court says law banning contraceptives violates rights to privacy, "implied zones" of privacy in Amendments 1,3,4,5,9, The infamous abortion case, legalizes "elective abortion" in first trimester for any reason, allows limitations for second trimester but cannot deny in most cases, states can regulate or outlaw in third trimester except when necessary to preserve health of mother or in cases of rape or incest, Pennsylvania law requiring pre-abortion counseling, waiting period, and parental or judicial consent for minors upheld, strikes down notification of spouse for placing "undue burden" on pregnant women, Rights of the accused, everyone gets a lawyer for every case (right to counsel), indigent man in Florida is not given lawyer in petty larsony case and writes letter to Supreme Court from jail to appeal, ____ Rights, person must be informed of rights before or during arrest, "You have the right to remain silent...", Woman is charged with possession of pornography but illegally searched (no warrant) and her conviction is overturned due to the Exclusionary Rule (no illegally obtained evidence can be used in court no matter how telling), victory for individual rights and limits states rights, Slave lives in free state for a while with master and then sues for freedom, Chief Justice Roger Taney rules that slaves ARE property, the Missouri Compromise was unconstitutional, as slaves are not citizens they have no "standing to sue" (the legal right to bring law suits to court), the Supreme Court is protecting slavery, Establishes principle of judicial review, Chief Justice John Marshall greatly expands power of the Supreme Court, court can declare laws and presidential actions unconstitutional, court can decide whether or not to hear a case, Cannot outlaw evolution, cannot teach creationism because it specifies Christianity, Segregation based on race does NOT violate due process clause of 14th Amendment, facilities must be "separate but equal", Brown v Board of Education of Topeka, Kansas (1954), Thurgood Marshall (attorney for NAACP) says segregated facilities violated equal protection clause of 14th Amendment, Chief Justice Earl Warren agrees saying "separate is inherently unequal", Female lawyer wants right to practice, establishes ordinary scrutiny test, legit to protect role of women as wives and mothers even if it meant denying equal opportunities, In Missouri only men could vote in state elections, court said women were citizens in Missouri but states establish voting rights, the Fourteenth Amendment's privileges and immunities clause did not guarantee suffrage, Estate inheritance, divorcing woman in Idaho can't have her name first on a deed, wins in court, first time rational basis test is used to declare a law unconstitutional, Oklahoma drinking age (girls at 18, boys at 21), boy sues and wins, age raised to 21 for girls, establishes heightened scrutiny test AKA intermediate scrutiny test, Federal court orders desegregation of California schools for Latinos, not previously considered racial group and therefore Civil Rights Act of 1964 did not apply, Mexicans were being forced to go to different schools in Texas, now Mexicans would be applied to Brown v Board because they were not at that time officially recognized as a minority, US government had right to detain Japanese Americans because they presented "clear and present danger," creates strict scrutiny test, Michigan law school affirmative action, race A factor but not the only factor so did not violate equal protection, Undergrad at Michigan, Supreme Court ruled that the undergrad admission at Michigan violated equal protection, Man in Memphis sues based on 60 year late redistricting concerns, SC rules that redistricting suits are justiciable but does not force Tennessee to redraw the district, opens up the court for the later case of Reynolds v Sims, Abington School District v Schmepp (1963), Pennsylvania law required reading a Bible passage in school at the start of each day, SC says unconstitutional because it violates First Amendment's Establishment Clause, prevents the Lord's Prayer or Bible verses from being read regularly in schools, man accused of murder is held and repeatedly refused his right to an attorney during interrogation, SC says this unconstitutional and cites Gideon v Wainwright and the Sixth Amendment right to counsel from the time they become primary suspects, later superseded by Miranda v Arizona, probation officers sue state of Maine for overtime and was repeatedly dismissed, SC rules that Congress cannot use its Article I powers to abridge a state's sovereignty in court, upholds and reinforces the Eleventh Amendment and indirectly the Tenth Amendment, Man tries to use his own money to pay for his campaign, FEC representative tries to limit him to $1000, man sues, SC rules that "limiting individual's contribution to OWN campaign was a violation of First Amendment," essentially money=freedom of speech, Election of 2000, Republican secretary of state refuses to send Democratic representatives to the Electoral College from contested state of Florida, SC ruled that vote counting practices violated the Equal Protection Clause of the 14th Amendment, Bush wins votes and presidency, New Jersey law reimburses parents who send their children to public or private schools using public transportation, SC upholds law using Lemon test, saying such services were separate from the "religious function" of private schools and therefore do not violate the Establishment Clause of the First Amendment, Tries to decide when art is pornography, Chief Justice Warren Burger says must meet four criteria 1) Average person finds it violates contemporary community standards 2) appeals to prurient interest in sex 3) shows patently offensive sexual conduct 4) work lacks serious redeeming literary, artistic, political, or scientific merit (i.e.