Doe No. 1 v. Backpage.com, LLC

McCulloch v. Maryland

17 U.S. (4 Wheat.) 316 (1819)

Upheld the constitutionality of the Second Bank of the United States under the Necessary and Proper Clause and held that states cannot tax federal institutions. Chief Justice Marshall established a broad interpretation of congressional power, declaring that the federal government possesses implied powers beyond those enumerated in the Constitution.

Gibbons v. Ogden

22 U.S. (9 Wheat.) 1 (1824)

Held that the Commerce Clause grants Congress broad power to regulate interstate commerce, including navigation. States cannot grant monopolies that interfere with congressionally authorized interstate trade. Established the foundation for federal regulatory power over economic activity crossing state lines.

Lochner v. New York

198 U.S. 45 (1905)

Struck down a New York law limiting bakery workers to a 60-hour work week, holding it violated the Fourteenth Amendment's protection of liberty of contract. Inaugurated the 'Lochner era' of aggressive judicial review of economic regulations, which lasted until the late 1930s. Now widely criticized as judicial overreach.

Schenck v. United States

249 U.S. 47 (1919)

Upheld the Espionage Act conviction of a man distributing anti-draft leaflets during World War I. Justice Holmes introduced the 'clear and present danger' test for limiting free speech, stating that 'the most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre.' The clear and present danger test was later replaced by the Brandenburg incitement test.

Gideon v. Wainwright

372 U.S. 335 (1963)

Unanimously held that the Sixth Amendment right to counsel is a fundamental right incorporated against the states through the Fourteenth Amendment. States must provide attorneys for criminal defendants who cannot afford them. Clarence Earl Gideon, who had represented himself and lost, was acquitted at retrial with appointed counsel.