伯格時期美國最高法院案例列表

這是一個美國最高法院首席大法官沃倫·厄爾·伯格 (1969年6月23日 - 1986年9月26日)任職期間依時間順序排列的案例列表。

## 1970–1979

案件名

引用

簡介

首席大法官沃倫·厄爾·伯格（1969年6月23日）負責的案件

Anderson's-Black Rock, Inc. v. Pavement Salvage Co.

396

standard of nonobviousness in United States patent law

Alexander v. Holmes County Board of Education

396

delays in school desegregation

Goldberg v. Kelly

397

procedural due process, hearing requirement

In re Winship

397

when a juvenile is charged with an act which would be a crime if committed by an adult, every element of the offense must be proved beyond a reasonable doubt

沃勒訴佛羅里達州案

397

collateral estoppel as applied to the same factual situation in criminal trials, double jeopardy

阿什訴斯文森案

397

於上方的沃勒訴佛羅里達州案相似

Walz v. Tax Commission of the City of New York

397

tax exemption for churches

Rowan v. U. S. Post Office Dept.

397

addressees have unreviewable discretion to refuse further mail from a given sender; senders don't have a Constitutional right to send keep someone on a mailing list for unwanted mail

威廉士訴佛羅里達州案

399

12人陪審團

北卡羅萊納州訴奧爾福德案

400

guilty plea in criminal case

俄勒岡州訴米切爾案

400

age and voting rights in state elections

麻薩諸塞州訴萊爾德案

400

Court declined to hear a case related to the Constitutionality of the Vietnam War

Baird v. State Bar of Arizona

401

states cannot ban people from legal practice due to Communist party membership

In re Stolar

401

a state cannot require bar applicants to list every organization he or she belonged to since starting law school--decided same day as Baird v. State Bar of Arizona

Younger v. Harris

401

abstention doctrine

Citizens to Preserve Overton Park v. Volpe

401

judicial review of administrative agency actions

格里格斯訴杜克能源公司案

401

employment discrimination; disparate effect of employer practices

Haywood v. National Basketball Association

401

Sherman Antitrust Act applied to the NBA

Swann v. Charlotte-Mecklenburg Board of Education

402

use of busing for school desegregation

理查森訴佩拉萊斯案

402

physicians' written reports of medical examinations of a disability claimant could constitute "substantial evidence" supportive of finding nondisability under the Social Security Act.

加利福尼亞州訴拜爾斯案

402

Statute requiring drivers to provide personal information at the scene of an accident does not infringe on one's Fifth Amendment privilege against self-incrimination

United States v. Thirty-seven Photographs

402

Constitutionality of ban on importation of obscene material

Coates v. Cincinnati

402

criminal offenses on sidewalk

科恩訴加利福尼亞州案

403

言論自由

Bivens v. Six Unknown Named Agents

403

implied right of action in the Fourth Amendment

Lemon v. Kurtzman

403

laws without a secular purpose violate the Establishment Clause

克萊訴合眾國案

403

Since the Appeal Board gave no reason for the denial of a conscientious objector exemption, petitioner's conviction must be reversed

紐約時報訴合眾國案

403

freedom of the press, national security, Pentagon Papers

里德訴里德案

404

extended Fourteenth Amendment rights to women

帕里西訴戴維森案

405

conscientious objector status

Papachristou v. Jacksonville

405

vagrancy ordinance held void for vagueness

Federal Trade Commission v. Sperry & Hutchinson Trading Stamp Co.

405

FTC may act against a company’s 「unfair」 business practices even though the practice is not an antitrust violation

夏威夷州訴加利福尼亞標準石油公司案

405

states cannot sue for general economic damage due to violation of antitrust laws

Cruz v. Beto

405

free exercise of religion while in prison custody

Commissioner v. First Security Bank of Utah, N.A.

405

tax reporting for banks prohibited from doing insurance business

艾森斯塔特訴貝爾德案

405

privacy, birth control

Sierra Club v. Morton

405

standing in cases in which plaintiffs assert interest in aesthetic or recreational interest in property (in this case, Mineral King area)

威斯康星州訴尤德案

406

宗教自由，高中教育

阿波達卡訴俄勒岡州案

406

state juries may convict a defendant by less than unanimity

傑克遜訴印第安納州案

406

indefinite detention of a defendant incompetent to stand trial violates due process and equal protection

Aikens v. California

406

mootness in a death penalty case

The Bremen v. Zapata Off-Shore Company

407

enforceability of a forum selection clause

Fuentes v. Shevin

407

Opportunity to be heard

賓夕法尼亞州訴紐約州案

407

state of escheat for unclaimed money orders

Flood v. Kuhn

407

baseball and antitrust regulation

美國訴美國聯邦地方法院

407

憲法第十四修正案，Search and seizure，搜查證，竊聽器

巴克訴溫格案

407

Sixth Amendment and speedy trial

勞埃德公司訴坦納案

407

憲法第一修正案；私有財產／權利

萊爾德訴泰特姆案

408

freedom of speech rights cannot be chilled by the mere existence of government surveillance and data gathering

Kois v. Wisconsin

408

nude photographs accompanying and rationally related to a newspaper story are entitled to Constitutional free press protection

弗曼訴喬治亞州案

408

death penalty is cruel and unusual punishment under the Eighth Amendment; overruled by Gregg v. Georgia

Board of Regents v. Roth

408

procedural due process in firing non-tenured professor

Perry v. Sindermann

408

憲法第一修正案; de facto professor tenure

Gravel v. United States

408

protection offered by the Speech or Debate Clause to non-legislative activity

Branzburg v. Hayes

408

First Amendment; grand jury, journalists』 rights

克萊因丁斯特訴曼德案

408

U.S. Attorney General's power to deny persons entry to the United States

Gottschalk v. Benson

409

Computer algorithms not considered patentable subject matter

布朗斯頓訴合眾國案

409

Literally truthful statements under oath cannot be prosecuted as perjury even if intent was to mislead questioner

美國訴迪奧尼西奧案

410

Compelled production of voice samples and the Fourth and Fifth Amendment.

United States v. Mara aka Marasovich

410

Compelled production of handwriting samples.

United States v. Glaxo Group Ltd.

410

when a patent is directly involved in an antitrust violation, the Government may challenge the validity of the patent

羅訴韋德案

410

婦女墮胎權被承認

Doe v. Bolton

410

流產限制

United States v. Florida East Coast Railway Co.

410

due process right to a hearing when administrative rules are to be changed

San Antonio Independent School Dist. v. Rodriguez

411

同等保護，教育

Mescalero Apache Tribe v. Jones

411

州對印第安人徵稅

McClanahan v. Arizona State Tax Comm'n

411

Indian taxation by states

美國訴羅素案

411

Active government agent involvement in criminal conspiracy does not constitute entrapment; Rehnquist inadvertently creates possible "outrageous government conduct" standard.

弗龍訴理查森案

411

equal protection, gender discrimination in military dependency regulation

Gagnon v. Scarpelli

411

probation hearings and due process

McDonnell Douglas Corp. v. Green

411

standard of proof in employment discrimination cases

Schneckloth v. Bustamonte

412

Voluntary searches are permissible without the knowledge to refuse them

United States v. Students Challenging Regulatory Agency Procedures (SCRAP)

412

standing to sue

米勒訴加利福尼亞州案

413

freedom of speech, Miller test for obscenity

United States v. 12 200-ft. Reels of Film

413

ban on importing obscene material stands but material to be re-evaluated under Miller test

Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations

413

freedom of the press, discriminatory commercial speech in classified advertising

諾伍德訴哈里森案

413

equal protection does not require equal state assistance to public and private schools and forbids assistance to private schools that discriminate on the basis of race

Broadrick v. Oklahoma

413

overbreadth of Oklahoma statute forbidding political activities by state employees

Espinoza v. Farah Mfg. Co.

414

employers can refuse to hire foreign citizens without violating their civil rights

North Dakota State Board of Pharmacy v. Snyder's Drug Stores, Inc.

414

Court upholds North Dakota pharmacy ownership statute against substantive due process attack

Lau v. Nichols

414

foreign-language education and discrimination under the Civil Rights Act of 1964

Cleveland Board of Education v. LaFleur

414

Overly restrictive maternity leave regulations in public schools violate the Due Process Clause of the Fourteenth Amendment.

施萊辛格訴霍爾茨曼案

414

presidential war power

美國訴馬特洛克

415

Fourth Amendment, Search and seizure, "co-occupant consent rule"

Morton v. Ruiz

415

administrative law, Bureau of Indian Affairs improperly limited eligibility for general assistance benefits

詹森訴羅賓遜案

415

different benefits for combat veterans and conscientious objectors does not violate equal protection or the free exercise clause

愛德曼訴喬丹案

415

Eleventh Amendment and disability payments

斯托勒訴布朗案

415

political campaign laws

Village of Belle Terre v. Boraas

416

upholding a zoning ordinance which prevented multiple unrelated people from living together

DeFunis v. Odegaard

416

mootness

Bob Jones University v. Simon

416

A private university, notified by the IRS, about a new policy of denying tax-exempt status for private schools with racially discriminatory admissions policies. Petitioner sued for injunctive relief to prevent revocation

Geduldig v. Aiello

417

Denial of benefits for work loss resulting from normal pregnancy does not violate the Equal Protection Clause

Morton v. Mancari

417

hiring preferences given by Congress to Native Americans at the Bureau of Indian Affairs are not violative of the Due Process Clause of the Fifth Amendment.

Commissioner v. Idaho Power Co.

418

Income tax, capitalization of costs related to acquisition of capital assets

詹金斯訴喬治亞案

418

obscenity; motion picture Carnal Knowledge

Miami Herald Publishing Co. v. Tornillo

418

言論自由

Gertz v. Robert Welch, Inc.

418

First Amendment and defamation—narrowing New York Times v. Sullivan

美國訴尼克森案

418

司法重審，行政特權，三權分立

米利肯訴布拉德利案

418

segregation, busing

泰勒訴路易斯安那州案

419

women cannot be excluded from a jury pool, overturning Hoyt v. Florida

Goss v. Lopez

419

Due process in suspending a student from school

NLRB v. J. Weingarten, Inc.

420

The Weingarten rights--rights of union members facing disciplinary proceedings

萊夫科維茨訴紐森案

420

guilty pleas in state court and federal habeas corpus proceeding

United States v. Feola

420

mens rea requirement for conspiracy is no greater than that for the substantive crime

Schlesinger v. Councilman

420

scope and jurisdiction of courts martial

Stanton v. Stanton

421

different ages of majority in the context of child support did not pass rational basis review regarding equal protection

Dunlop v. Bachowski

421

司法權利河司法重審

美國訴帕克案

421

criminal liability of chief executive officer of a corporation for the misdeeds of the company

Blue Chip Stamps v. Manor Drug Stores

421

private damages actions under Rule 10b-5 is confined to actual purchasers or sellers of securities

比奇洛訴維吉尼亞案

421

First Amendment and commercial speech

Cort v. Ash

422

election law, implied cause of action

Erznoznik v. City of Jacksonville

422

city ordinance prohibiting the showing of films containing nudity by a drive-in theater violated First Amendment

City of Richmond v. United States

422

A case that limited Richmond, Virginia's right to annex land from surrounding counties

Warth v. Seldin

422

law of standing

美國訴佩爾蒂埃案

422

Exclusionary Rule Not Applicable when officer relied on statute subsequently ruled unconstitutional

O'Connor v. Donaldson

422

institutionalization of a non-dangerous mentally ill person

Faretta v. California

422

criminal defendants have the constitutional right to refuse counsel

United States v. Brignoni-Ponce

422

The Fourth Amendment requires reasonable suspicion for border patrol agents to stop vehicles near the border and ask about citizenship and immigration status; apparent Mexican ancestry does not qualify

羅斯訴洛克案

423

vagueness of a law against cunnilingus

Rizzo v. Goode

423

federalism and injunctions against city officials

Buckley v. Valeo

424

First Amendment and campaign finance reform

馬修斯訴埃爾德里奇案

424

procedural due process for termination of Social Security benefits

Imbler v. Pachtman

424

immunity of prosecutors when acting within their official capacity

Time, Inc. v. Firestone

424

rights of the media and public figures in defamation suits

Colorado River Water Conservation District v. United States

424

Abstention doctrine

丹恩訴約翰斯頓案

425

early case on the patentability of Business method patent

Hills v. Gautreaux

425

第五憲法修正案河1964年人權法案

Hampton v. United States

425

entrapment and drug distribution

埃斯特爾訴威廉士案

425

trying a criminal defendant while he is clad in prison garb violates due process

Virginia State Pharmacy Board v. Virginia Citizens Consumer Council

425

commercial speech—advertising prescription drug prices

華盛頓訴戴維斯案

426

equal protection

Bryan v. Itasca County

426

State taxation of Indians

TSC Industries, Inc. v. Northway, Inc.

426

materiality of false or misleading statements in proxy statements under the Securities Exchange Act of 1934

Kleppe v. New Mexico

426

protection of animals on land held by the Bureau of Land Management

多伊爾訴俄亥俄州案

426

impeaching a defendant with his silence in response to the warnings required by Miranda v. Arizona violates the Fifth Amendment

Serbian Orthodox Diocese v. Milivojevich

426

judicial determination of internal disputes of church governance violates the Establishment Clause

Hughes v. Alexandria Scrap Corp.

426

"market participant exception" to the Dormant Commerce Clause

National League of Cities v. Usery

426

Tenth amendment sufficient to invalidate federal Fair Labor Standards Act; overruled by Garcia v. San Antonio Metropolitan Transit Authority

Young v. American Mini Theatres

427

upholding Detroit's ordinance regulating location of adult-oriented businesses

Runyon v. McCrary

427

申請私人學校時的種族歧視

New Orleans v. Dukes

427

equal protection does not limit a state's regulatory power regarding grandfather clauses

Fitzpatrick v. Bitzer

427

limitations imposed by the Eleventh Amendment on damages paid by states under Title VII

Nebraska Press Association v. Stuart

427

standards for regulating publicity in advance of a criminal trial

Planned Parenthood of Central Missouri v. Danforth

428

constitutionality of various abortion regulations; the first such challenge after Roe v. Wade

Gregg v. Georgia

428

capital punishment does not per se violate the Eighth Amendment

伍德森訴北卡羅萊納州案

428

mandatory death penalties and capital punishment

South Dakota v. Opperman

428

searching an impounded vehicle is permissible under the Fourth Amendment

美國訴賈尼斯案

428

the exclusionary rule does not apply in civil forfeiture proceedings

斯通訴鮑威爾案

428

violations of the exclusionary rule may not be asserted in federal habeas corpus proceedings

United States v. Martinez-Fuerte

428

routine stops of vehicles entering the United States made by the Border Patrol do not violate the Fourth Amendment

埃斯特爾訴甘博案

429

deliberate indifference to prisoner medical needs is required to make out a violation of the Eighth Amendment

克雷格訴博倫案

429

sex discrimination in drinking ages

Arlington Heights v. Metropolitan Housing Corp.

429

discriminatory intent required to make out a violation of the Equal Protection Clause

Mount Healthy City School District Board of Education v. Doyle

429

retaliatory adverse employment action that rises to the level of a constitutional violation and 42 U.S.C. § 1983

惠倫訴羅伊案

429

The NY Controlled Substances Act's requirement that doctors send a copy of prescriptions to the state department of health did not violate privacy rights

Califano v. Goldfarb

430

differing Social Security benefits for widows and widowers violates equal protection

Complete Auto Transit, Inc. v. Brady

430

constitutional requirements for imposing state business privilege taxes on out-of-state corporations

布魯爾訴威廉士案

430

Sixth Amendment requires criminal defendants to have counsel during police interrogation conducted after indictment

Ingraham v. Wright

430

corporal punishment of public school students

伍利訴梅納德案

430

State cannot compel citizens to display the state motto upon their vehicle license plates

Bounds v. Smith

430

the right of prisoners to access the courts requires prisons to furnish legal assistance

Linmark Associates, Inc., v. Township of Willingboro

431

municipality's ban on real estate signs unconstitutionally inhibited commercial speech

Abood v. Detroit Board of Education

431

compelling nonunion members to support union political activities violates the First Amendment

Moore v. City of East Cleveland

431

zoning ordinances forbidding extended families to live in the same house violate due process

Carey v. Population Services International

431

availability of contraceptives to girls under the age of 16

National Socialist Party of America v. Village of Skokie

432

procedure to be afforded those denied the right to march

Hunt v. Washington State Apple Advertising Commission

432

Dormant Commerce Clause

比爾訴多伊案

432

right of a state to restrict use of federal funds for abortion

美國訴查德威克案

433

warrantless search of double-locked luggage just placed in the trunk of a parked vehicle is not justified under the automobile exception to the Fourth Amendment

Shaffer v. Heitner

433

quasi in rem jurisdiction and minimum contacts

Bates v. State Bar of Arizona

433

First Amendment constraints on advertising by lawyers

Nixon v. Administrator of General Services

433

papers of President Nixon

Zacchini v. Scripps-Howard Broadcasting Co.

433

First Amendment limitations on suits for invasion of privacy

科克爾訴喬治亞案

433

death penalty for rape unconstitutional under the Eighth Amendment

Commissioner v. Kowalski

433

taxation of meals furnished by an employer. 1In this case, the Court interpreted Internal Revenue Code §119(a)-(b)(4) and (d) and Treas. Reg. §1.119-1

Pennsylvania v. Mimms

434

applying Terry v. Ohio to passengers in an automobile

摩爾訴伊利諾州案

434

Sixth Amendment requires a criminal defendant to counsel at a lineup conducted after being indicted

Browder v. Director, Department of Corrections

434

federal courts of appeals lack jurisdiction to hear untimely filed appeals

Pfizer, Inc. v. Government of India

434

foreign nations, who may sue in federal court, may also obtain triple damages for violations of the Clayton Act

Bordenkircher v. Hayes

434

prosecutors may threaten defendants with more serious charges in order to induce a guilty plea

Zablocki v. Redhail

434

marriage as a fundamental right

Oliphant v. Suquamish Indian Tribe

435

Indian tribal courts do not have inherent criminal jurisdiction to try and to punish non-Indians

Ballew v. Georgia

435

juries in criminal trials may not have fewer than six members

Lakeside v. Oregon

435

Jury instructions regarding the right against self incrimination and refusal to testify

Stump v. Sparkman

435

司法豁免

Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.

435

judicial deference to government agencies

Frank Lyon Co. v. United States

435

ownership of realty in sale-leaseback for tax deduction for depreciation purposes.

McDaniel v. Paty

435

qualification of ministers to hold political office

Elkins v. Moreno

435

in-state tuition at state universities for non-citizen students

First National Bank of Boston v. Bellotti

435

First Amendment and corporate political contributions

Landmark Communications, Inc. v. Virginia

435

press freedom in judicial discipline proceedings

Santa Clara Pueblo v. Martinez

436

sovereign immunity of Indian tribes

Flagg Bros., Inc. v. Brooks

436

upholding section of New York Uniform Commercial Code permitting repossession of goods by warehouse

Baldwin v. Fish and Game Commission of Montana

436

affirmed the right of the state of Montana to charge higher fees for out of state elk hunters

泰勒訴肯塔基州案

436

instructing the jury in a criminal trial on the presumption of innocence and the meaning of proof beyond a reasonable doubt

Ohralik v. Ohio State Bar Association

436

state regulation of in-person soliciation of clients by lawyers

Zurcher v. Stanford Daily

436

standards for issuing search warrants to third parties; special First Amendment protections for the press in keeping evidence of possible crimes

Monell v. Department of Social Services

436

liability of municipal officials for violations of constitutional rights; they are not liable for merely employing the person who violated the person's rights, and do not enjoy absolute immunity for their actions

Exxon Corp. v. Governor of Maryland

437

Dormant Commerce Clause and state petroleum regulation

Tennessee Valley Authority v. Hill

437

interpretation of the Endangered Species Act

Owen Equipment & Erection Co. v. Kroger

437

joinder and diversity jurisdiction

Mincey v. Arizona

437

Fourth Amendment does not provide a "murder scene exception" to the warrant-and-probable-cause requirement

Parker v. Flook

437

Algorithms and patent law

City of Philadelphia v. New Jersey

437

Dormant Commerce Clause prohibits banning importation of trash into a state

Duke Power Co. v. Carolina Environmental Study Group

438

constitutionality of Price-Anderson Nuclear Industries Indemnity Act

Penn Central Transportation Co. v. New York City

438

substantive due process, taking clause, landmarks preservation

弗蘭克斯訴德拉瓦州案

438

challenging false statements made in support of issuing a search warrant

Regents of the University of California v. Bakke

438

racial discrimination, affirmative action

Lockett v. Ohio

438

mitigating evidence required by the Eighth Amendment in capital sentencing proceedings

FCC v. Pacifica Foundation

438

obscenity, FCC policing of obscenity

Rakas v. Illinois

439

asserting the Fourth Amendment rights of third persons

Marquette Nat. Bank of Minneapolis v. First of Omaha Service Corp.

439

State anti-usury laws cannot be enforced against nationally-chartered banks located out of state

Parklane Hosiery Co, Inc. v. Shore

439

preclusion doctrine

Colautti v. Franklin

439

Pennsylvania's Abortion Control Act held void for vagueness

Thor Power Tool Company v. Commissioner

439

Income tax in the United States; depreciation of a publisher's inventory

Hisquierdo v. Hisquierdo

439

dividing federal railroad retirement benefits under state community property laws

斯科特訴伊利諾斯州

440

Sixth Amendment right to counsel applies only to crimes for which the actual penalty is imprisonment

Nevada v. Hill

440

states are not immune from suit in the courts of other states

National Labor Relations Board v. Catholic Bishop of Chicago

440

the National Labor Relations Act does not extend to teachers employed by church-operated schools

New York City Transit Authority v. Beazer

440

Civil Rights Act of 1964 and legality of discrimination against methadone users

Delaware v. Prouse

440

Fourth Amendment forbids stopping a motorist to check for a driver's license in the absence of reasonable suspicion to believe the driver has violated a traffic law

美國訴卡塞雷斯案

440

Fourth Amendment does not require exclusion of evidence seized in violation of governmental regulation

Burch v. Louisiana

441

at a criminal trial, a six-member trial must be unanimous

Addington v. Texas

441

involuntarily committing a person to a mental hospital requires a clear and convincing standard of proof

United States v. 564.54 Acres of Land

441

Takings Clause only requires payment of fair market value to landowner

Bell v. Wolfish

441

rights of accused persons being held in prison pending trial.

Cannon v. University of Chicago

441

gender discrimination, implied cause of action

Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex

442

due process liberty interest in parole

Personnel Administrator of Massachusetts v. Feeney

442

government employment preferences for veterans do not constitute sex discrimination

Torres v. Puerto Rico

442

Fourth Amendment applies to Puerto Rico

Sandstrom v. Montana

442

instructing the jury on the burden of proof in criminal trials

Wilson v. Omaha Tribe

442

federal law governs an Indian tribe's right of possession to land

Califano v. Yamasaki

442

procedural due process and the Social Security Act

Fare v. Michael C.

442

invocation of the Miranda rights by asking for a probation officer

史密斯訴馬里蘭州案

442

leaves call detail records outside the protection of the Fourth Amendment.

Arkansas v. Sanders

442

absent exigency, the warrantless search of personal luggage merely because it was located in an automobile lawfully stopped by the police is not justified under the automobile exception to the Fourth Amendment

United Steel Workers of America v. Weber

443

regarding affirmative action, reverse discrimination

Gannett Co. v. DePasquale

443

standing of the press to assert violations of the right to a public trial

Bellotti v. Baird

443

parental notification requirements for abortion are constitutional with a judicial bypass provision

Ybarra v. Illinois

444

a person's mere presence at a place for which the police have a warrant to search does not allow the police to search that person

Goldwater v. Carter

444

justiciability, political question doctrine