Court cases Flashcards
What happened in Engel v. Vitale (1962)
In 1962, the New York board of education allowed schools to hold optional short prayers at the beginning of the school day. An organized group challenged this decision.
In Engel v. Vitale (1962), what constitutional question is the court addressing? What clause does this involve?
It questions if prayer at the beginning of the school day establishes national religion and violates the establishment clause.
Why did the Supreme Court rule 6-1 in Engel v. Vitale (1962)?
The school sponsoring prayers violated the establishment clause, this is because it was made by school administrators who count as government officials. Thus, making it unconstitutional.
What happened in Wisconsin v. Yoder (1972)?
States changed the minimum age requirements for attending school from 14 to 16 (contrasts with the Amish religion). This requires children to attend school past eighth grade and violates parents’ constitutional right to direct the religious upbringing of their children.
In Wisconsin v. Yoder (1972), what constitutional question is the court addressing? What clause does this involve?
it questions if state-required education laws violate the ability of parents and students to freely express their religion and religious beliefs and involved the Free Exercise clause of the First Amendment.
Why was the ruling unanimous in Wisconsin v. Yoder (1972)?
The supreme court ruled that the ability of individuals to freely exercise their religion and religious beliefs outweighed the state’s interest in sending children to school past eighth grade. An individual’s ability to participate and practice their religion is under the Free Exercise clause of the first amendment and is of greater importance than a state’s interests in the required education.
What happened in Tinker v. Des Moines Independent Community School District (1969)?
A group of students held a meeting, planning to show their support for a truce in the Vietnam war.
They wore black armbands in support. Des Moines schools’ then made a policy where any student that is wearing an armband would be asked to remove it.
The students sued the school district for violating the student’s right to expression, which went through the district court and the U.S. court of appeals for the eighth circuit.
In Tinker v. Des Moines Independent Community School District (1969), what constitutional question is the court addressing? What clause does this involve?
It questions if the students have the right to free expression in school. The First Amendment applies to this case because schools cannot censor student speech. Though it does not concern The Free Exercise Clause or The Establishment Clause because it does not involve religion.
Why did the Supreme Court rule in favor of the students in Tinker v. Des Moines Independent Community School District (1969)?
It was protecting their first amendment right. The majority opinion states that schools do not possess authority over their students in school and out of school, which gives them possession of fundamental rights that the state must respect.
What happened in New York Times Co v. United States (1971)?
In 1971, the Defense Department of the Pentagon wrote the pentagon papers, discussing the united state’s involvement in the Vietnam war. Daniel Ellsberg protested the Vietnam war and he stole the pentagon papers, made photocopies of them, and attempted to expose the papers. In an attempt to expose the papers, he gave them to the new york times for publishment.
In New York Times Co v. United States (1971), what constitutional question is the court addressing? What clause does this involve?
It questions if the Nixon administration can attempt to suppress the publication of the pentagon papers without violating the freedom of the press. The First Amendment applies to this case because the government cannot take away the freedom of the press. Though it does not concern The Free Exercise Clause or The Establishment Clause because it does not involve religion.
Why did the Supreme Court vote on behalf of the New York Times in New York Times Co v. United States (1971)? Why was it decided that way?
The court argued that the idea of security was too vague and that since publication would not cause immediate harm, there was no need to suppress the papers. This case set a precedent for a heavy presumption against prior restraint; Then it expanded the media’s publishing power and limited government power by making it likely that any government censorship will be found unconstitutional.
What happened in Schenck v. United States (1919)?
Schenck and Baer distributed leaflets to stop passers by calling for a peaceful cause to action, claiming that drafting citizens to fight in World War I was a violation of the thirteenth amendment.
The united states then charged Schenck and Baer with violating the espionage act of 2927.
