First Amendment Cases Flashcards
Engel v Vitale: what year was it
1962
Engel v Vitale: what is the background
a school in New York started doing teacher led prayers at the beginning of class. the prayer did not specify a god and anyone could choose to opt out. many parents sued the school claiming that it violated the first amendment
Engel v Vitale: what is the question
Is faculty led student prayer in public schools constitutional
Engel v Vitale: what is the outcome and why
No; establishment clause + it is led by teachers that are hired by the government and it disrupts the school’s learning environment; allowed in private schools
Schneck v U.S.: what year was this in
1919
Schneck v U.S.: what is the background
Charles Schneck gave out papers encouraging many to not sign up for the World War 1 draft as it was a violation to the 13th amendment (involuntary servitude). he was arrested for violating the espionage act which criminalized dangerous and disloyal activity during wartime
Schneck v U.S.: what is the question
can the government restrict free speech during wartime and or for the interest of national security
Schneck v U.S.: what is the outcome and why
yes; espionage act was deemed constitutional + restriction is allowed during wartime because people’s civil liberties are concerned; clear and present danger test stated that speech can be restricted if it can cause a clear and present danger + that speech is not protected
Texas v Johnson: what year is this in
1984
Texas v Johnson: what is the background
Gregory Lee burned the American Flag in protest + Texas outlawed that practice + he was sentenced to one year in jail and a $2000 fine. Lee claimed this was against the first amendment
Texas v Johnson: whats the question
is burning the american flag protected under the first amendment
Texas v Johnson: what is the outcome and why
yes; his speech was political speech which is almost always protected; one is allowed to express their political opinions even if it is unpopular among others
New York Times v U.S.: what year was this in
1971
New York Times v U.S.: what is the background
The Nixon administration did not want to allow the New York Times and the Washington Post to publish information regarding the Defense Department and Vietnam War + they claimed it was necessary for national security + the papers displayed lies that the government was saying about the war (they were losing but still fighting)
New York Times v U.S.: what is the question
is the prevention of classified government information publication unconstitutional
New York Times v U.S.: what is the outcome and why
No; since it is not a threat to security and american lives, it is allowed to remain; cannot be restricted even if it makes the government look bad
Tinker v Des Moines: what year is this in
1968
Tinker v Des Moines: what is the background
two students wore a political patch on their sleeve + there was no other form of protest + they got suspended
Tinker v Des Moines: what is the question
is freedom to wear political attire to school constitutional
Tinker v Des Moines: what is the outcome and why
Yes; it is a form of political speech which is almost always protected; no disruptive behavior present; one does not lose civil liberties while at school
What part of the first amendment did Engel v Vitale pertain to
freedom of religion
What part of the first amendment did Schneck v U.S. pertain to
freedom of speech
what part of the first amendment did Texas v Johnson pertain to
freedom of speech
what part of the first amendment did New York Times v U.S. pertain to
freedom of speech
what part of the first amendment did Tink v Des Moines pertain to
student rights
establishment clause
cannot establish one religion;
free exercise clause
one cannot limit the free exercise of religion; the right to practice or not to practice any religion
clear and present danger test
speech that delays congress from stopping any clear or present danger is not protected
political speech
speech that regards government which is almost always protected
selective incorporation
states must follow the bill of rights
actual malice
knowingly spreading false statements about public figures
imminent lawless action
replaced clear and present danger test + states that speech that directly calls for illegal activities is unprotected + this gave less restriction on our rights because it is specifically for events in that time
in loco parentis
schools have authority over children during school hours
can schools punish a student outside of school hours or grounds
no
why can schools limit illegal attire/dress code
they are responsible for instilling morals
can religious groups meet in schools and how if so
yes; if not during school hours, not taught by faculty, and it doesn’t deny other religious groups from practice
is a uniform dress code allowed
yes if there are no messages on the clothing (plain)
are students allowed to disrespect teachers off school grounds
yes if the speech does not pose a risk to an individuals safety and the school environment
