SUPREME COURT THINGGIES Flashcards
Engel v. Vitale 1962
What constituional amendment/clause (if necessary)?
1st Amendment - RELIGION IN SCHOOLS
!!!!!!!! claimed that the law violated the ESTABLISHMENT CLAUSE
States didn’t have the right to est. this type of law b/c DUE PROCESS CLAUSE of the 14th Amendment
Engelf v. Vitale
Facts of the Case
New York passed a law requiring PUBLIC schools to open the daywith Pledge of Allegiance & NON DENOMINATIONAL PRAYER
- allowed students to excuse themselves from the activity and not recite the prayer
Parent sued on behalf of the child
Engel v. Vitale
FINAL RULING AND EFFECTS
6-1 Sided w/ ENGEL
Est. the state cannot hold prayers in public schools
Breeched seperation of church and state
Not approprite for the gov to sponcer a specific belief.
Wisconsin v Yoder 1972
What constituional amendment/clause (if necessary)?
1st Amendment, freedom of expression clause
Wisconson v. Yoder
facts of the case
3 Amish parents prosecuted for violating Wisconsin state law req. children to attend school until 16 (from age 6)
Conflict w/ Amish beliefes
Did not send children to school past 8th grade
Wisconson v. Yoder
Final Ruling
(7-0) Yoder’s religions beliefs outweight Wisconson state law mandating attendance
WHY: teachings & values of schools CONFLICT with the fundemental model of Amish way of life.
Tinker V. De Moines
What constituional amendment/clause (if necessary)?
1st Amendment Freedom of speech
Tinker v. De Moines
Facts of the case
Students at a public highschool wore black arm bands to signal support for a truse in the veitnam war
School banned the armbands, parents sued
Tinker v. De Moines
Final rulign
(7-2) policy was violation of students freedom of speech
also decided that because of a school setting if it was distuptive school could put policies enforcing it
students not guarenteed the same extent of rights
Schenck v. United States (1919)
What constituional amendment/clause (if necessary)?
1st Amendment - freedom of speech
Schenck v. United States
Facts of the Case
Espionage Act passed in 1917 = prohibited people form being involved in hindering military recrutment
Schenech and Beer distibuted pamplets prompting men to disobay draft
Schneck and beer arrested and convicted
Schneck v. United States
Final Ruling
Ruled in Favor of the US
NOT protesting the war but trying to persuade men to dodge draft
Created clear and present danger during war time
1st amendment has PROTECTED AND UNPRETECTED SPEECH
New York Times v. United States
What constituional amendment/clause (if necessary)?
1st Amendment - freedom of the press
Are the government’s efforts to prevent the New York Times’ publication of “sensitive information” with prior restraint in violation of the First Amendment clause regarding the freedom of press?
New York Times Co v. United States
Facts of the Case
1967 - Secretary of Defense commisioned a secret gov. study regarding American involvement in Vietnam
Leaked to NYT
“Pentegono Papers”
Nixon Admn cited nat security conerns and barred the publication of papers with censorship
NYT co v. United States
6-3 decision
Nixon’s use of prior restraint was UNCONSTITUIONAL w/ freedom of the press.
Must require very specificity
