During World War I, Schenck, secretary of the socialist party, mailed a pamphlets to draftees declaring that the Thirteenth Amendment prohibition against involuntary servitude meant that the draft was unconstitutional. He was charged with violation of the Espionage Act and sued saying that he was just exercising free speech (1919)
Frozen!
Frozen!
established supremacy of federal laws and the implied powers of congress
Did Schenck's conviction under the Espionage Act for criticizing the draft violate his freedom of speech?
6:2 for Baker, SCOTUS has the power to rule on congressional districts
students have free speech rights, symbolic speech is speech and protected
Gideon v. Wainwright rulingunanimous for Gideon, the right to an attorney applies to felony cases
Schenck v. US impact
Shaw v. Reno clause14th amendment equal protection clause
7:0 for Yoder, forcing people to go to school despite a religious disagreement violated the free exercise clause
6:1 for Engel, since it was a public school, it does violate the establishment clause
US v. Lopez factsLopez, a senior brought a gun to his public high school, illegal under the federal Gun Free School Zones Act. He was arrested and tried in federal court. He sued saying that regulation on state property (schools) was state business. (1995)
McCulloch v. Maryland factsMaryland tried to tax federal banks in the state, McCulloch, the chief cashier in the Baltimore branch refused to pay. the state sued. (1819)
6:3 for NYTimes, except in the case of a Clear and Present danger the US government does not have the power of prior restraint over the press
Tinker v. Des Moines facts
Brown v. Board of Education questionDo state school segregation laws violate the equal protection clause of the fourteenth amendment?
Brown v. Board of Education impactoverruled "sperate but equal" (from Plessy v. Ferguson) and gave legal precedent for desegregation
Boost!
Boost!
US v. Lopez impactlimited commerce clause, lessened federal power
Boost!
Boost!
Wisconsin v. Yoder factsFor religious reasons Amish families refused to send their children to high school citing a religious exemption, violating a Wisconsin law and were fined. They sued the state for violating their freedom of religion (1972)
Brown v. Board of Education facts
Gideon v. Wainwright question
states cannot infringe on the right to bear arms
Does the 2nd Amendment apply to state and local governments through the 14th Amendment's due process clause and thus prevent states from banning gun ownership?
BCRA law banned Citizens United from showing an ad they made casting Hilary Clinton in a negative light calling it "electioneering" and thus against the BCRA. Citizens United appealed that the ad fell under their right to free speech and thus the BCRA was unconstitutional (2010)
Engel v. Vitale clause
Citizens United v. FEC question
New York Times v. US impact
Gideon v. Wainwright impactGuaranteed the right to an attorney for the poor or indigent in a state felony case
Marbury v. Madison clauseappellate jurisdiction clause of Article III
Roe v. Wade factsRoe, a Texas resident, sought to terminate her pregnancy by abortion. Texas law prohibited abortions except to save the pregnant woman's life, Roe sued "on behalf of all women" (1973)
Roe v. Wade ruling7:2 for Roe, women have the right to an abortion
McCulloch v. Maryland ruling
Baker v. Carr factsIn Tennessee district boundaries were not being redrawn despite unequal spread of voters. Baker, a Tennessee citizen, sued on the grounds that the district lines made rural votes worth more than urban ones. (1962)
Brown was a student at a Topeka school. She had to travel much farther to the nearest black school than she would to the white one. With support from the NAACP Brown sued (1954
Schenck v. US impact
Roe v. Wade ruling7:2 for Roe, women have the right to an abortion
Does the Texas laws banning abortions violate the due process clause of the fourteenth amendment and a woman's constitutional right to an abortion?
New York Times v. US impactprotected freedom of press, government cannot stop printing
Tinker v. Des Moines factsStudents were suspended for wearing black armbands as a symbol to protest the Vietnam War after being told that wearing the armbands would result in punishment. Their parents sued the school system for violating the students right to free speech (1969)
Gideon v. Wainwright factsGideon was convicted for a felony in florida where there were no state laws protecting right to an attorney. in prison he researched law and sued citing violations of his 6th amendment rights (1963)
Do state school segregation laws violate the equal protection clause of the fourteenth amendment?
During World War I, Schenck, secretary of the socialist party, mailed a pamphlets to draftees declaring that the Thirteenth Amendment prohibition against involuntary servitude meant that the draft was unconstitutional. He was charged with violation of the Espionage Act and sued saying that he was just exercising free speech (1919)
McCulloch v. Maryland factsMaryland tried to tax federal banks in the state, McCulloch, the chief cashier in the Baltimore branch refused to pay. the state sued. (1819)
Tinker v. Des Moines impact
Wisconsin v. Yoder questionDid Wisconsin's requirement that all parents send their children to school at until age 16 violate the First Amendment's free exercise clause?
Frozen!
Frozen!
McDonald v. Chicago impactstates cannot infringe on the right to bear arms
Schenck v. US question
Boost!
Boost!
5:4 for McDonald, the right to bear arms applies to the states
Boost!
Boost!
US v. Lopez impact
School sponsorship of religious activities violates the establishment clause
New York Times v. US factsThe Nixon administration attempted to prevent several newspapers from publishing materials belonging to a classified Defense Department study, known as the Pentagon Papers, detailing US actions in Vietnam. The president argued that prior restraint was necessary to protect national security. NYTimes sued on 1st amendment grounds (1971)
McDonald v. Chicago factsThe Chicago system for obtaining gun permits was so annoying that it was almost impossible to obtain one. McDonald sued Chicago for violating his 2nd amendment rights (2010)
Frozen!
Frozen!
New York Times v. US clause1st amendment freedom of press
Engel v. Vitale ruling
Wisconsin v. Yoder ruling7:0 for Yoder, forcing people to go to school despite a religious disagreement violated the free exercise clause
Citizens United v. FEC impactused as precedent to declare the cap on campaign funding unconstitutional, now money=free speech
Schenck v. US clause
1st Amendment Establishment Clause
Do the plaintiffs have a right to their commissions?
US v. Lopez facts
unanimous for US, Schenck's encouragement of draft dodging was a clear and present danger