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)
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 ruling
unanimous for Gideon, the right to an attorney applies to felony cases
Schenck v. US impact
Shaw v. Reno clause
14th 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 facts
Lopez, 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 facts
Maryland 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 question
Do state school segregation laws violate the equal protection clause of the fourteenth amendment?
Brown v. Board of Education impact
overruled "sperate but equal" (from Plessy v. Ferguson) and gave legal precedent for desegregation
US v. Lopez impact
limited commerce clause, lessened federal power
Wisconsin v. Yoder facts
For 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 impact
Guaranteed the right to an attorney for the poor or indigent in a state felony case
Marbury v. Madison clause
appellate jurisdiction clause of Article III
Roe v. Wade facts
Roe, 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 ruling
7:2 for Roe, women have the right to an abortion
