U3: Civil Liberties/Civil Rights Foundational Docs

Letter From Birmingham Jail

Written by MLK Jr. that advocates for the use of nonviolent protesting to fight against racial injustice

-responds to criticism from white clergymen who didn’t support his methods

-emphasize urgency for civil rights reforms

Tinker v. Des Moines

Dealt with 1st Amendment rights and ruled in favor of the protection of symbolic speech

CONTEXT: Students wearing armbands protesting Vietnam War, but school sent them home. Court ruled in favor of Tinker, affirming freedom of speech in schools.

Schenck v. United States

Established that a “clear and present danger” could LIMIT speech under the 1st Amendment.

CONTEXT: Schenk sent out a bunch of fliers, telling others how to resist the draft. Schenk was convicted under the Espionage Act for interfering with the military draft. Court ruled in favor of the US, saying that his speech could be limited.

McDonald v. Chicago (2010)

Ruled that 2nd Amendment is applicable to the state and local governments because of the 14th Amendment’s Due Process Clause. States & cities CANNOT limit right to BEAR ARMS for SELF-DEFENSE.

CONTEXT: Chicago had banned handgun ownership and registration.These suits were filed following the DC v. Heller that ruled that a state handgun ban violated the 2nd Amendment.

NY Times Co v. United States

Established a “heavy presumption against prior restraint” Ruled that the Nixon administration using “prior restraint” (censorship of the press before it is released) to prevent the NY times from publishing the Pentagon Papers was unconstitutional, affirming the freedom of the press.

CONTEXT: The Pentagon Papers consisted of material from a classified Defense Department study regarding the history of US activities in Vietnam.

Engel v Vitale

1st Amendment case regarding the Establishment Clause (government cannot establish/favor a religion), ruling that public schools cannot sponsor religious activities—especially school sanctioned prayers.

CONTEXT: NY State Board of Regents authorized a short, voluntary prayer for recitation at the start of each school day. Engel challenged the prayer, claiming that it violated the Established Clause.

Wisconsin v. Yoder

1st Amendment case regarding Free Exercise Clause, holding that the states cannot infringe on religious practices of individuals (unless it is not harming others).

CONTEXT: Amish families refused to send their children to public school after 8th grade, arguing that it was part of their religious beliefs. (Challenged law that required all children to attend public schools until 16)

Brown v Board of Education

Ruled that “separate but equal” was unconstitutional; racial segregation in public schools was unconstitutional because it violated the Equal Protection Clause of the 14th Amendment

CONTEXT: Overturned precedent set by Plessy v Ferguson

Gideon v Wainwright

Established the right to free legal counsel for defendants in criminal cases under the 6th Amendment.

CONTEXT: Gideon was denied the right to attorney and was forced to represent himself in court. He wrote from jail directly to the Supreme Court, and surprisingly, the Supreme Court decided to hear it.