Gov court cases, due process and amendments

First Amendment

Right to religion, press, speech, assemble and petition

Schenck v. US

1919- Thought the draft violated the first amendment. Told the public to disobey the draft. Convicted of violating the first amendment

Gitlow v. New York

1923- A socialist was arrested for disturbing a “left wing manifesto” that called for the establishment of socialism through strikes and class action of any form. Convicted under NY’s Criminal Anarchy Law, which punished advocating the overthrow of the government by force.

SCOTUS RULING: NY could prohibit advocating violent efforts to overthrow the government under the Criminal Anarchy Law

Tinker v. Des Moines

1969- Students held a meeting to show support for the Vietnam war by wearing armbands to school. Students wore them to school and got suspended.

SCOTUS RULING: Students could wear armbands to silently protest the Vietnam War as protected speech as long as it was not disruptive

Bethel School District v. Fraser

1986- A student used vulgar language during a speech at an assembly for his friend’s election. Student was suspended from school for 2 days.

SCOTUS RULING: Students can be suspended for going speeches that include profane language

Texas v. Johnson

1989- Man burned a flag in protest against the Reagan Administration policies. He was sentenced to jail for one year and a $2000 fine. Convicted under Texas law outlawing flag desecration

SCOTUS RULING: flag burning can be a protected form of free speech

Engel v. Stine

1962- NY board of regents authorized a short prayer at the start of each school day. A group of organizations joined forces in challenging the prayer claiming that it violated the Establishment Clause of the First Amendment.

SCOTUS RULING: schools may hold prayers in school, even if participation is not required and the prayer is non denominational

Lemon v. Kurtzman

1971- People challenged the district court’s opinion, asserting that the district court erred in refusing to enjoin payment of around $24 million set aside by the State to compensate non public religious schools for educational services

SCOTUS RULING: gov actions must be secular and non religous

Wisconsin v. Yoder

1971- 3 parents refused to send their children to such schools after eighth grade, arguing that high school attendance was contrary to their religious beliefs

SCOTUS RULING: compulsory education law infringed on Yoder’s free exercise of religion

Due process

Denies the gov the right, without due process, to deprive people of life, liberty and property

14th Amendment

Equal protection under the law- standard of equal treatment that must be observed by the government

4th Amendment

UNreasonable search and seizure: the gov cannot search your belongings or person without probable cause

What amendment involves due process

5th and 14th amendment

6th Amendment

Right to public and speedy trial

Gideon v. Wainwright

1963- Broke into a pool hall and stole $5 in cash. Asked for a lawyer and court refused. Found guilty and sentenced to 5 years in prison

8th Amendment

No excessive bail, fines and no cruel and unusual punishments

2nd Amendment

Right to bear arms

Columbia v. Heller

A 2008- DC police officer who was authorized to carry a hand gun on duty, applied for a license to have a hand gun at home and was refused

Korematsu v. US

1944- Japanese- Americans were relocated camps for national security. A male was arrested for violating the order

Katz v. US

197- Katz transmitting gambling info over the phone to clients in other states. Federal agents attached an eavesdropping device outside of the public phone booth.

Carpenter v. US

2018- police arrested 4 men in connection with a series of armed robberies. One of the men confessed to the crimes and gave the FBI his cell phone number and the numbers of the other participants. The FBI used this information to apply for three orders from magistrate judges to obtain "transactional records" for each of the phone numbers. judges granted under the Stored Communications Act, 18 U.S.C. 2703(d). That Act provides that the government may require the disclosure of certain telecommunications records

Doe v. Holder

2004-2010- ACLU filed a lawsuit challenging the FBI’s authority to demand records through National Security Letters (NSLs) and to gag NSL recipients from discussing those record demands. “John Doe” Internet Service Provider that had been served with an NSL and had been prohibited from disclosing — to anyone — that the FBI had demanded records from him.