AP Government and Politics Court Cases Unit 2

Schneck v. United States (1919)

What Happened

Charles Schenck was distributing pamphlets during WWI declaring that the draft violated the Thirteenth Amendment against involuntary servitude, and urged peaceful action. Convicted of violating the Espionage Act of 1917 by attempting to cause insubordination in the military and to obstruct recruitment (said that his right to speech was violated)

Conclusion

The courts decided that the First Amendment doesn’t protect speech that creates a clear and present danger that Congress has the power to prevent. The leaflets were likely to disrupt the conscription process. First time the idea of Clear and Present Danger was used.

Book Definition

A 1919 Supreme Court decision upholding the conviction of a socialist who had urged resistance to the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a “clear and present danger” of substantive evils

Gitlow v. New York

What Happened

He distributed a manifesto that called for the establishment of socialism through strikes and class action of any form. After being arrested for advocating the overthrow of the government by force, he argued that there was no resulting action that flowed from the manifesto’s publication

Conclusion

decided that Gitlow hadn’t violated the clear and present danger test in Schenck since his call to action was abstract and would not resonate with a large number of people, and couldn’t warrant punishing the speech. Also said that the right to Freedom of Speech is extended to the states

Book Definition

The 1925 Supreme Court decision holding that freedoms of press and speech are “fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states” as well as by the federal government

Brown v. Board of Education

What Happened

African American students were being denied acceptance into certain public schools based on the ruling in Plessy v. Ferguson

Conclusion

The separate but equal facilities are not equal and violated the Equal Protection Clause of the Fourteenth Amendment

The segregation instilled a sense of inferiority that has a huge detrimental effect on the education and personal growth of African American children

Book Definition

The 1954 Supreme Court decision holding that school segregation is inherently unconstitutional because it violates the Fourteenth Amendment’s guarantee of equal protection. This case marked the end of legal segregation in the US

Mapp v. Ohio

What Happened

She was convicted of possessing obscene materials after an illegal police search of her home for a fugitive. Appealed on the basis of freedom of expression

Conclusion

All evidence obtained by searches and seizures in violation of the Fourth Amendment is inadmissible in a state court (exclusionary rule)

Book Definition

The 1961 Supreme Court decision ruling that the Fourth Amendment’s protection against unreasonable searches and seizures is extended to the states.

Engel v. Vitale

What Happened

New York state authorized a short voluntary prayer at the start of each school day.

Conclusion

The state cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion

Book Def

The 1962 Supreme Court decision holding that state officials violated the First Amendment when they required that a prayer be recited by public schoolchildren

Gideon v. Wainwright

What Happened

Gideon was charged with a felony and asked to be appointed a lawyer, but wasn’t and he has to represent himself in trial. They said that an attorney can only be appointed in capital cases.

Conclusion

The sixth amendments guarantee of a right to assistance of counsel applies to criminal defendants in state court by way of the fourteenth amendment.

Book Def

The 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed has the right to a lawyer. The decision requires the government to provide a lawyer to anyone so accused who is too poor to afford one.

Heart of Atlanta Motel v. US (1964)

What Happened

The motel refused to accept Black Americans. Title II of the Civil Rights Act of 1964 forbade racial discrimination in public places if there operations affected commerce. The gov used this to make them stop discriminating against them

Conclusion

The Commerce Clause extends the anti-discrimination provisions in the Civil Rights Act of 1964 to hotels that host travelers from outside the state.

Griswold v. Connecticut (1965)

What Happened

Connecticut passed a law banning the use of any meds in furthering contraception. A gynecologist opened a birth control clinic, which violated this law leading to their arrest.

Conclusion

The right to privacy can be inferred from several amendments, preventing states from making the use of contraception by married couples illegal

Miranda v. Arizona (1966)

What Happened

Miranda was arrested and interrogated without knowing his rights, leading to him confessing. Didn’t know he could have an attorney

Conclusion

He was still convicted but now the Fifth Amendment requires that law enforcement officials advice suspects of their right to remain silent and to obtain an attorney during interrogations while in police custody

Book Def

The 1966 Supreme Court decision that set guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel

Tinker v. Des Maines (1969)

What Happened

Students wore black armbands to support the truce in the Vietnam War, and the school decided to threaten suspension

Conclusion

They don’t lose their first amendment rights when they step onto school property. In order to justify the suppression of speech, the school officials need to prove that the conduct with interfere with the operations of the school

New York Times v. US (1971)

What Happened

Nixon tried to prevent the newspaper from publishing classified Defense Dep records regarding the history of the US activity in Vietnam. Nixon argued that prior restraint was necessary to protect national security

Conclusion

The Government can’t prevent them from publishing the papers because they can’t demonstrate that the publication would cause a direct threat to national security

Wisconsin v. Yoder (1972)

What Happened

The Amish didn’t want to send there children to school after eighth grade because it was contrary to their religious beliefs

Conclusion

There interests in the free exercise of religion under the First Amendment outweighed the State’s interest in compelling school attendance beyond the eighth grade. They could leave after 8th grade

Roe v. Wade (1972)

What Happened

Challenged the law that make abortion illegal except by a doctors orders to save a woman’s life. 

Conclusion

1st trimester - state can’t regulate the abortion 

2nd trimester - state can impose regulations reasonably related to maternal health

3rd - can regulate or prohibit them with exceptions

Due Process Clause protects a pregnant woman’s choice to have an abortion through their right to privacy

Book Def

The 1973 Supreme court decision holding that a Texas state ban on abortion was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect a mother’s health in the second trimester, and permitted states to ban abortion during the third trimester

UC Regents v. Bakke (1978)

What Happened

Bakke applied to the school twice and was rejected both times. The school reserves places for minorities, and his scores exceeded those of any of the minority students. Said that he was rejected because of race.

Conclusion

Quotas were unconstitutional, but race could be a factor that is considered for diversity

Texas v. Johnson (1989)

What Happened

Burned the Flag and was convicted

Conclusion

Symbolic speech is protected under the First Amendment

Boy Scouts of America v. Dale (2000)

What Happened

They revoked Dale’s membership because he was gay, so he filed against them saying they violated the state law against discrimination on the basis of sexual orientation in places of public accommodation

Conclusion

The Boy scouts was not a public organization, and that they were allowed to exclude him because it interfered with the message they are trying to send

District of Columbia v. Heller (2008)

What Happened

The requirement to keep guns disassembled and not functional. Heller was a police officer who wanted a handgun that he could keep at home but was denied the right. They had banned handguns in general for self defense (not police officers)

Conclusion

The ban on registering handguns and the requirement to keep guns nonfunctional with a trigger lock mechanism violated the Second Amendment

McDonald v. City of Chicago

After District of Columbia v. Heller people started challenging gun bans in the states.

The Fourteenth Amendments makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states

Shelby County v. Holder

What Happened

Argued that Section 5 (prohibits eligible districts from enacting changes to their election laws and procedures without gaining official authorization) and Section 4b (defines the eligible districts as ones that had a voting test in place as of Nov 1, 1964 and less than 50% turnout for 1964 election) of the Voting Rights Act of 1965 was unconstitutional.

Conclusion

Section 4 is unconstitutional b/c it imposes current burdens that are no longer responsive to the current conditions in the voting districts that are in question

Obergefell v. Hodges (2015)

What Happened

Fought state laws banning same sex marriage

Conclusion

Determined that the Due Process clause of the Fourteenth Amendment guarantees the right to marry as one of the fundamental liberties it protects, and that also applies to gay couples

Dobbs v. Jackson Women’s Health Organization (2022)

What Happened

Mississippi banned abortions before fetal viability at 15 weeks which is was Jacksons organization fought against

Conclusion

Overturned Roe v. Wade and Planned Parenthood v. Casey stating that Abortion isn’t mentioned in the constitution, and that the power to regulate abortions is handed over to the states

Students for Fair Admissions v. University of No. Carolina (2023)

What Happened

Argued that using race as a factor in admissions violated the Fourteenth Amendment, but UNC argued that it was in compliance with the decision in Grutter v. Bollinger which outlined the requirements

Conclusion

Ruled that using race as a factor was unconstitutional according to the fourteenth amendment