gov required cases

Tinker v. Des Moines

facts: several students wore black arm bans to school to protest the vietnam i war. After the students were sent home for wearing the armbands, their parents filed suit, claiming a violation of the students free speech rights.

issue: Is wearing of black armbands as symbolic speech protected under first amendment free speech

holding: the Ist amendment protects students speech and wearing armbands is a form of speech.

(free speech rights apply to public schools, and students have a right to free expression, so long as it does not substantially interfere with the school discipline. The armbands were symbolic speech, protected by the first amendment.)

mcdonald vs chicago

	facts: chicago banned the possesion of most hand guns. mcdonald sued a w the city saying it was a violation of his second amendment rights.
	issue: is chicagos gun laws too restrictive and is the 2nd amendment right to bear arms a fundamental right that should incorporate to the state and local goverment?
	holding: Chicagos gun laws were a violation of the 2nd amendment, the right to bear arms is a fundamental right and is incorporated to the states through selective incorportation.

Gideon v. Wainwright

	facts: Gideon was charged for breaking into a bar and stealing liquor. Under # Florida law, Gideon couldn't get a lawyer because a lawyer was only appointed for death penalty cases appealed his conviction on the basis that he was denied counsel in violation of the sixth amendment right "to have the assistance of counsel for his defense"
	issue: Does the Sixth Amendment's right to counsel in criminal cases extend to felony defendants in state courts?
	holding: The Sixth Amendment's guarantee of a right to assistance of counsel applies to criminal defendants in state court by way of the Fourteenth Amendment.

Schenck v US

	facts: Charles schenck distributed more than 15000 fliers urging draft age men to refuse conscription during the WW1. both were convicted of violating the espionage act of 1917.
	issue: is the publication and distribution of literate urging resistance to a military draft protected speech under first amendment's free speech guarantee or does it violate the espionage act.
	holding: the Ist amendment does not protected speech promoting resistance to the draft because it creates "clear and present" danger

NYT V.

	facts: Nixon tried to prevent the New York Times and Washington post from ) i publishing the pentagon paper which had classified materials about the Vietnam war.
	issue: may the goverment prevent the publication of information violate the first amendment freedom of press.
	holding: The goverment is not entitled to prevent newspapers from publishing classifed information that may be embarrassing or cause harm the goverment. prior restraint was not justified

Engel v. Vitale

	facts: a public school in NY was stating a non-denominational, non mandatory prayer at school.		n）★
	Issue: Does the classroom reading of a non-denominational, non-mandatory prayer in a public school violate the Establishment clause the first amendment.
	Holding:yes, the establishment clause prohibits the classroom reading of any prayer in schools because public schools are an extension of government, so it is like government enforcing religion

Wisconsin v yoder

	facts: Amish families challenged a wisconsin state law requiring that children i attend school until 16 years. the amish argued that education beyond the early teen years was a violation of their religious practice required that children stop recieving formal education.
	issue: do laws that require school attendance until 16 violate the free exercise clause of the Ist amendment.
	holding: laws the require school attendance until 16 violated the free exercise clause and individual liberty