AP Gov Unit 2 Court Cases

New York Times v U.S. (1970)

facts: government top secret study to look at involvement with Vietnam War; was leaked to the press (NYT and Washington Post); government sued to prevent further publishing

FIRST AMENDMENT freedom of press

question: did government efforts to prevent publications violate freedom of press?

decision: Yes

ruling/reasoning: government did not overcome presumption against prior restraint

impact of case: reaffirmed right of press to be free from prior restraint

Schenck v U.S. (1919)

facts: espionage act of 1917 - curtailed free speech and made it illegal to resist draft and prohibited distribution of anti war leaflets; two socialists were arrested for distributing leaflets (declaring that draft violated 13th amendment and peacefully encouraged people to disobey draft)

FIRST AMENDMENT freedom of press

question: did Schenck’s conviction for criticizing the draft violate freedom of press?

decision: No, 9-0

ruling/reasoning: espionage act did not violate 13th amendment; courts must give greater defense to government during wartime; created “clear and present danger” test (if speech poses a clear and present danger to power of congress, congress can limit it)

impact of case: shows the limits of free speech; became “direct incitement” test (Brandenburg v Ohio)

Citizens United v FEC (2010)

facts: Bipartisan campaign reform act (applied restrictions to electioneering communications - broadcasts, cable or satellite communications); corporations and unions prohibited from funding electioneering communications from general funds; “Hillary: The Movie”

FIRST AMENDMENT freedom of speech

question: did the time limits on electioneering communications set by BCRA violate the freedom of speech?

decision: Yes, 5-4

ruling/reasoning: corporate funding of independent political broadcasts in candidate elections cannot be limited

impact of case: dramatic increase in outside spending on elections; allowed creation of superPACs

Tinker v Des Moines (1969)

facts: students wear black armbands to protest Vietnam War; principals warned of suspension; students were suspended

FIRST AMENDMENT freedom of speech

question: did the school violate right to freedom of speech?

decision: Yes, 7-2

ruling/reasoning: armbands represented pure, symbolic speech; to justify suppression of speech, school officials must prove that conduct in question would “materially and substantially interfere” with operation of school

impact of case: foundation for student first amendment right to freedom of speech on school campuses

Wisconsin v Yoder (1972)

facts: Wisconsin law required children to attend school until 16 (8th grade and 2 years of high school); amish believed that children between 14-16 should stay home to study the Bible and train in farm work

FIRST AMENDMENT freedom of religion (the Free Exercise Clause)

question: did the Wisconsin law requiring school attendance violate the free exercise clause of the first amendment?

decision: Yes, 7-0

ruling/reasoning: individual liberty in free exercise of religion outweighed state interests (amish religion prepared children for their specific, self sufficient lives); values and programs of secondary schools are “in sharp conflict with fundamental mode of life mandated by amish religion”

impact of case: affirmed strong protection for religious practices (limiting government); birth of the modern home school movement

Engel v Vitale (1962)

facts: New York required its public schools to lead students in a short, non denominational, voluntary prayer at the beginning of each school day

FIRST AMENDMENT freedom of religion (the Establishment Clause)

question: did the reading of the prayer at the start of the school day (even if voluntary) violate the establishment clause in the first amendment?

decision: Yes, 6-1

ruling/reasoning: state cannot use the school systems to hold prayer, even if non denominational and voluntary

impact of case: first landmark establishment clause case; changed the interpretation from needing coercion to saying coercion not required for violation to occur

Gideon v Wainwright (1963)

facts: Gideon charged in Florida State court w/ felony of breaking and entering; he was denied assistance of counsel (denied an attorney) because state law only provided one for capital cases; he was found guilty after representing self

6th AMENDMENT right to counsel

question: does the 6th amendment right to counsel extend to felony defendants in state courts

decision: Yes, 9-0

ruling/reasoning: 6th amendment right to counsel applies to criminal defendants in state courts through the 14th amendment; states must provide attorneys if the defendant cannot afford one unless the defendant competently and intelligently waives right

impact of case: all criminal defendants in U.S. have the right to an attorney; growth in the number of public defenders nationwide

McDonald v Chicago (2010)

SELECTIVE INCORPORATION!!!

facts: in DC v Heller, the Supreme Court held a DC handgun ban violated the 2nd Amendment (DC is a federal territory, so this ruling did not apply to the states); there were several lawsuits filed against Chicago (and other cities in Illinois) regarding their handgun bans

2nd/14th AMENDMENT

question: does the 2nd Amendment apply to the states because it is incorporated, and thereby applicable to the states, through the 14th Amendment?

decision: Yes, 5-4

ruling/reasoning: 14th amendment makes 2nd amendment right to keep and bear arms for the purposes of self defense applicable to the states; rights fundamental to the Nation’s scheme of ordered liberty and deeply rooted in this Nation’s history and tradition are appropriately applied to the states through the 14th amendment; because the court found the right to self defense (2nd A) was one of those rights in Heller, therefore the 2nd A should also apply to states

impact of case: 2nd amendment selectively incorporated to states, states had to rewrite gun laws