The Bill of Rights and SCOTUS Cases

First amendment

Freedom of RAPPS!

• Religion- free exercise clause and free exercise clause

• Assembly

• Petition

• Press

• Speech

free exercise clause

The government cannot interfere with your right to exercise religious activities

establishment clause

the gov cannot create a national religion or favor one religion over another

Brandenburg Test (1969)

Test to decide when the government can limit free speech.

• if speech is intended to incite “imminent lawless action”

• is likely to produce “imminent lawless action”

second amendment 

the right to bear arms

third amendment

no quartering of soldiers

fourth amendment

protection of unreasonable searches and seizures 

fifth amendment

• due process

• protection against self incrimination

• protection against double jeopardy (being tried for the same crime twice)

• eminent domain (gov cannot take your land unless they pay you)

sixth amendment

right to a speedy and public trial in criminal cases

seventh amendment

right to a speedy and public trial in civil lawsuits

eighth amendment

protection against cruel and unusual punishment and excessive bail

ninth amendment

rights not enumerated (listed) are retained by the people

tenth amendment

powers not delegated to the federal government are reserved for the states or people

Engel v. Vitale 1962

Background:

• everyday students and teachers would voluntarily recite a prayer made by the New York school board and 2 jewish and non religious persons sued the school board 

Relevant constitutional issues

• First amendment —→ free exercise 

Question

• does the recitation of a government composed prayer in public schools violate the establishment clause of the first amendment?

Ruling 

• Yes because the government through teachers is advancing their religion 

Wisconsin v. Yoder (1972)

Background:

• members of an amish group refused to send their kids to school after 8th grade because high school attendance went against their religious beliefs and were prosecuted under wisconsin law requiring kids to school until 16 

Relevant constitutional issues

• first amendment free exercise clause

Question

• Did Wisconsin’s requirement that all parents send their children to school at least until age 16 violate the first amendment by criminalizing the conduct of parents who refused to send their children to school for religious reasons?

Ruling 

• Yes the individual interest of the parents to exercise their religion outweighs the interest of wisconsin to compel school attendance

Tinker v. Des Moines (1965)

Background:

• A group of students wore black armbands through the holiday season to protest the Vietnam war even though the principal stated kids would be asked to remove the armbands or they would be expelled. The students got expelled and their parents sued the school for violating the kids first amendment right 

Relevant constitutional issues

• First amendment freedom of speech (aka freedom of expression)

Question

• Does a prohibition against wearing of armbands in public schools, as a form of symbolic protest, violate the students freedom of speech protection guaranteed by the first amendment?

Ruling 

• Yes, students do not lose their first amendment right on school campuses. Schools can only restrict things that substantially interfere 

Schenck v. United States 1919

Background:

• during WW1 the U.S. initiated a draft and schenck mailed out flyers encouraging men to sign petitions to go against the draft and Schenck was convicted for violating the espionage act

Relevant constitutional issues

• First amendment freedom of speech

• Espionage Act (makes it illegal to obstruct military recruiting or interfere with military proceedings)

Question

• Did Schenck’s conviction under the espionage act for criticizing the draft violate his first amendment free speech rights?

Ruling 

• Ruled in favor of the United States because telling people to not enlist during a war is dangerous. Established that Congress can prevent statements that present a clear and present danger

New York Times v. United States 1971

Background:

• Nixon administration tried to prevent the NY times from publishing the Pentagon papers because the administration said they were classified and a danger to national security

Relevant constitutional issues

• First amendment freedom of the pres

Question

• Did the Nixon’s administration’s efforts to prevent the publication of what it termed “classified information” violate the first amendment

Ruling 

• Yes it did violate their rights because the government cannot censor press before publication unless in extreme circumstances. Reinforced the power of the press and its role in checking government power

McDonald v. Chicago 2010

Ruling

• McDonald wanted to own a handgun for self defense but a 1982 chicago law basically banned handguns

Relevant constitutional issues

• District of Columbia v. Heller (ruled that it was peoples right to own a handgun for self defense

• second amendment and 14th amendment due process

Question 

• is the second amendment right to keep and bear arms applicable to state and local governments 

Ruling

• Yes, the second amendment right must be applied to the states because of 14th amendment (rights cannot be taken away without due process). Overturned other banns of handguns in states and cities