1st and 2nd amendment

Establishment Clause

First Amendment ban on favoring one religion of another, including belief. No national religion

Engel v. Vitale (clauses, ruling, effect)

Clauses: Establishment Clause, Selective Incorporation
Ruling: Struck down policy of mandatory prayer in NY school
Effect: Began striking down state practices on religion. Formed foundation of the Lemon Test

Engel v. Vitale (background)

The State of New York authorized a short, voluntary prayer for recitation at the start of each school day

Lemon Test

Three-pronged rule used by the courts to determine whether the establishment clause is violated. (Prongs found in notes)

Free Exercise Clause

First Amendment requirement that the law cannot prevent people from practicing a certain religion

Does the Free Exercise Clause protect belief or conduct?

Belief

Wisconsin v. Yoder (clauses, holding, effect)

Clauses: Free Exercise Clause, Selective Incorporation
Holding: Struck down Wisconsin law requiring schooling to a certain age
Effect: Set precedent for religious exemption

Wisconsin v. Yoder (background)

Three Amish children stopped attending school at the end of 8th grade due to their parents' religious beliefs. Violated WI law.

Reactive not proactive

How SCOTUS handles cases. Only rule on an issue once it is brought before them.

Types of protected speech

Spoken, printed, news, symbolic, money

Tinker v. Des Moines (clauses, holding, effect)

Clauses: Free Speech Clause, Selective Incorporation
Holding: Armbands are a protected from of speech
Effect: Students retain 1st amendment rights in school unless it disrupts the learning practice

Tinker v. Des Moines (background)

Vietnam Era - Students want to wear black arm bands to school protesting the war. School will suspend students if they wear arm bands

Not protected under free speech

Slander, inciting lawlessness, too disruptive

Schenck v. United States (clause, holding, effect)

Clause: Free Speech Clause
Holding: 1st amendment does not protect speech that incites lawlessness
Effect: Established precedent that speech is not protected if it presents a clear and present danger

Schenck v. US (background)

Schenck encouraged people to oppose WWI and the draft. Charged under the Espionage Act

Watchdog of the government

The Press

Free Press Clause

This clause of the 1st Amendment states that Congress shall make no law that interferes with the actions of the press

Prior restraint

Government censorship of information before it is published or broadcast. Not allowed for the press. Exception is school newspapers

New York Times Co. v. US (clause, holding, effect)

Clause: Free Press Clause
Holding: Nixon had no right to prohibit the publication of the articles
Effect: Prior restraint is presumed to always be unconstitutional

New York Times Co. v. US (background)

NYT was releasing the classified Pentagon Papers and Nixon ordered them to stop

Topics of the 2nd amendment

Militias, gun ownership

DC v. Heller

Court ruled that a DC law banning hand guns was unconstitutional. Guns are individual rights, not required to be in the militia

Purpose of owning a firearm

Self-defense. rooted in american tradition

McDonald v. Chicago (clauses, holding, effect)

Clauses: Right to Bear Arms, Selective Incorporation
Holding: Chicago could not limit sales of handguns
Effect: Cities/states cannot ban handguns outright

McDonald v. Chicago (background)

Chicago law prevents McDonald from owning a handgun to protect his home.

Debate over guns today

Are assault rifles necessary for defense