SCOTUS Quiz (1-4)

1. Tinker v Des Moines (1969) [bkgd]

in 1965, a group of students in Des Moines, Iowa, planned to wear Black armbands to school to protest the Vietnam War. The district created a policy banning armbands and threatening suspension for anyone who wore one. The students still wore it were suspended, and the Tinker family sued the school district.

1. Tinker v Des Moines (1969) [constitutional issue]

first amendment - freedom of speech

1. Tinker v Des Moines (1969) [holding]

SC ruled in favor of the students, declaring wearing armbands was protected symbolic speech under 1st Amendment. Court said student expression cannot be suppressed unless it causes a "substantial disruption"

2. Citizens United vs FEC [bkgd]

Citizens united, a political advocacy group, created a movie about Hillary Clinton during 2008 election season. They wanted to air the movie + ads but the FEC blocked them saying it counted as electioneering communication couldnt be shown close to an election under campaign finance laws.

2. Citizens United vs FEC [constitutional issue]

first amendment - freedom of speech

2. Citizens United vs FEC [holding]

SC ruled in favor of Citizens United. Court held that first amendment prohibits the govt from restricting independent political spending by corporations, labor unions, and associations. These groups have the same right to engage in political speech as individuals. led to super PACs/independent expenditures.

3. Schenck vs US (1919) [bkgd]

Charles Schenck, a socialist party member, distributed leaflets urging men to resist the WWI draft (which was an illegal act). The govt charged him under Espionage Act, arguing that it threatened the war effort.

3. Schenck vs US (1919) [constitutional issue]

first amendment - freedom of speech

3. Schenck vs US (1919) [holding]

The court unanimously upheld Schenck's conviction, because his speech posed an immediate threat that Congress had the power to prevent. Court established 1st amendment doesn't protect speech that can cause realtime harm.

4. New York Times Co vs US (1971) [bkgd]

The NYT and Washington Post obtained pentagon papers, revealing govt decisions about the Vietnam War. The Nixon administration tried to block publication, arguing it threatened national security. The newspapers sued the govt bcuz of the prior restraint.

4. New York Times Co vs US (1971) [constitutional issue]

first amendment - freedom of speech / press

4. New York Times Co vs US (1971) [holding]

The court ruled in favor of the papers, finding the govt had not met heavy burden required to justify prior restraint. The court held that the govt cannot censor publication unless it proves the release would cause direct/irreparable harm.