AP Government Required Court Cases

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**Engel v. Vitale**

Freedom of Religion
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**Background:** Every student was required to pray and salute the flag, and a Jewish family sued.

**Holding:** 6-1 in favor of Jewish family

**Constitutional Principles:** 1st amendment

**Overall Claim:** School sponsorship of religious activities violates the establishment clause
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**Wisconsin v. Yoder**

Freedom of Religion
**Background:** Amish stopped formal education of their children. State said they must follow law, and children must attend until 16.

**Holding:** In favor of Amish families

**Constitutional Principles:** 1st amendment, 14th amendment

**Overall Claim:** Compelling Amish students to attend school past the eighth grade violates the free exercise clause
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**Schenck v. United States**

Freedom of Speech
**Background:** Socialist sent 1500 flyers arguing the draft was unconstitutional

**Holding:** Unanimous for U.S

**Constitutional Principles:** 1st amendment, 13th amendment

**Overall Claim:** Speech creating a “clear and present danger”is not protected by the First Amendment
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**New York Time v. United States**

Freedom of the Press
**Background:** Daniel Ellsberg sent classified reports to news sources, NYT and Washington post released them. Sued for national security

**Holding:** 6-3 holding in favor of NYT

**Constitutional Principles:** 1st amendment

**Overall Claim:** there is freedom of press, even in cases regarding national security, and courts don’t have the authority
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**Tinker v. Des Moines**

Freedom of Speech
**Background:** Students wore black armbands to protest the Vietnam war, school bans them and suspends students

**Holding:** 7-2 in favor of Students

**Constitutional Principles:** 1st Amendment, 14th amendment

**Overall Claim:** Students can wear armbands to protest the Vietnam War
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**McDonald v. Chicago**

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**Background:** Chicago banned hand guns w/o registration, and Citizens sued because it violates the second amendment

**Holding:** Majority ruled in favor of citizens, claiming that a citizens right to keep and bear arms is a fundamental right, protected by the states

**Constitutional Principles:** 2nd amendment, 14th amendment

**Overall Claim:** The 2nd Amendment right to keep and bear arms for self-defense is applicable to the states due to the 14th amendment
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**Gideon v. Wainwright**

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**Background:** Thief was denied a lawyer and sentenced to 5 years jail time. He studied law while in prison and discovered that their ruling could be considered unconstitutional.

**Holding:** Supreme court ruled unanimously for thief

**Constitutional Principles:** 6th amendment, 14th amendment

**Overall Claim:** Guaranteed legal counsel to the poor and indignant, but only in felony cases
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**Brown v. Board of Education**
**Background:** Student wanted to attend a school closer to her home, but was denied because the school only taught white children

**Holding:** unanimously for students and their families

**Constitutional Principles:** 14th amendment, separate but equal clause, previous precedent

**Overall Claim:** the separate but equal act violates the 14th amendment

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