AP Government Required Court Cases

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Engel v. Vitale

Freedom of Religion

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Engel v. Vitale

Freedom of Religion

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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2

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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3

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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4

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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5

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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6

McDonald v. Chicago

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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7

Gideon v. Wainwright

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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8

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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