Supreme court cases 

\

==TINKER V DES MOINES (1969)==

  • In Des Moines, Iowa, five students decided to show their oppositiontotheVietnamWarbywearingblackarmbandsopposition to the Vietnam War by wearing black armbands; they were sent back home until they agreed to not wear the bands. The parents filed a lawsuit against the school district because they were violatingthefreedomofexpression,afirstamendmentright.violating the freedom of expression, a first amendment right.
  • Free speech clause, 1st amendment
  • In favor of Tinker, student retain their constitutional rights while in public schools
  • The band was a form of expression, school can never limit their freedom

  \

==NEW YORK TIMES V US (1971)==

  • Ellsberg disappointed with the US’ continued role in the Vietnam war copiedillegally700papersthatwouldlaterbecomethePENTAGONPAPERS,copied illegally 700 papers that would later become the PENTAGON PAPERS, the documents were leaked by many major publications such as the New York Times. TendocumentscontaineddelicateinformationaboutthedecisionmakingplansbehindthecountrysinterestTen documents contained delicate information about the decision-making plans behind the country’s interest and the contradiction between president johnson’s motivation in southeast Asia and his public remarks
  • The papers ran the risk of violating the ESPIONAGEACTESPIONAGE ACT, which made it a crime to obtain information related to America's defense with the intention to hurt the country
  • Nixon order the newspaper to stop claiming that the papers would cause an irreparable injury to the country’s defense interests, times refused and then thegovernmentsuedthenewspaperforviolatingtheespionageactthe government sued the newspaper for violating the espionage act
  • In favor of the New York Times, the court can never enjoin the publication of news.
  • Freedom of press clause, 1st amendment
  • Cannot evade this clause with the argument of national security concerns
  • There's no way to check that the papers would affect the nation.

\

==DISTRICT OF COLUMBIA V HELLER==

  • The District of Columbia banned guns, they enacted a strict gun control law. The requirement is to keep the arms disassembled and unloaded in their homes. Theychallengedtheregulationbecausetheyneededfunctionalgunsintheirhomesforselfdefensehey challenged the regulation because they needed functional guns in their homes for self-defense
  • The second amendment right to bear and keep arms
  • In favor of heller, bearing arms is important and inherent in American history, theinherentrighttopossessaweaponforselfdefensethe inherent right to possess a weapon for self-defense

\

==MCDONALD V CHICAGO (2010)==

  • Several suits were filed against Chicago and Oak Park in Illinois challenging their gun bans after the Supreme Court issued its opinion in District of Columbia v. Heller. In that case, the Supreme Court held that a District of Columbia handgun ban violated the Second Amendment. There, the Court reasoned that the law in question was enacted under the authority of the federal government and, thus, the Second Amendment was applicable. Here,plaintiffsarguedthattheSecondAmendmentshouldalsoapplytothestates.Here, plaintiffs argued that the Second Amendment should also apply to the states. The district court dismissed the suits. On appeal, the U.S. The Court of Appeals for the Seventh Circuit affirmed.
  • After Columbia v heller, ChicagopassedalawrequiringregisteringthegunChicago passed a law requiring registering the gun, the process was complex and the position of an unregistered gun was a crime
  • MacDonald filed a lawsuit for violating the constitution.
  • Are the 14th amendment and the second amendment applies to the states and local governments?
  • DueprocessclauseandtheamendmentsDue process clause and the amendments
  • In favor of Macdonald's, the second amendment applies to the states under the 14th amendment

  \

==GIDEON V WAINWRIGHT (1963)==

  • Clarence Earl Gideon was charged in Florida state court with felony breaking and entering. When he appeared in court without a lawyer, Gideon requested that the court appoint one for him. AccordingtoFloridastatelaw,however,anattorneymayonlybeappointedtoanindigentdefendantincapitalcases,sothetrialcourtdidnotappointone.According to Florida state law, however, an attorney may only be appointed to an indigent defendant in capital cases, so the trial court did not appoint one. Gideon represented himself in the trial. He was found guilty and sentenced to five years in prison. GideonfiledahabeascorpuspetitionintheFloridaSupremeCourt,arguingthatthetrialcourtsdecisionviolatedhisconstitutionalrighttoberepresentedbycounsel.Gideon filed a habeas corpus petition in the Florida Supreme Court, arguing that the trial court's decision violated his constitutional right to be represented by counsel. The Florida Supreme Court denied habeas corpus relief.
  • Right to be represented in the trial, free counseling. A lawyer is absolutely necessary
  • He study law in jail and killed a habeas corpus, a writ requiring a person under arrest to be brought before a judge or into court.
  • OverturnedBettsvBradyOverturned Betts v Brady that conclude that the sixth amendment right was not fundamental
  • 6thamendment6th amendment, right to assistance of counsel is a fundamental right applicable to the state courts as well as federal courts

  \

==SCHENCK V US. (1919)==

  • During World War I, socialists Charles Schenck and Elizabeth Baer distributed leaflets declaring that thedraftviolatedtheThirteenthAmendmentprohibitionagainstinvoluntaryservitude.the draft violated the Thirteenth Amendment prohibition against involuntary servitude. The leaflets urged the public to disobey the draft but advised only peaceful action. Schenckwaschargedwithconspiracytoviolatethe<strong>EspionageActof1917</strong>Schenck was charged with conspiracy to violate the <strong>Espionage Act of 1917</strong> by attempting to cause insubordination in the military and to obstruct recruitment. Schenck and Baer were convicted of violating this law and appealedonthegroundsthatthestatuteviolatedtheFirstAmendment.appealed on the grounds that the statute violated the First Amendment.
  • In favor of the U.S, The Court held that the Espionage Act did not violate the First Amendment and was an appropriate exercise of Congress’ wartime authority.
  • Articulating for the first time the “clear and present danger test,” Holmes concluded thattheFirstAmendmentdoesnotprotectspeechthatapproachescreatingaclearandpresentdangerofasignificantevilthatCongresshasthepowertoprevent.that the First Amendment does not protect speech that approaches creating a clear and present danger of a significant evil that Congress has the power to prevent. Holmes reasoned that the widespread dissemination of the leaflets was sufficiently likely to disrupt the conscription process.
  • War circumstances changed the power of the U.S, they have more empower to protect the nation even if it means to overstep the constitutional rights
  • In this case, the FREESPEECHCLAUSEFREE SPEECH CLAUSE was not protected.

  \

==BROWN V BOARD OF EDUCATION (1954)==

  • This case was the consolidation of cases arising in Kansas, South Carolina, Virginia, Delaware, and Washington D.C. relating to the segregation of public schools on the basis of race. In each of the cases, AfricanAmericanstudentshadbeendeniedadmittancetocertainpublicschoolsbasedonlawsallowingpubliceducationtobesegregatedbyrace.African American students had been denied admittance to certain public schools based on laws allowing public education to be segregated by race. They argued that such segregation violated the Equal Protection Clause of the FourteenthAmendmentFourteenth Amendment. The plaintiffs were denied relief in the lower courts based on Plessy v. Ferguson, which held that racially segregated public facilities were legal so long as the facilities for blacks and whites were equal. (Thiswasknownastheseparatebutequaldoctrine.)(This was known as the “separate but equal” doctrine.)
  • Equal protection clause under the 14th amendment
  • Court denied any violation because of the separatebutequal“separate but equal”meaning that the schools were the same substantially, meaning that there was no negative effect
  • In favor of Brown, segregation in public schools violated the equal protection clause

\