Supreme court cases
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==TINKER V DES MOINES (1969)==
- In Des Moines, Iowa, five students decided to show their ; 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
- 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
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==NEW YORK TIMES V US (1971)==
- Ellsberg disappointed with the US’ continued role in the Vietnam war the documents were leaked by many major publications such as the New York Times. and the contradiction between president johnson’s motivation in southeast Asia and his public remarks
- The papers ran the risk of violating the , 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
- 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.
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==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. T
- The second amendment right to bear and keep arms
- In favor of heller, bearing arms is important and inherent in American history,
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==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. The district court dismissed the suits. On appeal, the U.S. The Court of Appeals for the Seventh Circuit affirmed.
- After Columbia v heller, , 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?
- In favor of Macdonald's, the second amendment applies to the states under the 14th amendment
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==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. Gideon represented himself in the trial. He was found guilty and sentenced to five years in prison. 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.
- that conclude that the sixth amendment right was not fundamental
- , right to assistance of counsel is a fundamental right applicable to the state courts as well as federal courts
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==SCHENCK V US. (1919)==
- During World War I, socialists Charles Schenck and Elizabeth Baer distributed leaflets declaring that The leaflets urged the public to disobey the draft but advised only peaceful action. by attempting to cause insubordination in the military and to obstruct recruitment. Schenck and Baer were convicted of violating this law and
- 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 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 was not protected.
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==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, They argued that such segregation violated the Equal Protection Clause of the . 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.
- Equal protection clause under the 14th amendment
- Court denied any violation because of the 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
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