Court Cases

Schenck v. United States

Background: Schenck planned and did distribute a flyer that told men to resist the draft and that it violated 13th amendment “servitude”

Constitutional Issue: 1st amendment freedom of speech rights

Outcome and Impact(s): 1st amendment does not protect speech that creates a “clear and present danger”, free speech could be limited

Brown v. Board of Education

Background: refused segregation of daughter going to a school farther away

Constitutional Issue: segregation, equal protection clause 14th amendment

Outcome and Impact(s): racial segregation in schools is unconstitutional, separate but not equal, overturned plessy v ferguson “separate but equal”

Baker v. Carr

Background: tennessee had failed to redraw districts - population power had shifted

Constitutional Issue: does judicial have a say in redistricting

Outcome and Impact(s): federal courts are allowed to weigh in on legislative redistricting, strengthened one person one vote

Shaw v Reno

Background: drew districts to focus in on minorities, unfair advantagess2

Constitutional Issue: equal protection clause, 14th amendment

Outcome and Impact(s): no redistricting based on race

Gideon v. Wainwright

Background: gideon represented himself in court - unadequately defended himself and was convicted

Constitutional Issue: 6th amendment right

Outcome and Impact(s): right to an attorney for those who can't afford one

Tinker v. Des Moines Independent Community School District

Background: students wore armbands in protests, school had policy that they would be suspended

Constitutional Issue: first amendment rights in schools

Outcome and Impact(s): students can have 1st amendments rights in schools as long as it does not cause “substantial disruption” - leads to limitations

New York Times Co. v. United States

Background: top secret report leaked to NYT, cease and desist orders issued - fought by NYT and WP,

Constitutional Issue: freedom of the press

Outcome and Impact(s): freedom of the press not reduced by presidential executive priveledge, limiting prior restraint

Wisconsin v. Yoder

Background: refusal to enroll kids past 8th grade for religious reasons - violating the wisconsin law to send kids to school

Constitutional Issue: freedom of religion, establishment and free exercise clause

Outcome and Impact(s): amish families not required to send kids to public education past 8th grade - restricted/interferred with their religion, children can be educated outside of state schools/homeschooling

Engel v Vitale

Background: NY issued that a nondenominational prayer be said - Engle said it violated religious beliefs to do so

Constitutional Issue: church and state, establishment clause

Outcome and Impact(s): unconstitutional to lead schools in prayer

United States v. Lopez

Background: student carried one to school on accident, charged with violating Gun-Free School zones act

Constitutional Issue: federal vs state power, expansion of legislative power, 2th amendment

Outcome and Impact(s): congress can not regulate the carrying of firearms based on commerce clause

Roe v. Wade

Background: roe denied abortion in texas;

Constitutional Issue: right to privacy 1st, 4th, 5th 9th and 14th amendments

Outcome and Impact(s): women have right to abortion without governemnet restriction, rights to abortion protected, now there are more state regulations

McDonald v. Chicago

Background: could not purchase handgun due to ban in nchicago, argued of limitation to second amendment right to bear arms

Constitutional Issue: 2th amendment, state vs federal, 14th amdenment

Outcome and Impact(s): bill of rights is state and federal level, could not restrict based on 14th