Constitutional Law Cases and Principles (copy)

Wisconsin v. Yoder

• Issue: State of Wisconsin's compulsory education laws interfered with the Amish child upbringing.
• Ruling: State compulsory education laws violate the free exercise of traditional religious practices.
• Amendment: First Amendment Free Exercise Clause.

Schenck v. United States

• Issue: Socialist published a pamphlet advocating ideals to avoid the military draft.
• Ruling: Advocacy for overthrow of government was a clear and present danger and not protected speech.
• Concept: Clear and present danger.
• Amendment: First Amendment: Free Speech.

Tinker v. Des Moines

• Issue: Public high school students wore black armbands protesting the Vietnam War.
• Ruling: Symbolic speech protected as free speech in public high schools.
• Concept: Symbolic speech.
• Amendment: First Amendment: Free Speech.

New York Times v. United States

• Issue: Nixon administration ordered federal government having a heavy to cease, blocking publication of the Pentagon Papers, citing national security concerns.
• Ruling: Free press protected with presumption against prior restraint involving national security.
• Concept: Free press: Prior restraint.
• Amendment: First Amendment: Free Press.

Gideon v. Wainwright

• Issue: State denied legal representation in state criminal prosecutions as guarantee of right to representation to indigent defendant.
• Ruling: States are required to provide legal representation in state criminal prosecutions.
• Concept: Rights of the accused.
• Amendment: Sixth Amendment: Right to Counsel.

McDonald v. Chicago

• Issue: City of Chicago implemented a handgun ban.
• Ruling: Right to bear arms is a fundamental right of self-defense and incorporated to the states.
• Amendment: Second Amendment.
• Concept: Selective incorporation via the 14th Amendment Due Process Clause.

Brown v. Board of Education

• Issue: Public schools segregated based on race.
• Ruling: Race-based public school segregation violated the Equal Protection Clause.
• Concept: Equal Protection; school segregation.
• Amendment: 14th Amendment: Equal Protection Clause.