Gitlow vs. New York was an argument over whether the New York law is unconstitutional by punishing advocacy to overthrow the government. Gitlow was a socialist who was arrested for distributing a "left-wing manifesto." The manifesto called for people to establish socialism by going on strikes and doing anything else they can think of. Gitlow tried to argue that the Free Speech Clause protected him from the New York law. The Supreme Court ruled in favor of New York, saying that a state can prevent both free speech and publication if it threatens the safety and security of the general public. This case resulted in the "dangerous tendency" test. This means that the legislature can decide that something is so dangerous that it needs to be prohibited.
This case is one of four cases against the segregation of schools on the basis of race. They argued that it violates the Equal Protection Clause of the 14th Amendment. The plaintiffs were denied relief by the "separate but equal" doctrine that basically said segregation was acceptable as long as the facilities were "substantially equal." The Supreme Court ruled that African American students had to be allowed into the white schools because their facilities were much better. Another reason was that the segregation of schools based on race would highly effect the personal growth and education of African American children. After this, they removed the "separate but equal" doctrine.
Engel vs. Vitale is a dispute over whether praying in the classrooms at the start of the day violates the "establishment of religion" clause of the 1st Amendment or not. The Board of Regents for the State of New York authorized a voluntary prayer at the beginning of the school day. They did this to try to diffuse the political issue by taking it out of the hands of the local communities. The prayer was "Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country." This was said to violate the "establishment of religion" clause. The Supreme Court said that this was unconstitutional because New York basically approved a certain religion. This case was the first in a series of cases where the Supreme Court used the "establishment of religion" clause to stop religious activities in public ceremonies.
Clarence Gideon argued that his constitutional rights had been violated. He said that Florida denied his rights stated in the 6th Amendment. Clarence Gideon was caught breaking and entering into a poolroom with the intent to commit a misdemeanor. When put on trial, Gideon did not have a lawyer and pointed out that the court needed to provide him one. The court said they only needed to appoint a lawyer to an indigent defendant in capital cases according to Florida state laws. Without a lawyer, Gideon had to represent himself during his trial. The court found him guilty and gave him a 5 year prison sentence. Gideon filed a habeas corpus and took it to the supreme court. They denied his petition and he had to serve his sentence. After what happened, Florida now has to give a lawyer to all that is put on trial.
Tinker vs. Des Moines school district is over whether the prohibition of students wearing armbands as a protest to school violates their freedom of speech by the First Amendment. Students planned to wear black armbands and fast on December 16th and New Year's Eve to show their support for a truce in the Vietnam war. After the Des Moines school district heard about the protest, they created a policy that said that anyone who is wearing an armband will be asked to remove it. If they refuse to remove it, then it will result in suspension. After that, the students sued the school district for violated the students' rights to expression.
This case was a dispute whether the Nixon administration violated the First Amendment by preventing the publication of "classified information." The New York Times was kept from publishing a classified study by the Defense Department pertaining to relations with the United States and Vietnam. Nixon said that it couldn't be published because it could threaten the safety of the United States.
This case was argued over whether the state of Wisconsin violated their First Amendment rights by trying to force their children to go to school up until the age of 16 even though their religion went against it. Jonas Yoder was prosecuted because he didn't send his child to school after the 8th grade. His Amish beliefs prohibited that so he refused to send his child to school. It was a unanimous decision in favor of Yoder because Wisconsin violated their First Amendment right by trying to force them to go against their religion.
The rights that are involved is the 14th amendment which states that every person has equal rights and is a citizen of the united states if they are born in the United States. This is used for the case because a women has equal and own rights to decide if she wants an abortion or not. Roe had a disease that made it to where she couldn’t take birth control. She got pregnant and wanted an abortion. Texas laws make it to where an abortion can only be made if the women had a chance of death. She took it to court because she didn’t think it was fair. The decision was in favor of Roe because the 14th amendment gives everybody the same rights. If one person can get an abortion somewhere else then she is allowed to because everybody has the same rights. It made 46 states change their laws when it came to abortions.
The rights that were involved with the case was the second amendment which is the right to bear arms. A high school boy left his hunting rifle in his car. They found the weapon and then charged him because there is a law that says no weapons on school campus. His case was that he accidentally left it in there and that the second amendment states that he is allowed to bear arms. The supreme court ruled that he was guilty because it was in a school zone but instead of two years it was six months. It didn’t change much of anything because it is up to the state for where guns are and aren't allowed.
The second amendment was used because it involves gun control. Chicago and Oak Hills of Illinois ban guns and people were mad at it because it violated the second amendment. The supreme court said that they can't ban guns so Chicago couldn't do anything. This means that no city can ban guns.