First Amendment Cases

Question 1

Engel v Vitale: what year was it

Answer 1

1962

Question 2

Engel v Vitale: what is the background

Answer 2

a school in New York started doing teacher led prayers at the beginning of class. the prayer did not specify a god and anyone could choose to opt out. many parents sued the school claiming that it violated the first amendment

Question 3

Engel v Vitale: what is the question

Answer 3

Is faculty led student prayer in public schools constitutional

Question 4

Engel v Vitale: what is the outcome and why

Answer 4

No; establishment clause + it is led by teachers that are hired by the government and it disrupts the school’s learning environment; allowed in private schools

Question 5

Schneck v U.S.: what year was this in

Answer 5

1919

Question 6

Schneck v U.S.: what is the background

Answer 6

Charles Schneck gave out papers encouraging many to not sign up for the World War 1 draft as it was a violation to the 13th amendment (involuntary servitude). he was arrested for violating the espionage act which criminalized dangerous and disloyal activity during wartime

Question 7

Schneck v U.S.: what is the question

Answer 7

can the government restrict free speech during wartime and or for the interest of national security

Question 8

Schneck v U.S.: what is the outcome and why

Answer 8

yes; espionage act was deemed constitutional + restriction is allowed during wartime because people’s civil liberties are concerned; clear and present danger test stated that speech can be restricted if it can cause a clear and present danger + that speech is not protected

Question 9

Texas v Johnson: what year is this in

Answer 9

1984

Question 10

Texas v Johnson: what is the background

Answer 10

Gregory Lee burned the American Flag in protest + Texas outlawed that practice + he was sentenced to one year in jail and a $2000 fine. Lee claimed this was against the first amendment

Question 11

Texas v Johnson: whats the question

Answer 11

is burning the american flag protected under the first amendment

Question 12

Texas v Johnson: what is the outcome and why

Answer 12

yes; his speech was political speech which is almost always protected; one is allowed to express their political opinions even if it is unpopular among others

Question 13

New York Times v U.S.: what year was this in

Answer 13

1971

Question 14

New York Times v U.S.: what is the background

Answer 14

The Nixon administration did not want to allow the New York Times and the Washington Post to publish information regarding the Defense Department and Vietnam War + they claimed it was necessary for national security + the papers displayed lies that the government was saying about the war (they were losing but still fighting)

Question 15

New York Times v U.S.: what is the question

Answer 15

is the prevention of classified government information publication unconstitutional

Question 16

New York Times v U.S.: what is the outcome and why

Answer 16

No; since it is not a threat to security and american lives, it is allowed to remain; cannot be restricted even if it makes the government look bad

Question 17

Tinker v Des Moines: what year is this in

Answer 17

1968

Question 18

Tinker v Des Moines: what is the background

Answer 18

two students wore a political patch on their sleeve + there was no other form of protest + they got suspended

Question 19

Tinker v Des Moines: what is the question

Answer 19

is freedom to wear political attire to school constitutional

Question 20

Tinker v Des Moines: what is the outcome and why

Answer 20

Yes; it is a form of political speech which is almost always protected; no disruptive behavior present; one does not lose civil liberties while at school

Question 21

What part of the first amendment did Engel v Vitale pertain to

Answer 21

freedom of religion

Question 22

What part of the first amendment did Schneck v U.S. pertain to

Answer 22

freedom of speech

Question 23

what part of the first amendment did Texas v Johnson pertain to

Answer 23

freedom of speech

Question 24

what part of the first amendment did New York Times v U.S. pertain to

Answer 24

freedom of speech

Question 25

what part of the first amendment did Tink v Des Moines pertain to

Answer 25

student rights

Question 26

establishment clause

Answer 26

cannot establish one religion;

Question 27

free exercise clause

Answer 27

one cannot limit the free exercise of religion; the right to practice or not to practice any religion

Question 28

clear and present danger test

Answer 28

speech that delays congress from stopping any clear or present danger is not protected

Question 29

political speech

Answer 29

speech that regards government which is almost always protected

Question 30

selective incorporation

Answer 30

states must follow the bill of rights

Question 31

actual malice

Answer 31

knowingly spreading false statements about public figures

Question 32

imminent lawless action

Answer 32

replaced clear and present danger test + states that speech that directly calls for illegal activities is unprotected + this gave less restriction on our rights because it is specifically for events in that time

Question 33

in loco parentis

Answer 33

schools have authority over children during school hours

Question 34

can schools punish a student outside of school hours or grounds

Answer 34

no

Question 35

why can schools limit illegal attire/dress code

Answer 35

they are responsible for instilling morals

Question 36

can religious groups meet in schools and how if so

Answer 36

yes; if not during school hours, not taught by faculty, and it doesn't deny other religious groups from practice

Question 37

is a uniform dress code allowed

Answer 37

yes if there are no messages on the clothing (plain)

Question 38

are students allowed to disrespect teachers off school grounds

Answer 38

yes if the speech does not pose a risk to an individuals safety and the school environment