It violated the Establishment clause and went against the constitutional wall

It violated the establishment clause and went against

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prayer is not tied to a particular religion. It violated the Establishment clause and wentagainst the constitutional wall of separation between church and state.Wisconsin V. Yoder (1972)Facts: Members of the Amish religion, Yoder, Miller, and Yutzy were prosecuted becauseWisconsin law required all children to attend public school until age 16. The parentsrefused to send their children to school after 8th grade because it was against theircultureDecision: Court held that an individual’s interest in the freedom to exercise religionunder the first amendment outweighed the state’s law forcing children to attend schoolbeyond 8th grade.Tinker V. Des Moines (1969)Facts: A group of students planned to wear armbands in support of a truce in theVietnam War, and the school heard of this and created a policy which suspended anystudent who refused to remove their armband. Tinker and Eckhardt wore theirarmbands and were suspended for violating policy.Decision: The majority opinion said the armbands were pure speech and that studentsdid not lose their first amendment rights when they stepped into the school. The actionswould not “substantially interfere” with operations in schoolNew York Times V. US (1971)Facts: This revolved around the highly classified Pentagon Papers which the NixonAdministration tried to prevent being posted in the NYT and Washington Post. It wouldpublish information classified by the Defense Department about the history of the US inVietnam.Decision: The court held that the government could not suppress the newspaper articlesand could not use the word security to stop the press. The release of these paperswould not cause inevitable, direct, or immediate events imperiling the safety of themilitary.Schenck V. United States (1919)Facts: Charles Schenck distributed leaflets declaring the draft violated the 13thamendment urging people to disobey the draft peacefully, but the government chargedhim under the Espionage Act saying he attempted to cause insubordination.Decision: Free speech does not shield advocacy urging conduct deemed unlawful underthe Espionage Act. This act did not violate the first amendment because this was duringwartime. Schenck caused “a clear and present danger” therefore his speech could notbe protected.
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Chapter 6: Civil Rights6-1 Civil RightsCivil Rights - rights of people to be treated without unreasonable or unconstitutionaldifferencesThrough publicizing grievances and organizing a civil rights movement AfricanAmerican broadened their supportCampaign in the Courts14th amendment seemed to give equal opportunities for allEqual protection could mean whites and blacks only had specific similarlawsCould not protect people from discrimination by the statesPlessy V Ferguson= Louisiana passed law requiring black to occupy differenttrain cars but Plessy argued and the Supreme court said it is okay because“separate but equal” facilities were constitutionalSeparate But Equal - established in Plessy V Ferguson that African Americans couldconstitutionally be kept in separate but equal facilities
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  • Fall '19
  • Supreme Court of the United States, First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution

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