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AP Gov Unit 5 Court Cases questions with answers.
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AP Gov Unit 5 Court Cases questionswith answers.
Reynolds v. U.S. ANS - (1879) The First Amendment protected religious belief, but it did not protect
religious
practices that were judged to be criminal such as bigamy. Those who practice polygamy could no more
be exempt from the law than those who may wish to practice human sacrifice as part of their religious
belief
Sherbert v. Verner ANS - (1962) The Court held that the state's eligibility restrictions for unemployment
compensation imposed a significant burden on Sherbert's ability to freely exercise her faith.
Furthermore, there was no compelling state interest which justified such a substantial burden on this
basic First Amendment right.
Engle v. Vitale ANS - (1962) Public School officials may not require pupils to recite a state-composed
prayer at the beginning of each school day even though the prayer is denominationally neutral and
pupils who so desire may be excused from reciting it.
Lemon v. Kurtzman ANS - (1971) State aid to aid parochial schools is permissible if it is intended to
achieve a secular legislative purpose, if its primary effect neither advances or inhibits religion, and if it
does not foster excessive government entanglement with religion.
Wisconsin v. Yoder ANS - (1972) In a unamimous decision, the Court held that individual's interests in
the free
exercise of religion under the First Amendment outweighed the State's interests in compelling school
attendance beyond the eighth grade. In the majority opinion by Chief Justice Warren E. Burger, the
Court found that the values and programs of secondary school were "in sharp conflict with the
fundamental mode of life mandated by the Amish religion," and that an additional one or two years of
high school would not produce the benefits of public education cited by Wisconsin to justify the law.
Employment Division v. Smith ANS - (1990) States may outlaw the sacramental use of the drug peyote
without violating the 1st Amendment guarantee of free exercise of religion. A five-justice majority said
that no constitutional violation occurs when a criminal law is applied generally to all people and it has
only the incidental effect of infringing on religious exercise.
, Allegheny v. ACLU ANS - (1989) In a 5-to-4 decision, the Court held that the crèche inside the
courthouse unmistakably endorsed Christianity in violation of the Establishment Clause. By prominently
displaying the words "Glory to God for the birth of Jesus Christ," the county sent a clear message that it
supported and
promoted Christian orthodoxy. The Court also held, however, that not all religious celebrations on
government property violated the Establishment Clause. Six of the justices concluded that the display
involving the menorah was constitutionally legitimate given its "particular physical setting."
Van Orden v. Perry ANS - (2006) The Court held that the establishment clause did not bar the
monument on the grounds of Texas' state capitol building. The plurality deemed the Texas monument
part of the nation's tradition of recognizing the Ten Commandments' historical meaning. Though the
Commandments are religious, the plurality argued, "simply having religious content or promoting a
message consistent with a religious doctrine does not run afoul of the establishment clause."
Gitlow v. New York ANS - (1925) The 1st amendment prohibition against government abridgement of
the freedom of speech applies to the state as well as to the federal government. This ruling was the first
in a long line of rulings holding that the 14th Amendment extended the guarantees of the Bill of Rights
to the state.
Schenck v. U.S. ANS - (1919) Schenck mailed circulars to draftees, protesting the war and was charged
with
conspiracy to violate the Espionage Act. A unanimous court ruled that "the question in every case is
whether the words used are used in such circumstances and are of such a nature as to create a clear and
present danger that will bring about the substantive evils that Congress has a right to prevent." Schenck
was found guilty.
Brandenburg v. Ohio ANS - (1969) In this case the Court used a two-pronged test to evaluate a law
regulating
speech (at a KKK rally): (1) speech can be prohibited if it is "directed at inciting or producing imminent
lawless action" and (2) it is "likely to incite or produce such action." Ohio's criminal syndicalism law
(making it illegal to advocate crime) was ruled unconstitutional and overly broad.
Tinker v. Des Moines ANS - (1969) Students have the right to engage in peaceful, nondisruptive protest.
The wearing of black armbands to protect the Vietnam War is "closely akin" to "pure speech."
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