SCOTUS Cases 1

What did the ruling of Wisconsin v. Yoder do?

• Established that the states interests in education held more priority than someone's expressed religion as the state is more than that individual.

• Established that the right to exercise religious beliefs takes more priority than state interests in education.

• Established limitations on the expression of religion and fought for nationwide established morality. Especially within each individual state.

• Established that the right to exercise religious beliefs must be in accordance with state interests in education.

What was Yoder's argument in Wisconsin v. Yoder?

• The Amish religious beliefs, while held sincere, affected greater society and could potentially harm their own children if they don't adopt the same religious beliefs as them.

• Compulsory education til 16 benefits larger society therefore the Amish would agree to send their kids if the schools compromised with their beliefs and taught what was needed.

• The Amish religious beliefs against formal education were sincere because the state has a history of bad schools. The Amish did not trust the state because of this and pursued alternative schooling.

• The Amish religious beliefs against formal education were sincere. They offered an alternative schooling and nothing they are doing harm the state or the kids.

What was Wisconsin's argument in Wisconsin v. Yoder?

• The state compulsory education benefits society. This should override an individual's expression of religion. The compulsion does not abridge upon their right to their religion as it's applied neutrally.

• The state compulsory education benefits society because they teach neutrally. Therefore, the schools are not dangerous for people who have a certain religion.

• The state compulsory education til the age of 16 allows all kids to be properly educated enough to be Amish and live on the land.

What communities was Yoder advocating for?

What part of the First Amendment was violated in Engel v. Vitale and Wisconsin v. Yoder

• Freedom of assembly

• Freedom of press

• Freedom of expression and the Establishment Clause

• Freedom of petition

What was the argument from Engel in Engel v. Vitale?

What was the argument from Vitale in Engel v. Vitale?

• The prayer, while not mandatory, was only reciting the most popular religion in this country. Mentioning it is not abridging other people's rights.

• The prayer protects the religious heritage of the nation. The prayer is nondenominational, the kids aren't forced. Using "God" is widely accepted and recited.

• "Under God" started to be used because of the fear of godless communists. The prayer was a way to ensure and protect the country.

What was the ruling in Engel v. Vitale?

• The state can hold prayers in public schools because participation is not required and the nondenominational aspect ensures it doesn't violate the first amendment.

• The state cannot hold prayers in public, even if public participation is not required.

• The state cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion. 

• There are limitations on speech, one should not say anything at any time anywhere. This means that the prayer was simply not appropriate, whether it promoted a specific religion or not.

Under what law was Schenck being charged?

• Espionage Act

• Sisters Act

• Political Act

• Repression Act

Fill in the blank: "The most stringent protection of free speech would not protect a man in falsely shouting ____ in a theatre and causing a panic."