The Gobitis and Barnette Cases

The Supreme Court is perhaps most well known for the Brown vs. Board of Education decision in 1954. By declaring that segregation in schools was unconstitutional, Kevern Verney says a ‘direct reversal of the Plessy … ruling’1 58 years earlier was affected. It was Plessy which gave southern

In result to this case, the majority of the court noted that the Texas law discriminated upon the law. They feel that this act might bring up anger in other people and more flag burning. The majority of the court also agreed that Johnson had the right to use that form of symbolic speech because it is protected by the first amendment. They find this act is very offensive, but the society’s outrage alone is not justification for depressing Johnson’s freedom of speech.

They stated that religion unifies many people and puts faith into America. The State believed that the prayer would help bring out the spiritual side of children. The parents argued that the prayer quite simply violated the first amendment, the separation of church and state and requires that the government stay out of the business of prescribing religious activities of any kind. They argued that because not all students shared the same religious beliefs, the public schools should not be a place to preach religion, and believed that religious freedom of the students was being corrupted by providing time during school for prayer. The State rebutted that the prayer was completely optional, therefore was constitutional; if the prayer was against a child’s religion, or if they simply did not want to they did not have to take part in the prayer. A case very similar to this one took place rather recently. An excerpt from the pledge of allegiance states “one nation, under God.” A parent of a child attending pleaded that having said words in the pledge of allegiance is in violation of the Establishment Clause, and took it to the Supreme Court, this is the case of Elk Grove Unified School District v. Newdow. The Court's decision was that the excerpt did not violate the constitution because it is a symbol of our heritage and it is a

The Plessy V. Ferguson and Brown V. Board of Education are two cases that changed the way that we live today in a quite dramatic way. The Plessy V. Ferguson was a case that promoted segregation. The majority voted for segregation and the minorities opposed the idea and the key precedent that was established after this case was that the U.S. Supreme Court didn't base their trial off of the constitution and instead based their trial upon the statement 'separate but equal'. The Brown V. Board of Education case was a case that completely opposed the idea of 'separate but equal' because the whole case revolved around the fact that a mother wanted her children to go to a school that was easier to get to however it was a school that was only for white children so the mother decided to take the case to court and the majority voted on letting the African American students attend white schools and the minorities voted otherwise. The key precedent that was established after this case was that segregation in schools violates the 14th amendment and it should not be permitted by the U.S. Supreme Court. These two cases were important for the transformation for the America we have today, and they influenced America's thought process and actions significantly.

The U.S is known for its liberty and equality. However, the Supreme Court once had to decide on the rights for African Americans. Since the abolishment of slavery, one court case before the Supreme Court sided against the African American plaintiff fighting for equal rights. In this case the plaintiff, Homer Plessy was arguing his right to ride in a "white only" train car. Unfortunately, he lost his case in Plessy vs Ferguson. Decades later, another plaintiff, Oliver Brown, also took a case before the Supreme Court. Conversely, in this case, the Supreme Court sided with the plaintiff in Brown vs Board of Education. This decision began the integration of schools. Despite the fact that these two cases took place almost 60 years apart, they both dealt with a similar issue.

Ten years prior we had Brown v. The Board of Education, which a few of the same Justices serving on Katzenbach v. McClung were on, that stated that “separate educational facilities is inherently unequal”. Then, with the Civil Rights Act of 1964 we saw the outlawing of segregation and discrimination in public places. This was put to the test by two small southern businesses that claimed Congress had no right to interfere with their local establishments, but the Supreme Court did right by upholding the constitution, and it seemed to be a no brainer as seen by the unanimous decision by the court. It was tense time and shameful part of our history, but without decisions made by these men we might not be where we are today. Racism and discrimination still exist all over the globe to this day. We have come a long way though, and if it wasn’t for people continuing to do the right thing whether they are a majority or minority then we wouldn’t have the freedoms that we have today. The Supreme Court got it right with this decision, not just by upholding the Constitution, but for our Country and Humanity in

When Dred Scott v. Sandford was decided in 1857, it made an enormous impact on the United States. It riled up both pro- and anti-slavery Americans. It angered many Americans in an extreme example of judicial activism. Some say it made the Civil War inevitable. By the time the dust had settled and the 13th and 14th Amendments reversed the Court’s decision, Dred Scott could be considered one of the worst Supreme Court decisions of all time. And yet, although the case was egregiously wrong, it still can be considered a “great case”.

In cases having to do with constitutionality, the issue of the separation of church and state arises with marked frequency. This battle, which has raged since the nation?s founding, touches the very heart of the United States public, and pits two of the country's most important influences of public opinion against one another. Although some material containing religious content has found its way into many of the nation's public schools, its inclusion stems from its contextual and historical importance, which is heavily supported by material evidence and documentation. It often results from a teacher?s own decision, rather than from a decision handed down from above by a higher power. The proposal of the Dover Area School District to

The issue of Tinker v. Des Moines ISD was that students were to wear black arm bands to school in protest of the Vietnam War; however the school warned that anyone wearing the armbands would be would be suspended, but the Tinker children wore their armbands to school (they were the only ones of the group to do so) and were suspended leading to Mr. and Mrs. Tinker filing a law suit claiming that the school violated the children's right to freedom of speech and expression. The court ruled against the school district saying that "students do not shed their constitutional rights at the school house gates. In doing so the court protected what has come to be known as "symbolic speech." In the case of Engle v. Vitale, the Supreme Court ruled that prayers in schools were considered unconstitutional, leading to a ban of all prayers led by teachers in school, even if the prayer was considered voluntary, stating, in a way, that there was some sort of “separation of church and state” which is not true. Lastly, New York Times v. Sullivan focused more on the freedom of the press, ruling that “actual malice” must be proven to support a finding of libel against a public figure.

Relating to a recent case called Elk Grove Unified School District v. Newdow (2004). (“Elk Grove Unified School District v. Newdow.” July 2008, www.oyez.org/cases/2003/02-1624”) This case is still a controversial topic today. Michael Newdow petitioned the Pledge of Allegiance, claiming that the fragment stating “under God” is a violation to his first amendment right. His petition reached thousands of followers and eventually was received at the Supreme Court. The court disagreed with his case and labeled it constitutional. The reasoning behind the final ruling decision was that Mr.Newdow’s daughter has no obligation to participate in the pledge if she does not wish to. An even more recent case was McCullen v. Coakley (2014) which is based on another controversial topic that divides the nation, abortion. (“McCullen v Coakley.” {{meta.SiteName}}, www.oyez.org/cases/2013/12-1168.) This case took place in Massachusetts at a Planned Parenthood center. The state created a law that prevents pro-lifers from protesting about 20 feet from the facility, as there was obviously commotion from the protestors. The Supreme Court named the state law constitutional and defended the decision. Stating how the problem was the location of the protest and not the actual speech

The Courts should strictly interpret the U.S Constitution to prevent personal judgement and opinions from changing a fair decision. In the case of West Virginia State Board of Education v. Barnette, the board of education of the West Virginia Legislature attempted to make the pledge of allegiance as a mandatory activities in public schools and refusal to participate will be dealt with in some way. Two Jehovah's Witnesses, who are not allowed to pledge to symbols according to their beliefs, were expelled for not saluting the flag. The decision of the Supreme Court was “constructed” based on the first amendment that states that promises no restriction on free exercise of religion and therefore the mandatory salute was banned. If the courts were

Board of Education (1947) was a New Jersey case that rose to the Supreme Court and lead to a landmark decision. The Board of Education was reimbursing students for taking public transportation to and from both public and private schools. A taxpayer objected to the use of public funds to reimburse any student attending a religious school. The Supreme Court found the state statute allowing the reimbursement valid, in part because the reimbursement was paid to the parents of the students and not a religious institution, and the payments were available to everyone, not only those attending a religious institution. The decision was significant for two reasons. First, the Supreme Court ruled the establishment clause would now apply to the states. Secondly, Justice Hugo Black, in writing the majority opinion, stated, “The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach.” This is one of the most egregious cases of judicial activism, trying to accomplish what from the bench what the Legislature could not accomplish in 1876. It is particularly troublesome because the phrase “separation of church and state” does not appear in the Constitution or any federal statute, and the addition of the phrases, “that wall must be kept high and impregnable” and “we could not approve the slightest breach” drastically changes the context in which it was written. Additionally, since

This battle was won. Some schools began to desegregate while others began violent protests which required the National Guard to stop it. This decision changed education and the constitution. The constitution had to adapt to meet the needs, demands and views of the people which is why this case is a perfect example of why the constitution is a living document.

This case set a precedence for municipalities to triumph in prayer cases. If a similar case was to come up within a municipality, like in the Town of Greece v. Galloway, the courts will likely lean more towards the municipalities. The Town of Greece cause has also given an example of considering the history of establishment cases, when deciding similar cases. Another effect that this case could cause would be the minimization of disputes about church and state (Rassbach, 92). There have already been some known changes as a result of this case. For instance, In South Carolina, the Pickens County School Board reformed their practice of inviting students to pray before their monthly meeting a year before the Town of Greece v. Galloway ruling. However, after the ruling, the school board chairman worked with the lawyers to create a new practice that was similar to the Town of Greece’s (Wicks,

The Supreme Court of the United States of America often makes decisions, which change this great nation in a great way. These changes can affect society in many different ways. In many instances there is dissonance over their decisions and the court itself is often split as to how the views are looked upon. The effect of the Courts decision generates discourse and on occasion, violence. This is what happened in the case of Miranda v. Arizona in 1966. This case changed the history of this country and left a tremendous impact, which many challenge, the ruling and still protest today.