Specific court Cases Concerning the Bill of
Rights
West Virginia Board of Education v.
Barnett – 1943
This case concerned the saluting of the flag
and was challenged by the religious group
– Jehovah’s Witnesses
The argument by Jehovah’s Witnesses was
that making a child salute the flag was
making a child bow down to an idol
The Supreme Court ruling – you cannot
force a student to salute the flag in a public
school if against their religion
Engle v. Vitale – 1962 – from the state of
New York
The case concerned saying prayer in public
school
The New York Board of Regents created a
“non-denominational” prayer – a prayer
that was not for any one religion
The Supreme Court ruling – You cannot
have prayer led in a public school
Zorach v. Clauson – 1952 -allowed religious
classes in New York City schools if they
were held in private places
Murray v. the Baltimore School Board or
Abington Township v. Schempp – 1963 –
(the 2nd case came from Pennsylvania
The cases involved “reading from the Bible”
in public schools
In the Abington case, a student challenged
the idea by reading from the Koran –
Islamic Bible
The Supreme Court ruling in this case –
you cannot read from the Bible in public
schools except for:
1. Using the Bible as history;
2. Using the Bible as literature;
3. Using the Bible to compare religions.
Cochran v. Louisiana – 1930 – concerned
the question of using public tax funds for
religious schools
The Supreme Court ruling – you can use
public funds for religious schools, but only
to benefit the child, not the religion
McCollum v. Board of Education – 1948 –
Illinois – The Supreme Court ruled you
could not use public classrooms for
religious purposes
*Mutual Film Corporation v. Ohio – 1915
– concerned the of motion pictures –
Supreme Court ruled that a film be:
1. Harmless;
2. Amusing;
3. Educational;
4. Moral.
Plessy v. Ferguson – 1896 – Louisiana
The case involved a series of laws passed by
the legislature of Louisiana that separated
the races in public facilities.
The Supreme Court ruling – The use of
“separate, but equal” public facilities WAS
constitutional
Brown v. Board of Education of Topeka,
Kansas – 1954
4 cases were brought to the Court
challenging the Plessy decision
The Supreme Court ruling – “Separate,
but equal” public facilities were
UNCONSTITUTIONAL – this ruling
reversed Plessy
Brown II – 1955 – was to decide when to
integrate the public schools
*The 4 states involved were:
1. Kansas;
2. Delaware;
3. South Carolina;
4. Virginia.
The only state to refuse to submit a plan
was the state of Virginia
The Supreme Court ruling on when to
integrate the schools – “integrate with all
due deliberate speed”
De jure segregation – segregation by law
De facto segregation – segregation in fact
Discrimination – to treat people differently
for various reasons
Wisconsin v. Yoder – 1972 – concerned
compulsory school attendance
The Amish would take this to court arguing
that “too much education was bad for
salvation”
The Supreme Court ruling – children of
Amish parents need go only through grade 6
The Holmes-Brandies “clear and present
danger” doctrine – the government can
censor material it considers a “clear and
present danger” to the United States
“Censorship” – when the government
decides what you can see and hear
Tinker v. Des Moines – 1969 – involved
students protesting the Vietnam War by
wearing black arm bands during school
(Many students were expelled from school)
*The Supreme Court ruling – the Tinker
Test:
You can only stop a student’s expression, if it
is a “clear and substantial disruption to
discipline”
Pleasants vs. the Commonwealth of
`
Virginia – 1974 – Hanover County involved students being arrested on school
grounds (after hours) when they tried to
protest
Virginia Supreme Court ruling – A
principal in Virginia can decide what is a
disruption to discipline in school!