Name __________________
MOCK SUPREME COURT CONFERENCE
Directions You will be placed in groups and your group will discuss the constitutionality of each
issue presented, according to the Constitutional Tests provided. Each member of the group
should play one of the following roles in the discussions. If you have less than five members in
your group, one person can play two roles (Chief Justice can also be Secretary, Constitutional
Test Advocate could also be Reporter, etc.)
1) Chief Justice – reads each issue to the group and calls on every member of the group to
speak. No one speaks twice before everyone speaks once! (Rhenquist rule)
2) Devil’s Advocate – will present the opposing view any time the group seems to be in
agreement
3) Constitutional Test Advocate – will make certain that each student justifies their vote by
using the Constitution or a Constitutional precedent or test (not just personal feelings).
4) Secretary – will record each vote of the group and the reasons.
5) Reporter – will check the Supreme Court vote on line (after student’s discussion) and
will let the group know. (You need the numeric vote as well as a summary of the
reasons). All students should take notes on this.
Before beginning your discussions, complete summaries of the parts of the Constitution,
established Constitutional tests, or federal law that is indicated below. Your vote in conference
should be based on these precedents. Answer the Constitutional question presented in note form
verbally, only the “secretary” needs to record the group vote. You should take notes on how the
“reporter” tells you the Supreme Court ruled, because that is what you will be tested on.
These are the Civil Liberties that will be discussed:
First Amendment – Separation of Church and State (Part I)
First Amendment – Freedom of Speech (Part II)
Fifth Amendment, etc - Due Process of Law (Part III)
Fourteenth Amendment Equal Protection under the Law (Part IV)
Right of Privacy (Part V)
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PART I: FREEDOM OF RELIGION / SEPERATION OF CHURCH AND STATE
Constitutional Tests for First Amendment/Religion
(1) Read the First Amendment to the US Constitution. Summarize the Free Exercise Clause.
(2) Read the First Amendment to the US Constitution. Summarize the Establishment Clause.
(3) Summarize the three prong test used by Justices after the Lemon v. Kurtzman ruling (Do this
AFTER you’ve voted on and looked up the Supreme Court’s decision in the Engel and
Lemon cases).
Case One: Engel v. Vitale (note: this case took place before Lemon)
Facts of the Case
The Board of Regents for the State of New York authorized a short, voluntary prayer
for recitation at the start of each school day. This was an attempt to defuse the
politically potent issue by taking it out of the hands of local communities. The blandest
of invocations read as follows: "Almighty God, we acknowledge our dependence upon
Thee, and beg Thy blessings upon us, our teachers, and our country."
Question
Does the reading of a nondenominational prayer at the start of the school day violate
the "establishment of religion" clause of the First Amendment?
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Case Two: Lemon v. Kurtzman
Facts of the Case
This case was heard concurrently with two others, Earley v. DiCenso (1971) and
Robinson v. DiCenso (1971). The cases involved controversies over laws in
Pennsylvania and Rhode Island. In Pennsylvania, a statute provided financial support
for teacher salaries, textbooks, and instructional materials for secular subjects to nonpublic schools. The Rhode Island statute provided direct supplemental salary
payments to teachers in non-public elementary schools. Each statute made aid
available to "church-related educational institutions."
Question
Did the Rhode Island and Pennsylvania statutes violate the First Amendment's
Establishment Clause by making state financial aid available to "church-related
educational institutions"?
Case Three: Everson v. Board of Education
Facts of the Case
A New Jersey law allowed reimbursements of money to parents who sent their
children to school on buses operated by the public transportation system. Children
who attended Catholic schools also qualified for this transportation subsidy.
Question
Did the New Jersey statute violate the Establishment Clause of of the First
Amendment as made applicable to the states through the Fourteenth Amendment?
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Case Four: Edwards v. Aguillard
Facts of the Case
A Louisiana law entitled the "Balanced Treatment for Creation-Science and EvolutionScience in Public School Instruction Act" prohibited the teaching of the theory of
evolution in the public schools unless that instruction was accompanied by the
teaching of creation science, a Biblical belief that advanced forms of life appeared
abruptly on Earth. Schools were not forced to teach creation science. However, if
either topic was to be addressed, evolution or creation, teachers were obligated to
discuss the other as well.
Question
Did the Louisiana law, which mandated the teaching of "creation science" along with
the theory of evolution, violate the Establishment Clause of the First Amendment as
applied to the states through the Fourteenth Amendment?
Case Five: Employment Division of Ohio v. Smith
Facts of the Case
Two Native Americans who worked as counselors for a private drug rehabilitation
organization, ingested peyote -- a powerful hallucinogen -- as part of their religious
ceremonies as members of the Native American Church. As a result of this conduct,
the rehabilitation organization fired the counselors. The counselors filed a claim for
unemployment compensation. The government denied them benefits because the
reason for their dismissal was considered work-related "misconduct." The counselors
lost their battle in state court. But the U.S. Supreme Court vacated the Oregon
Supreme Court's judgment against the disgruntled employees, and returned the case
to the Oregon courts to determine whether or not sacramental use of illegal drugs
violated Oregon's state drug laws (485 U.S. 660 (1988)). On remand, the Oregon
Supreme Court concluded that while Oregon drug law prohibited the consumption of
illegal drugs for sacramental religious uses, this prohibition violated the free exercise
clause. The case returned to the U.S. Supreme Court in this new posture.
Question
Does the state law violate the Free Exercise Clause of the First Amendment?
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Case Six: Stone v. Graham
Facts of the Case
Sydell Stone and a number of other parents challenged a Kentucky state law that
required the posting of a copy of the Ten Commandments in each public school
classroom. They filed a claim against James Graham, the superintendent of public
schools in Kentucky.
Question
Did the Kentucky statute violate the Establishment Clause of the First Amendment?
Case 8: Lynch v. Donnelly
Facts of the Case
The city of Pawtucket, Rhode Island, annually erected a Christmas display located in the city's
shopping district. The display included such objects as a Santa Claus house, a Christmas tree, a
banner reading "Seasons Greetings," and a nativity scene. The crèche had been included in the
display for over 40 years. Daniel Donnelly objected to the display and took action against Dennis
Lynch, the Mayor of Pawtucket.
Question
Did the inclusion of a nativity scene in the city's display violate the Establishment Clause of the First
Amendment?
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MOCK SUPREME COURT CONFERENCE
FIRST AMENDMENT PART II
FREEDOM OF SPEECH
The Supreme Court has recognized some limitations on our freedom of
speech. What are these limitations? Summarize the limitations devised by
the court below. And as you discuss the constitutionality of each of the cases
below, be sure to apply the First Amendment and the appropriate limitation
recognized below.
Part II: Freedom of Speech
Summarize the First Amendment right to freedom of speech.
Summarize the Clear and Present Danger test (established in Schenk v. US)
Summarize “Fighting Words” (may require outside research)
Summarize “Prior Restraint”
Summarize “Symbolic Speech”
Summarize “Libel”
Summarize the Obscenity Test (aka Miller Test, from Miller v. CA)
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Case one: West Virginia Board of Education v. Barnette
Facts of the Case
The West Virginia Board of Education required that the flag salute be part of the
program of activities in all public schools. All teachers and pupils were required to
honor the Flag; refusal to salute was treated as "insubordination" and was punishable
by expulsion and charges of delinquency.
Question
Did the compulsory flag-salute for public schoolchildren violate the First Amendment?
Case 2: Cohen v. California
Facts of the Case
A 19-year-old department store worker expressed his opposition to the Vietnam War
by wearing a jacket emblazoned with "F--- THE DRAFT. STOP THE WAR" The young
man, Paul Cohen, was charged under a California statute that prohibits "maliciously
and willfully disturb[ing] the peace and quiet of any neighborhood or person [by]
offensive conduct." Cohen was found guilty and sentenced to 30 days in jail.
Question
Did California's statute, prohibiting the display of offensive messages such as "F--the Draft," violate freedom of expression as protected by the First Amendment?
Case 3: Texas v. Johnson
Facts of the Case
In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American
flag as a means of protest against Reagan administration policies. Johnson was
tried and convicted under a Texas law outlawing flag desecration. He was
sentenced to one year in jail and assessed a $2,000 fine. After the Texas Court of
Criminal Appeals reversed the conviction, the case went to the Supreme Court.
Question
Is the desecration of an American flag, by burning or otherwise, a form of speech
that is protected under the First Amendment?
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Case 4: Tinker v. Des Moines
Facts of the Case
John Tinker, 15 years old, his sister Mary Beth Tinker, 13 years old, and
Christopher Echardt, 16 years old, decided along with their parents to protest the
Vietnam War by wearing black armbands to their Des Moines schools during the
Christmas holiday season. Upon learning of their intentions, and fearing that the
armbands would provoke disturbances, the principals of the Des Moines school
district resolved that all students wearing armbands be asked to remove them or
face suspension. When the Tinker siblings and Christopher wore their armbands to
school, they were asked to remove them. When they refused, they were
suspended until after New Year's Day.
Question
Does a prohibition against the wearing of armbands in public school, as a form of
symbolic protest, violate the First Amendment's freedom of speech protections?
Case 5 New York Times v. United States
Facts of the Case
In what became known as the "Pentagon Papers Case," the Nixon Administration
attempted to prevent the New York Times and Washington Post from publishing
materials belonging to a classified Defense Department study regarding the history of
United States activities in Vietnam. The President argued that prior restraint was
necessary to protect national security. This case was decided together with United
States v. Washington Post Co.
Question
Did the Nixon administration's efforts to prevent the publication of what it termed
"classified information" violate the First Amendment?
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