FCLE Landmark Supreme Court Cases 4 — Questions and Answers
Question 1: In Schenck v. United States (1919), Justice Holmes introduced the concept that speech can be restricted if it presents a:
- Reasonable tendency to embarrass the government
- Clear and present danger (Correct answer)
- Probable cause of civil disorder
- Substantial disruption of public order
Correct answer: Clear and present danger
Holmes's opinion established the 'clear and present danger' test, upholding the conviction of a socialist who distributed anti-draft leaflets during World War I.
Question 2: What was the significance of McCulloch v. Maryland (1819)?
- It established limits on federal taxation of citizens
- It affirmed federal supremacy and implied congressional powers (Correct answer)
- It granted states the right to charter their own banks
- It struck down the first National Bank as unconstitutional
Correct answer: It affirmed federal supremacy and implied congressional powers
The Court ruled that Congress had implied power to create a national bank and that Maryland could not tax it, establishing broad federal authority under the Necessary and Proper Clause.
Question 3: Roe v. Wade (1973) was later overturned by which Supreme Court decision?
- Planned Parenthood v. Casey
- Gonzales v. Carhart
- Dobbs v. Jackson Women's Health Organization (Correct answer)
- Whole Woman's Health v. Hellerstedt
Correct answer: Dobbs v. Jackson Women's Health Organization
In Dobbs v. Jackson Women's Health Organization (2022), the Court held that the Constitution does not confer a right to abortion, overruling Roe v. Wade.
Question 4: In Hazelwood School District v. Kuhlmeier (1988), the Court ruled that school officials:
- Cannot censor any student newspaper
- May exercise editorial control over school-sponsored student publications (Correct answer)
- Must allow all student viewpoints in official publications
- Cannot punish students for off-campus speech
Correct answer: May exercise editorial control over school-sponsored student publications
The Court held that educators may restrict student speech in school-sponsored activities if their actions are reasonably related to legitimate pedagogical concerns.
Question 5: Citizens United v. Federal Election Commission (2010) held that:
- Corporations may donate directly to political candidates
- Political spending by corporations and unions is protected First Amendment speech (Correct answer)
- Campaign contribution limits are constitutional
- Foreign corporations may fund U.S. political campaigns
Correct answer: Political spending by corporations and unions is protected First Amendment speech
The Court ruled 5-4 that the government cannot restrict independent political expenditures by corporations, associations, or labor unions.
Question 6: The Supreme Court's ruling in Furman v. Georgia (1972) temporarily halted capital punishment because:
- The death penalty is inherently cruel and unusual
- Death sentences were being applied in an arbitrary and capricious manner (Correct answer)
- Capital punishment violates due process in all cases
- Juries cannot be trusted to impose death sentences fairly
Correct answer: Death sentences were being applied in an arbitrary and capricious manner
The fractured Court found that the arbitrary application of death sentences constituted cruel and unusual punishment under the Eighth Amendment.
Question 7: In New Jersey v. T.L.O. (1985), the Supreme Court held that school officials conducting searches of students need only:
- A warrant issued by a judge
- Probable cause identical to that required of police
- Reasonable suspicion that the search will reveal evidence of a rule violation (Correct answer)
- Consent of the student's parents
Correct answer: Reasonable suspicion that the search will reveal evidence of a rule violation
The Court balanced students' privacy interests against schools' need to maintain order, requiring only 'reasonable suspicion' rather than the higher 'probable cause' standard.
FCLE Landmark Supreme Court Cases 4
In Schenck v.
United States (1919), Justice Holmes introduced the concept that speech can be restricted if it presents a: