Eva Eiseman

Eva  Eiseman

AP Government

Period 2 Gordon

The Supreme Court is the highest ranked judicial court in the country. It is made up of one Chief Justice and eight other associate justices. The rulings of the Supreme Court cannot be appealed. The Supreme Court has undeniable power in American politics and the cases that they examine usually deal with the interpretation of the constitution. Founded in 1790, the Supreme Court has historically dealt with a variety of issues, including freedom of speech, religion and press. Some of the court cases that exemplify these issues are Schenck v. United States, Wisconsin v. Yoder, and Citizens United v. FEC. The findings from these cases continue to have an impact on current issues going on today.

In 1919, a socialist by the name Charles Schenck handed out flyers that proclaimed the war draft was involuntary servitude. He accused the U.S military of laboring a person against their will to benefit another. The flyer also encouraged draftees to petition to repeal the draft. As a result of his actions, Schenck was charged with violating  the newly formed Espionage Act of 1917. The Act made it a federal offense to use “disloyal, profane, or abusive language” about the constitution, the government, the American uniform, or the flag (Oyez). Schenck responded to the charge by claiming the act disregarded the first amendment. In a conservative court room, The Chief Justice Oliver Wendell Holmes, ruled that the First Amendment doesn't protect speech that creates “a clear present danger” (khan academy). Holmes compared the handing out of flyers to someone yelling “Fire!” in a crowded theatre, which was not permitted under the first amendment. 

In 1971, Jonas Yoder, a member of the Amish religion decided that he did not want his children going to school past the eighth grade. He argued that attending high school conflicted with the Old Order Amish religions beliefs. However, Wisconsin law required that all children attend school until they were 16 years old. This meant that Yoder and all other parents would have to send their children to high school for their first two years. The Supreme Court decided that the freedom to practice religion under the first amendment was more significant than attending school past the eighth grade. In a liberal court, Chief Justice Warren E. Burger ruled with the majority that requiring kids to attend high school was “in sharp conflict with the fundamental mode of life mandated by the Amish religion” (Oyez). Therefore he did not condone making the law more important than individual religious freedom. 

In 2010, the U.S Supreme Court decided that there should be no limits on corporate funding of political campaigns. Two years before that decision a non-profit and conservative organization called Citizens United produced a documentary that negatively portrayed Hillary Clinton and her campaign. In 2002, the Bipartisan Campaign Reform Act (BCRA) was established to regulate the financing of political campaigns. Section 203 in the BCRA specifically prevented corporations or labor unions from funding communication from general treasuries. Citizens United filed for an injunction against BCRA to prevent them from getting in the way of their documentary. While the U.S District Court originally ruled against Citizens United on all accounts, when the case was brought to the U.S Supreme Court they overruled the District Court’s findings. Citizens United fought that section 203 of the BCRA violated their first amendment. When applied to the movie they felt as if they were not able to pursue their freedom of speech. By A 5-4 vote, the majority ruled that there should be no limitations on corporate funding and political involvement. While a conservative Chief Justice John G. Roberts was heavily involved in the court’s decision, it was Justice Kennedy who ultimately wrote the majority opinion. 

Even though these cases took place several years ago, each of the issues presented are still relevant today. In its efforts to uphold the constitution the U.S Supreme Court has the ability to impact the way our society functions. In Schenck v. United States, the freedom of press and speech in the first amendment was disregarded. Today, speaking out against the government is acceptable as long as you don’t endanger the lives of other people or put them in harm's way. Many protesters have faced these rules while trying to address things like guns, gender equality, war, etc. In Yoder v. Wisconsin freedom of religion gave an Amish family the opportunity to choose a path that allowed them to carry out their beliefs. An example of this in today’s society is a family’s ability to send their kids to schools with curriculum that embraces their religious priorities. The impact of the Supreme Court's Citizens United v. FEC decision is that large corporations now have the ability to influence local, state and national elections because there are no longer limitations on the money they can contribute to a candidate or campaign. An example of this took place in the 2016 elections when the Koch Brothers spent large quantities of money on candidates that supported their political and business interests.  

Works Cited

"Schenck v. United States." Oyez, www.oyez.org/cases/1900-1940/249us47. Accessed 15 Aug. 2019.

"Citizens United v. Federal Election Commission." Oyez, www.oyez.org/cases/2008/08-205. Accessed 18 Aug. 2019.

"Wisconsin v. Yoder." Oyez, www.oyez.org/cases/1971/70-110. Accessed 20 Aug. 2019.

Mawdsley, Ralph D. “Wisconsin v. Yoder.” Encyclopædia Britannica, Encyclopædia Britannica, Inc., www.britannica.com/topic/Wisconsin-v-Yoder.

“The Supreme Court: What Does It Do?” Ushistory.org, Independence Hall Association, www.ushistory.org/gov/9c.asp.

Mawdsley, Ralph D. “Wisconsin v. Yoder.” Encyclopædia Britannica, Encyclopædia Britannica, Inc., www.britannica.com/topic/Wisconsin-v-Yoder.

“The Supreme Court . Capitalism and Conflict . Landmark Cases . Schenck v. U.S. (1919): PBS.” THIRTEEN, www.thirteen.org/wnet/supremecourt/capitalism/landmark_schenck.html.