Kyla Guzman

Kyla Guzman

August 21, 2019

AP U.S Government and Politics

In 1951, Linda Brown tried entering an all white elementary school in Topeka, Kansas. She, however, was denied access to the school. Oliver Brown, Linda’s father, was angered by the fact that his daughter was denied access. Since the ruling of Plessy v. Ferguson in 1896, which stated that schools could be separate yet they had to be equal. This was not the case in Topeka, Kansas or in many states throughout the country. Brown wanted his daughter to have the same access and level of education as the kids attending the all white schools. Brown decided on creating a lawsuit against the Board of Education in Topeka, Kansas. He claimed that black schools were not equal to the white schools. He claimed that this lack of equality violated the Equal Protection Clause written in the 14th amendment. The case was presented before the U.S District Court in Kansas. They ruled that even though segregated schools had detrimental effects on students of color, the schools still upheld the “separate but equal” doctrine. In 1952, Brown’s case went up before the Supreme Court. The justices were divided. Chief Justice, Fred M. Vinson, thought that the ruling of Plessy v. Ferguson should be upheld and that schools should be allowed to stay separate but equal. Right before September of 1953, when Brown’s case was to be heard, Justice Vinson died of a heart attack. President Eisenhower replaced Vinson with Earl Warren, the former Governor of California. Warren succeeded in getting a unanimous vote against the school board. The decision was issued on May 17th 1954. The Supreme Court ruled that the defendants were “ deprived of the equal protection of the laws guaranteed by the 14th amendment”. The fourteenth amendment states that any person born or naturalized in the United States are guaranteed equal protection of the law. Although the 14th amendment doesn’t explicitly list education as a fundamental right, the school system is run by the state. Therefore, the schools should have been allowing every student despite race the same protection of the law. The court ruled that separate but equal violated this protection. This caused schools to desegregate. This case was extremely important in launching the civil rights movement. Brown v. BOE was one of, if not the first, major legal changes when it came to Jim Crow laws. People were finally taking a stand for the  mistreatment they’ve endured and the government was starting to make changes as well. Without Brown v. BOE, integration might have happened at a much slower rate. By overturning Plessy v. Ferguson, people of all races were able to come together and fight for equality. 

Jane Roe (changed name for privacy) was a resident of Texas who had gotten pregnant in the 1970s. During this time, abortion was illegal in Texas except for medical reasons to save the mother’s life. Roe felt that she should be able to choose whether or not she should be able to obtain an abortion. She filed a lawsuit against Henry Wade, the District Attorney of Dallas County. Roe claimed that the state statute preventing her from being able to get an abortion violated her right of personal liberty and the right to privacy. She argued that this statute violated the 1st, 4th,5th,9th, and 14th amendments. The case was originally tried at the U.S District Court for the Northern District of Texas. Then it was tried at the Supreme Court level. The court decided on a 7 to 2 vote that in the first trimester of pregnancy, the state may not have the power to regulate the decision for an abortion.  They ruled in favor of Jane Roe. The Chief Justice Warren Burger, ruled in favor with the majority. They ruled that the Due Process Clause in the Fourteenth amendment protects against state action to right of privacy. The court justified that a woman's pregnancy and how they choose to deal with it, falls into the right to privacy category. The Due Process Clause within the 14th amendment states “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”. This amendment acts as a barrier between the Government and the people. It protects the citizens from denial of life, liberty, or property by the Government. Roe believed that it was beyond the Government’s decision to tell her whether or not she could obtain an abortion. After hearing this case the court agreed that the statute was in violation of the 14th amendment. This concern is still very prevalent in our society today. One of the main things in Justice Kavanaugh is trying to accomplish is overturning Roe V. Wade. There are many strong opinions about this topic and it has been a very dividing issue in our country as of late. 

In 2008,Citizens United filed an injunction against the Federal Election Commission. Citizens United argued that corporations should be allowed to spend money on political campaigning and that section 208 of the Bipartisan Campaign Reform Act was unconstitutional. They originally filed an injunction at the U.S District Court for the District of Columbia. The District Court denied the injunction because in McConnell v. FEC had already ruled that it was not unconstitutional. However they eventually moved on to the Supreme Court. There at the Supreme Court they ruled in a 5 to 4 vote that laws prohibiting corporations and unions from spending their money on political campaigning violated the first amendment. They said it was unconstitutional because corporations and unions are covered by the first amendment. They are allowed to use money on political spending as covered by the first amendment. The court overruled Austin v. Michigan Chamber of Commerce and McConnell v. FEC. The first amendment covers the right to free speech, freedom to assemble, freedom of religion, and freedom of the press. This case relates to the first amendment because the government was trying to control people’s freedom of expression when spending their money on political campaigns. Despite corporate identity, speakers are still guaranteed free speech. Chief Justice John Roberts voted with the majority. Freedom of speech is still being under attack in today’s society. On social media, especially, people are being censored and subjected to silence. Companies are censoring users based on personal biases. It is important that the first amendment is upholded and protected despite corporations.