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Páginas: 7 (1583 palabras) Publicado: 4 de diciembre de 2012
BROWN VS. BOARD OF EDUCATION
Facts and precedents:
This case is the result of several different cases from Kansas, South Carolina, Virginia, and Delaware. Several black children (through their legal representatives) Sued admission to public schools that required or permitted segregation based on race. The plaintiffs alleged that segregation was unconstitutional under the Equal ProtectionClause of the Fourteenth Amendment.

In all but one case, a three judge federal district court cited Plessy v. Ferguson in denying relief under the “separate but equal” doctrine. On appeal to the Supreme Court, the plaintiffs contended that segregated schools were not and could not be made equal and that they were therefore not to be of equal protection of the laws.
Decision:
The final desisionwas that it was an unfair treatment to the “black” students to have them segregated in matter of education:
“Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does... Segregation of white andcolored children in public schools has a detrimental effect upon the colored children. The impact is greater when it has the sanction of the law, for the policy of separating the races is usually interpreted as denoting the inferiority of the negro group. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law, therefore, has a tendency to [retard] theeducational and mental development of negro children and to deprive them of some of the benefits they would receive in a racial[ly] integrated school system... We conclude that, in the field of public education, the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom theactions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.”
My conclusion:
I definitely agree on that matter, I do not believe on segregation, i belive that talking about public education should be equal for everyone, not considering skin colour.
As well, this kind of segregation certainlyaffected any possibility of any black student to make contacts with important people, which of course went to “white schools”. Teachers may have as well had other level of education, I do not mean it as discrimination, but of course this was because their opportunities were much more limited than for the white.

GITLOW VS. PEOPLE
Background and facts:
* Gitlow was member of the left wingcommunist party published “ the left wing manifiesto”
* They were radical communists
* Overthrow government
* Replaced by proletariat dictatorship (government)
* There were some limits for the 1st amendment concerning freedom of speech and press
* The NY law considered criminal anarchy as a felony, which were actions to overthrow the government, unlawful and violent actions¿How did the case reach the supreme court?
* The case reached the supreme court because of a writ of error, because of the 1st amendment and violation to the due process clause.
* Criminal Anarchy statute was unconstitutional, because it did not establish parameter for proving damages to society or state.
* There must be a clear and present danger!
* Any changes in the govermentshould be done by ballots ( elections).
Arguments:
The Court upheld Gitlow's conviction on the basis that the government may suppress or punish speech that directly advocates the unlawful overthrow of the government and it upheld the constitutionality the state statute at issue, which made it a crime to advocate the duty, need, or appropriateness of overthrowing government by force or violence....
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