AP US Government and Politics · Exam guide

AP Gov SCOTUS Comparison FRQ Explained: How the 4 Points Are Scored

The SCOTUS comparison is the third free-response question. You are given a short description of a Supreme Court case you may not have studied, and you compare it with a required case you must know well. The question tests whether you understand why different facts led the Court to different holdings. Plan on about 20 minutes.

How the four points are scored

Part	Points	What earns it
(a) identify the clause	1	Identify the constitutional clause or provision common to the required case and the case described in the prompt.
(b) explain the difference	2	Explain how the facts of the two cases led to different holdings, with accurate reasoning from the required case and the facts given. One point for a correct comparison of facts or reasoning, and one for explaining why that difference produced the different outcome.
(c) describe an interaction	1	Describe a specific action that Congress, the president, an interest group, or the public could take in response to the decision, and how it would affect the decision.
Total	4

How to study the required cases

For every required case, keep a five-line card: the constitutional clause, the key facts, the holding, the reasoning, and an example of how it is applied. Here is one filled in.

Card line	Tinker v. Des Moines (1969)
Clause	First Amendment, free speech.
Facts	Students were suspended for wearing black armbands to school to protest the Vietnam War.
Holding	The suspension violated the students' free speech rights.
Reasoning	Students do not lose their rights at the schoolhouse gate, and schools may restrict speech only if it would substantially disrupt the school, which silent armbands did not.
Applied	Later cases ask whether school speech is disruptive or political before deciding how far schools may restrict it.

A sample question, answered

In Bethel School District v. Fraser (1986), a high school student gave a speech at a school assembly that was filled with sexual innuendo. The school suspended him, and the Supreme Court ruled that the school could discipline him. (a) Identify the constitutional clause common to Tinker v. Des Moines and Bethel School District v. Fraser. (b) Explain why the facts of Fraser led the Court to a different holding than Tinker. (c) Describe one action an interest group could take in response to the Fraser decision and its likely effect.

Part (a): earns the pointThe free speech clause of the First Amendment.

Part (b): does not earn the pointThe cases had different facts, so the Court decided differently.

It says the facts differ but does not name any fact or the Court's reasoning, so it earns nothing.

Part (b): earns both pointsIn Tinker, students silently wore armbands to make a political statement, which did not disrupt school, so the Court protected the speech. In Fraser, the speech was lewd and was delivered to a captive audience at a school assembly, so the Court held that schools may punish vulgar speech that undermines their educational mission. The difference in the content and setting of the speech led to different holdings.

It names a fact from each case, gives the Court's reasoning, and states why the difference produced a different outcome.

Part (c): earns the pointA civil liberties group such as the ACLU could sponsor lawsuits for students punished for political speech, arguing that Tinker, not Fraser, applies. A successful suit would narrow the reach of Fraser and protect student political expression.

It names an actor, a specific action, and the effect on the decision.

Common mistakes

Naming the wrong clause, such as a Fourteenth Amendment clause when the shared issue is free speech. Read the facts to see which right is at stake.
Mixing up the facts of two cases. Learn each required case as a story with a clause, facts, holding, and reasoning.
Writing a vague part (c), such as "people could protest." Name an actor, an action, and an effect.

Frequently asked questions

How many points is the SCOTUS comparison worth?

Four points: one for the clause, two for explaining the difference, and one for describing a response. It is worth 12.5 percent of your exam score.

Do I need to know the non-required case?

No. The prompt describes it. You must know the required case well enough to compare.

What are the required cases?

The AP course names a set of required Supreme Court cases. Our AP US Government course covers all 14 of them, each with facts, holding, and reasoning.

What counts for part (c)?

A specific action by Congress, the president, an interest group, or the public, plus its effect on the decision. A general statement that people could react does not count.

How much time should I spend?

About 20 minutes. Start by writing the required case's clause, facts, and holding in the margin, then compare.

Keep practicing

The AP US Government course has five practice prompts of each of the four free-response types, with writing spaces that score your response against the official rubric for that type, and every unit review ends with two free-response questions and a model answer. These free lessons also build the skills the free-response section tests:

See the AP US Government and Politics course Free lessons and lesson list

Other free-response guides:

AP is a registered trademark of the College Board, which is not affiliated with and does not endorse this site. This guide is our own explanation of the question types and scoring. For the official scoring guidelines, see the College Board.