Supreme Court Student Research Responses – If you feel your peers did not provide enough detail, please review the case on http://www.oyez.com. Case and Year New Jersey versus TLO 1985 Background TLO was a high school student who had drugs. TLO moved evidence and it was denied. 4th amendment should be applied? Roe versus Wade Roe was a pregnant Texan who said abortion 1973 law prohibited her. Korematsu versus United States 1944 Hazelwood versus Kuhlmeier 1988 FDR basically argued that most of the Japanese-Americans need to vacate their homes 12 months after Pearl Harbor. Korematsu failed to relocate. H.E. HS edited school’s newspaper. Principal Reynolds didn’t approve of 2 of its articles. Kuhlmeier and other students took this to court. Constitutional Issue Does the 4th amendment apply to seizures controlled by school officials? Supreme Court decision. No, the decision made by Paul Stevens said that NJ didn’t include the 4th amendment. SC shouldn’t provide this guidance. Does the constitution embrace 7-2 decision in favor of Roe. Court the woman’s right to terminate says women’s right to abortion fell her pregnancy by abortion? to the privacy protection of the 14th amendment. Laws of 46 states were affected. Did the President and Congress 6-3 decision in favor of US Court go beyond their “War Powers,” by sided with government and held implementing exclusion and the need to protect against restricting the rights of Japanese- espionage out-weighed Americans? Korematsu’s rights. Did the principal’s deletion of the 5-3 decision in favor of Hazelwood. articles violate the students’ The court held that the 1st st rights under the 1 amendment? amendment did not require schools to promote any particular types of student speech. Case and Year Background Constitutional Issue Supreme Court decision. United States versus Virginia 1996 VMI only public male undergrad institute. U.S. brought suit to Virginia and VMI. VMI wanted to compromise w/ Virginia’s Women’s Institute of Leadership. VMIL. No. 7-1 majority in favor of the United States. The court said that VMIL would not get the same opportunities or benefits as men. Roe V Wade 1973 Roe, a Texas resident, wants an abortion but Texas’ law says can only have one to save her life. The case was argued twice. The second one Sarah Weddington sharpened her constitutional argument. Does Virginia’s creation of a women’s only academy as a comparable program to a male only academy satisfy the 14th amendment’s equal protection clause? Does the Constitution embrace a woman’s right to terminate her pregnancy by abortion? Yes. With a 7-2 majority for Roe, the Court held that a woman’s right to abortion fell within the right to privacy preceded by the 14th amendment. Supreme Court Student Research Responses – If you feel your peers did not provide enough detail, please review the case on http://www.oyez.com. New Jersey v TLU 1985 High school student was searched for cigarettes. They found marijuana. Found guilty and sentenced to 1-year probation. Search and seizure 4th amendment. Whether or not this amendment applied to students inside of the school. Appealed his right to life, liberty, and the pursuit of happiness. Ruled that the search and seizure was unconstitutional and therefore the evidence did not hold up. Korematsu v U.S. 1944 Japanese citizens were not allowed in areas deemed critical to national defense. Korematsu remained in San Francisco California. Case and Year Background Constitutional Issue Supreme Court decision. Plessy v Ferguson 1896 Homer Plessy, 7/8th white, took a seat on a railcar and refused to move, violating Louisiana state law. Does Louisiana’s law violate the 14th amendment? 7-1 for Ferguson. Separate but Equal. Segregation unlawful discrimination. Brown v Board 1954 Students were separated in classrooms based upon race. Miranda versus Arizona 1966 Numerous cases of people being interrogated w/o being told their rights. Segregating children = violating the 14th amendment? How should SCOTUS act on the verdict? Does the police practice of interrogating individuals without notifying them of their right to counsel and their protection against self-incrimination violate the 5th amendment? Did the University of California violate the 14th amendment’s equal protection clause, and the Civil Rights Act of 1964 by practicing an affirmative action policy that resulted in the rejection of Bakke’s application for admission to it’s medical school? Yes it violated all school authority and they must abide by new principles. Prosecutors couldn’t use statements unless they told people being interrogated their rights. Constitutional Issue Supreme Court decision. Regents v. Bakke 1978 Bakke applied for medical school with outstanding scores but was turned away because the college reserved spots for “eligible minorities.” Case and Year Background Ruled in favor of the gov. The gov. was correct to remove him and “In times of emergency and peril his rights could be overruled.” Origin of Miranda Rights. Bakke was granted admission. Any race quota system supported by the gov’t violated the Civil Rights Act of 1964. Racial standards were not changed at the school. Supreme Court Student Research Responses – If you feel your peers did not provide enough detail, please review the case on http://www.oyez.com. Gideon v Wainwright 1963 Brandenburg v Ohio 1969 Texas versus Johnson 1989 Gideon was charged with a felony in Florida; requested a lawyer but was denied; filed habeas corpus petition but Florida denied it. Brandenburg, a KKK leader, made a speech and was arrested because it is illegal to advocate crime and violence. Johnson burned an American flag and was convicted under Texas law. The conviction got reversed in appeal and went to the SCOTUS. Does the 6th amendment apply to felony defendants in state courts? Reno versus ACLU 1996 People challenged the constitutionality of 2 provisions in the 1996 Communications Decency Act (made illegal the posting of obscene or indecent messages on the internet). Did the provisions violate the 1st and 5th amendments by being to broad/vague? Case and Year Mapp versus Ohio 1961 Tinker v Des Moines 1969 Background Mapp was found w/ obscene materials because of an illegal police search. Constitutional Issue The search violated the 4th amendment. Engel v Vitale 1962 The board wanted to say a prayer everyday in the morning. The students weren’t allowed to wear armbands at school and got suspended for doing so. Was Brandenburg protected by the 1st and 14th amendments when he made his speech? Is destroying the American Flag a form of speech that is protected by the 1st amendment? Yes it did apply. Felony defendants in state courts have a right to a lawyer. Majority vote: 9-0 Ohio’s law violated Brandenburg’s right to free speech. Majority vote: 9-0 His actions were protected by the 1st amendment and his actions fell under the expressive conduct category. The fact that the people take offence to a certain thing, doesn’t justify prohibition of speech. Majority vote: 5-4 Yes. It violated the 1st amendment because it didn’t clearly define “indecent,” communications. Courts refused to address the 5th amendment issues. Majority vote: 9-0 Supreme Court decision. 6-3 decision in favor of Mapp. Majority opinion by Tom C. Clark evidence cannot be used. Violated 1st amendment (freedom 7-2 decision in favor of Tinker. of speech) Majority opinion ruled that the students had the 1st amendment, even while at school. st Violated 1 amendment (freedom 6-1 decision for Engel. Majority of speech & freedom of religion) opinion ruled that it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools. Supreme Court Student Research Responses – If you feel your peers did not provide enough detail, please review the case on http://www.oyez.com. Schenck v United States 1919 Schenck encouraged insubordination of military during WW1 Violation of 1st amendment. Charged w/ conspiracy and violation of Espionage Act. Unanimous decision for United States. Majority opinion, Schenck is not protected during wartimes.