

1803
DECISION

Established the concept of Judicial Review: the
Supreme court has the final authority to find acts
of government unconstitutional

What happened


DECISION




Students wrote an article the principal would not
allow to be published in the school newspaper
Schools can filter or limit information that is
placed into a school newspaper.
This case allows school officials to have full control
of school sponsored activities
Activities can continue “so long as their actions are
reasonably related to legitimate pedagogical
concerns
1st Amendment (1988)

What happened


DECISION


2 students caught smoking in bathroom, sent to VP,
asked to open purses, VP found rolling paper used
for marijuana, asked students to dump out purses,
found money, marijuana, and list of people owing
her money
Schools are only required to have “reasonable
suspicion” to search students
4th Amendment (1985)

What happened


DECISION


Obscene Speech at assembly
Schools may limit the profane, obscene lewd
speech of a student
1st Amendment (1983)

What happened


DECISION


Students wore black arm bands protesting Vietnam
War, they were suspended
A student does not shed his rights at the door.
Black armbands to protest the Vietnam War can be
worn since they are not disruptive.
1st Amendment (1969)

What happened


Sent to juvenile detention for an alleged obscene
phone call, no lawyer, no witnesses
DECISION

Juveniles are provide due process as well as adults
 Prior to this ruling juvenile crimes were handled in
family law not criminal law

14th Amendment – Due Process (1966)

What happened


DECISION


Maryland tried to put a tax on a branch of the Bank
of the US
A state cannot tax a federal institution
Supremacy Clause (1819)

What happened


DECISION


Ogden had NY state license to ferry people from
NYC to NJ, Gibbons also ferried people but had no
state license but did have a federal coasting license
The Federal government has the power over the
state to regulate interstate commerce. Federal ferry
license prevails over a State Ferry License (no NY
monopoly)
Supremacy Clause (1824)

What happened


DECISION


Sandford lived in MO (a slave state) took Dred
Scott to IL (a free state) and Scott said he was now
free
States cannot deprive a person of his right to
property
5th Amendment (1857)

What happened


DECISION


Plessy (1/8 of African decent) sat in white only train
car, would not move when asked
Established the concept of “separate but equal” in
public facilities
14th Amendment (1896)

What happened


DECISION




Mr. Brown wanted his daughter to attend the
neighborhood school (she was black and the school
was for whites)
Schools were desegregated. Separate is unequal.
Separate but equal has no place
Integrated schools
Overturned Plessy v. Ferguson
14th Amendment (1954)

What happened


DECISION




Mr. Swann said CMS was not integrated even
though Brown v. Board of Ed said that segregation
is not okay
Court ordered busing to integrate schools
This decision changed the landscape of CMS schools
by forcing the busing of students outside their
neighborhood school
This lead to forced desegregation of schools
14th Amendment (1971)

What happened


Mr. Korematsu said it is not Constitutional for people
of Japanese decent to be forced to move to internment
camps
DECISION
Justices ruled for US government saying that times of
national hardship and extreme times can allow some
individual rights to be taken away
 Court upheld the military order presented by the
circumstances of WW II – “Pressing public necessity may
sometimes justify the existence of restrictions which
curtail the civil rights of a single racial group”


5th Amendment – Due Process (1944)

What happened


DECISION


Georgia death penalty law vague and so most
death row inmates were Black men
Capital Punishment and the enforcement of the
death penalty cannot be racially biased
8th and 14th Amendment (1971)

What happened


DECISION


Sentenced to death for 2 counts murder
Upheld sentences of death – death penalty itself
does not violate the Constitution
8th and 14th Amendments (1976)

What happened


Gideon charged with crime, at that time in FL lawyers
only given for death penalty and insanity cases, he had
no money to pay a lawyer and was found guilty
DECISION
All accused persons are entitled to a lawyer, even if they
cannot afford one.
 Right to Counsel
 Person must have counsel provided, regardless of the
charges filed against them
 Gideon Rule


6th Amendment (1963)

What happened


Miranda arrested but not told his right to not confess to
the crime, he signed a confession and was convicted
DECISION
A person must be read his or her rights before being
arrested.
 When Ernesto Miranda was arrested and questioned and
signed a confession that listed that he had “full
knowledge of his legal rights”, he was not made aware of
his rights to counsel and the confession was illegally
gained.


5th Amendment (1966)

What happened


Police searched Mapp’s house with a fake warrant
and found illegal material
DECISION



Illegally obtained evidence cannot be used in court.
Illegal Evidence and Due Process Clause
No illegal search and seizures applied to all states
 Before this rule not every state incorporated excluding
evidence gained through an illegal search


Exclusionary Rule
4th and 14th Amendment (1962)

What happened/Decision


“Reasonable expectation of privacy” did not
include wiretapping. 4th amendment does not
protect individuals form wiretapping. And this
evidence may be used in court.
4th Amendment (1928)

What happened


School board required students to say a prayer at
beginning of each day
DECISION
A school cannot require students to pray. This court
case upheld separation of church and state.
 Establishment Clause
 Eliminated prayers in school
 Students cannot be forced to recite a prayer because it
violates their 1st Amendment right to freedom of religion


1st Amendment (1962)

What happened


Texas had a law against desecrating the Flag, Mr.
Johnson burned a Flag in protest
DECISION
The Government cannot limit a citizen’s right to
burn the US Flag
 This case protected the rights of individuals to
freedom of expression, even if in this case that
expression is the burning of the American flag


1st Amendment (1989)

What happened/Decision


A state cannot take away a woman’s right to an
abortion
4th Amendment (1973)

What happened


DECISION


Anti-Vietnam leader who urged men to resist the
draft
Free speech is limited during times of war and 1st
Amendment rights are not absolute
1st Amendment (1919)

What happened


DECISION


A white student was not accepted in to the school
and several minority students with lower scores
were
Schools cant use admissions quotas and admit
students solely based on race
14th Amendment (1978)

What happened/Decision


Congress could outlaw racial segregation of private
facilities that are engaged in interstate commerce
Supremacy Clause (1964)