Supreme Court Cases
1. First Amendment: Chaplinsky v. New Hampshire, 315 U.S. 568 (1042)
A member of a religious group was arrested for calling a city marshal a “racketeer” (crook) and a “Fascist”
(dictator; in America, this term is generally considered derogatory.) The man was arrested and convicted for
using offensive language. He appealed this decision, claiming that the first Amendment protected his right to
free speech.
2. First Amendment: Wisconsin v. Yoder, 406 U.S. 205 (1072)
Wisconsin has a law that requires minimum school attendance until the age of 16. Some parents did not want
their children to continue schooling after the eighth grade. Members of the Amish sect of Christianity, the
parents wanted to bring up their children in a traditional religious-based farming society, completely separate
from the modern society of television, automobiles, radios, and so on. They felt that school interfered with their
old-fashioned lifestyle. The parents were convicted of violating the school attendance law. The parents appealed
the decision, claiming that school interfered with the free exercise of religion that is protected by the First
Amendment.
3. First Amendment: Spence v. Washington, 418 U.S. 405 (1974)
A Seattle college student was opposed to U/S. military action in Cambodia during the Vietnam War. He also
opposed the killing of four American college students. They had been shot down by the National Guard during
a public protest of the war. As part of his opposition, the Seattle student attached a peace symbol to a U.S. flag
and hung the flag upside down from his apartment window. He was convicted of violating a state law that made
it a crime to place a mark or picture on a flag. He appealed the decision, claiming that the First amendment
protected his right to free speech and expression.
4. Fourth Amendment: Sibron v. New York, 392 U.S. 40 (1068)
A police officer saw a man speak with a group of people who were known drug users. The officer did not hear
the conversation or see an exchange of anything between the man and the group. Later, the officer saw the same
man in a restaurant speaking with a different group of known drug users. The officer searched the man’s pocket
and found several packets of cocaine. The man was arrested and convicted of possessing an illegal substance.
The man appealed the decision. He claimed that according to the Fourth Amendment, the police officer had not
right to search him in the restaurant.
5. Fourth Amendment: Mapp v. Ohio, 367 U.S. 643 (1963)
Police officers went to a woman’s home and told her they wanted to search for a man suspected of a bombing
and look for evidence of gambling. She refused to let them in without a warrant. The police officers forced their
way into the house and found some obscene materials. The woman was arrested for violating a state law that
prohibited the possession of obscene materials. The woman appealed her arrest. She claimed that the Fourth
Amendment made the search illegal and that therefore, the obscene material that was found could not be used as
evidence against.
6. Fourth Amendment: Carroll v. United States, 267 U.S. 132 (1925)
Undercover police officers attempted to buy liquor (at that time, liquor was illegal) from three men. The men
said they would return the next day with the liquor, and they left in a car. The men did not return the next day.
Several days afterward, the same undercover officers saw two of the men they met earlier in the same car they
had been driving previously. The officers suspected the men were transporting liquor. The officers stopped the
car and searched it without a search warrant. The officers found liquor and arrested the two men for transporting
the liquor illegally. The men appealed their arrest, claiming that the Fourth Amendment protected them from
having their car searched without a warrant.
7. Fourth Amendment: California v. Greenwood, 486 U.S. 35 (1988)
Police officers were informed that a person was dealing drugs. The person’s garbage as outside on the sidewalk.
Without a warrant, the officers searched the trash and found drug-related items. The officers then obtained a
search warrant for the suspected dealer’s house. In the house, the officers found illegal drugs. They arrested the
person for possession of narcotics. The person appealed his arrest, claiming that the Fourth Amendment
protected him from having his garbage searched without a warrant.
8. Fifth and Sixth Amendments: Mincey v. Arizona, 437 U.S. 385 (1978)
Undercover police officers raided an apartment. One of the officers was shot and killed. One of the shooters in
the apartment was severely wounded. In the intensive care unit of a hospital, the man had tubes down his throat
to assist his breathing. A detective came to question the man. The man said he wanted a lawyer, but the
detective continued his questioning. Because the man could not speak with the tubes, he had to answer the
questions in writing. These written responses were later used in the man’ court trial. He was being tried for
murder and drug possession. The man appealed his conviction. He claimed that the statements he made in the
hospital were not voluntary. He said that because of his medical condition, he had been unable to exercise his
free will in responding to the detective’s questions. He said that the Fifth Amendment protected him from being
a witness against himself and that the Sixth Amendment guaranteed him the assistance of an attorney.
9. Eighth Amendment: Rummel v. Estelle, 445 U.S. 263 (1980)
A man pleaded guilty of using a credit card illegally and was sentenced to three years in prison. Two years after
his release from prison, he pleaded guilty for using a forged check and was sentenced to four years in prison.
The same year of his second release from prison, the man was found guilty by a court jury for stealing $120.75.
Because this was his third felony, the man was sentenced to life in prison. He argued against this sentence,
claiming that it was cruel and unusual. He said that life imprisonment was an excessive punishment since the
amount he had stolen was so small. He claimed that the Eighth amendment protected him from life in prison for
his crime.
10. Eighth Amendment: Louisiana ex rel. (on behalf of) Francis v. Resweber, 329 U.S. 459 (1947)
A man was convicted of murder and sentenced to death by electrocution. He was put in the chair, the switch
was thrown, but the electric current did not flow. The an did not die. He appealed another attempt at
electrocution. He claimed that a second try would be cruel and unusual, a punishment prohibited by the Eighth
Amendment.
11. Second Amendment: Presser v. Illinois, 116 U.S. 252 (1886)
A man was carrying a gun in a parade through the streets of Chicago. He was arrested and convicted of
violating an Illinois law prohibiting people who were not part of the state militia (National Guard) from
parading with guns without a license from the governor. He appealed the conviction, claiming that the Second
Amendment guaranteed his right to bear arms.
12. First Amendment: Tinker v. Des Moines (1969)
The principals of public schools in Des Moines, Iowa, had heard that some students were planning to publicize
their opposition to American involvement in the Vietnam War by wearing black armbands to school. The
principles adopted and informed students of a new policy concerning armbands. The policy stated that any
student who wore an armband to school would be asked immediately to remove it. A student who refused
would be suspended until agreeing to return to school without the armband. Two days after the announcement
and aware of the new policy, John and Mary Beth Tinker, along with a friend, wore black armbands to school.
They were asked to remove them. Because they refused, the children were suspended until they returned
without their armbands. Their fathers filed suit asking the court to prohibit school officials from enforcing the
armband policy. The court refused, claiming the school officials’ actions were reasonable in light of potential
disruptions from the students’ protest. The Tinkers appealed their case to the Supreme Court.
13. First Amendment: Stephenson v. Davenport Community School District (1992)
In 1992, gang activity at West High School had become a significant problem. Gang members used school
grounds to intimidate and recruit other students. In an attempt to combat the escalating gang activity, the school
district created a new rule that said “gang-related activities such as display of ‘colors,’ symbols, signs, etc. will
not be tolerated on school grounds. Students in violation will be suspended from school and/or recommended to
the Board for expulsion.” Brianna Stephenson was an honor roll student at West High School. Teachers
described her as “conscientious and diligent.” While discussing routine schedule matters with Brianna, her
counselor noticed a small cross tattoo on her hand. Brianna maintained that her tattoo was over two years old
and that she had no gang affiliation. The counselor, assistant principal, school police liaison officer, and another
officer ruled the tattoo was a gang symbol. Brianna was told she would be suspended with a recommendation
for expulsion if she did not remove or change the tattoo. After she underwent painful and expensive laser
surgery to remove the tattoo, Brianna was allowed to return to school. Upon her return, she filed a lawsuit
against the school district, claiming that her First Amendment right to free speech was violated.
14. First Amendment: Texas v. Johnson (1989)
Gregory Lee Johnson participated in a political demonstration during the Republican National Convention in
Dallas, Texas. Johnson was protesting policies of President Reagan and certain businesses based in Dallas.
Demonstrators marched through the streets, chanted slogans, and held protests outside the offices of several
corporations. Another demonstrator handed Johnson an American flag. When the demonstrators reached Dallas
City Hall, Johnson doused the flag with kerosene and set it on fire. During the burning of the flag, the
demonstrators shouted, “America, the red, white, and blue, we spit on you.” No one was hurt or threatened with
injury, but some witnesses to the flag burning said they were seriously offended. One witness picked up the
flag’s charred remains and buried them in his backyard. Johnson was charged with the desecration of a
venerated object, in violation of Texas law. He was convicted, sentenced to one year in prison, and fined
$2,000. The case eventually went to the Supreme Court.
15. Sixth Amendment: Gideon v. Wainwright (1963)
A burglary occurred at a bar in Florida. Someone broke a window, smashed the cigarette machine and jukebox,
and stole money from both machines. Police arrested and charged Clarence Earl Gideon with breaking and
entering. Gideon was a semi-literate drifter who could not afford a lawyer. At the trial, he asked the judge to
appoint one for him. The judge denied his request, ruling that the state did not have to pay a poor person’s legal
defense unless he was charged with a capital crime (one deserving of the death penalty) or unless some other
“special circumstances” existed. Gideon was left to represent himself in court. He did a poor job of defending
himself. He was found guilty and sentenced to five years in prison. While in prison, Gideon began studying law
in the prison library. He came to believe that his Sixth Amendment right to a lawyer had been violated. He
appealed his conviction. His appeal eventually went to the Supreme Court.
16. First Amendment: Island Trees School District v. Pico (1982)
A parent group complained to a New York school board, claiming that library policies were too “permissive.”
They argued that some books in the school library were “anti-American, anti-Christian, anti-Semitic and just
plain filthy.” Among the books parents complained about were Slaughterhouse Five, by Kurt Vonnegut, and
Best Short Stories of Negro Writers, by Langston Hughes. In response, the school district removed the books
from the school library. A group of students, led by Steven Pico, challenged the books’ removal. The students
said the books had educational value and should not have been removed just because some members of the
community disagreed with some of the books’ content. The students’ case eventually went to the Supreme
Court.
17. Second Amendment: McDonald v. Chicago (2010)
A law in Chicago, Illinois, banned handgun possession by private citizens. This ban on handguns was enacted
by the city to try to decrease the amount of gun-related violence. A number of Chicago residents sued the city,
arguing that they had the right to own handguns for self-defense purposes. They claimed the handgun ban
violated their rights. The citizens claimed that the Chicago handgun ban was unconstitutional. The citizens’ case
was eventually heard by the Supreme Court.
18. Fourth and Fifth Amendments: Hiibel v. 6th Judicial District Court of Nevada (2003)
Nevada police had received a report of a fight. The report contained a detailed description of the truck driven by
one of the suspects. During their investigation of the fight, police approached Larry Hiibel. His truck matched
the description in the report. The police asked to see Hiibel’s identification and give his name. Hiibel refused.
Police arrested Hiibel for breaking Nevada’s “stop and identify” law. This law gave police the power to require
a suspect to give his name and produce identification. Hiibel argued that his arrest was unconstitutional. He
claimed the Fourth Amendment protected him from the police officer’s unreasonable search of his
identification. He also argued that the Fifth Amendment protected him from having to tell the officer his name.
His case was eventually heard by the Supreme Court.
19. Eighth Amendment: Graham v. Florida (2010)
Terrance Graham was found guilty of robbery when he was 16 years old. He served a short jail term and was
arrested again when he turned 17. This time, he was found guilty of participating in a home invasion and
robbery. He was sentenced to life in prison without possibility of parole. He appealed his conviction, stating that
the harsh prison sentence violated his Eighth Amendment protection against “cruel and unusual” punishment.
He claimed that since he was a juvenile at the time of his crime, the sentence of life in prison with no hope of
ever getting out was an excessive punishment. He argued that essentially, his sentence was the same as a death
sentence, since he would end up dying in prison. (Back in 2005, the Supreme Court decided that juveniles may
not be executed under the death penalty, no matter what crime they committed.) Graham’s case was eventually
heard by the Supreme Court.
20. Fifth and Fourteenth Amendments: Loving v. Virginia (1967)
Four months after getting married, Mildred Jeter and her new husband, Richard Loving, were charged with
breaking Virginia law. Virginia was one of sixteen states at the time that prohibited interracial marriages.
Mildred was African American and her husband was European American. The couple pleaded guilty to the
charge and the judge gave them a choice of sentencing. They could either spend one year in jail or to leave the
state for twenty-five years. The Virginia judge told Mr. and Mrs. Loving: “Almighty God created the
races…and He placed them on separate continents…The fact He separated the races shows that He did not
intend for the races to mix.” The couple moved to Washington, D.C. and appealed their conviction. They
claimed that Virginia law violated their right to equal protection of the law under the Fourteenth Amendment.
They said they had just as much right as an all-black or all-white couple to pursue happiness in marriage. They
also claimed Virginia law violated their right to due process under the Fifth Amendment. They said the state
took away their liberty unfairly.