The Rights
of
Individuals
Analyze court cases
that demonstrate
how the U.S.
constitution and the
bill of rights protect
the rights of
individuals
Getting the Idea
 Constitution became the law
of the land in 1787 on the
promise that a “bill of rights”
would be added soon
 1791 – Bill of Rights was
added
› Preserves the individual rights of
citizens by defining the limits of
government
The Supreme Court of the U.S.
 Highest judicial authority in the U.S.
 Chief functions of the 9 member court are:
› Applying the Constitution
› Interpreting the Constitution
 Justices are appointed by the President and
confirmed by the Senate
 Has the final word on any questions dealing
with treaties, legislation, and the Constitution
 Supreme Court decisions can only be changed
by amendments to the Constitution or an
appeal to the Court to change its decision
•Texas v. Johnson
•Engel v. Vitale
THE SUPREME COURT PROTECTS
FREEDOM OF EXPRESSION & RELIGION
Texas v. Johnson
 Year:
› 1989
 Issue:
› In 1984 a man named Gregory Johnson burned the
American flag as a sign of protest. Was convicted by
a lower court and brought his case to the Supreme
Court.
 Decision:
› His action fell under the category of freedom of
speech.
 Significance:
› Struck down state laws making flag burning a crime
Engel v. Vitale
 Year:
› 1962
 Issue:
› Prayer in public school
 Decision:
› Banned under the 1st amendment
 Significance:
› Upheld the 1st amendment’s
prohibition against the government
establishing a religion
Mapp v. Ohio
Gideon v. Wainwright
Miranda v. Arizona
LEGAL RIGHTS
Mapp v. Ohio
 Year:
› 1961
 Issue:
› Evidence obtained without a search
warrant
 Decision:
› Evidence was obtained illegally and was
not admissible in court
 Significance:
› Upheld rights protected under the 4th
amendment
Gideon v. Wainwright
 Year:
› 1963
 Issue:
› Right to legal counsel
 Decision:
› Affirmed that those accused of crimes
have the right to legal representation
 Significance:
› Upheld rights protected under the 6th
amendment
Miranda v. Arizona
 Year:
› 1966
 Issue:
› Self-incrimination
 Decision:
› Upheld 5th amendment’s protection against selfincrimination
› Ruled that the arresting law enforcement
officials have to inform suspects of their legal
rights
 Significance:
› Upheld rights protected under the 5th
amendment
› Started “you have the right to remain silent….”
Furman v. Georgia
Gregg v. Georgia
CAPITAL PUNISHMENT
Furman v. Georgia
 Year:
› 1972
 Issue:
› Capital punishment
 Decision:
› Ruled that it was “cruel and unusual
punishment”
 Significance:
› Upheld rights in the 8th amendment
Gregg v. Georgia
 Year:
› 1976
 Issue:
› Capital punishment
 Decision:
› Ruled that in extreme cases the death
penalty was not cruel and unusual
punishment
 Significance:
› Restored and eventually extended the
death penalty
Tinker v. Des Moines School District
New Jersey v. T.L.O.
Bethel School District No. 403 v. Frasier
Hazelwood v. Kuhlmeier
STUDENT RIGHTS
Tinker v. Des Moines School District
 Year:
› 1969
 Issue:
› Free speech as applied to high school students
› Students wore black armbands to school in
protest of the Vietnam War
 Decision:
› Ruled that the students had the right to freely
express their opinions
 Significance:
› Protected certain rights of free speech for high
school students
New Jersey v. TLO
 Year:
›
1985
 Issue:
›
›
Search-and-seizure case
14 year old student was caught smoking the
bathroom. The principal searched her purse and
found marijuana
 Decision:
›
Ruled that the search did not violate the 4th
amendment protection against illegal searches &
seizures because the state interest in educating
minors permitted such searches
 Significance:
›
School searches and metal detectors now common
Bethel School District No. 403 v.
Frasier
 Year:
›
1986
 Issue:
›
Limiting student’s freedom of speech
 Decision:
›
›
Ruled that the 10th amendment gave the states powers
not specifically granted the federal government
This included states’ authority over its school systems
 Significance:
›
You can’t say anything that you want to in school
Hazelwood v. Kuhlmeier
 Year:
› 1988
 Issue:
› Placing restrictions on a student newspaper
 Decision:
› Ruled that a school could censor it if the
paper is part of the curriculum and it goes
against the “mission of the school”
 Significance:
› You can’t write anything that you want in the
school newspaper
Regents of the University of California v. Bakke
AFFIRMATIVE ACTION
Regents of the University of
California v. Bakke
 Year:
› 1978
 Issue:
› Alan Bakke, a white man, protested that he was not
admitted to medical school because his spot went to
a black applicant
 Decision:
› Ruled that the school has a right to use race as a
criterion for admission to college though quotas
based on race could not be applied
 Significance:
› Upheld use of affirmative action