SUPREME COURT CASES
LEARN YA SOME
MORSE V. FREDERICK (2007)
• Constitution Issue: 1st Amendment
• Subject: Whether the sign “Bong Hits 4 Jesus” should be allowed at a
“school event”, Morse=Principal, Frederick=Student
• Ruling: 5-4 for Morse, that the sign promoted drug use at a school
event so it was inappropriate, limits free speech at schools
GRUTTER V. BOLLINGER ET AL. (2003)
• 14th Amendment, equal rights
• Grutter applied to Michigan Law School but was denied. Michigan says it
uses race as a factor in admissions in order to create a diverse student body
(affirmative action). Does the school’s affirmative action violate equal rights
protection
• 5-4 in favor of Bollinger, the court since the school uses multiple criteria that
race can be used as one of several factors for highly qualified individuals.
• Fisher v. University of Texas?
CHURCH OF THE LUKUMI BABALU AYE V.
HIALEAH (1993)
• 1st Amendment, Freedom of Religion (Free Exercise)
• The church practiced a Afro-Caribbean religion in which they
sacrifice animals and would be eaten most of the time. After the
church was built the city of Hialeah, FL passed laws to prohibit the
sacrifices without a state-license.
• 9-0 the court said the city could not pass laws that prohibit the
religious rights of a specific religion.
LEE V. WEISMAN (1992)
•
1st Amendment Freedom of Religion (Establishment)
•
A rabbi spoke at a middle school graduation Weisman’s daughter
was graduating so he tried to get a restraining order. It was denied
and the rabbi said prayers at the ceremony. He then filed an
injunction against the principal (Lee) from inviting clergy in the future.
•
5-4 in favor of Weisman, the ceremony created a state-sponsored
religious exercise in a public school. The students were forced to stand
respectfully and quietly during the prayer making it a state ran
prayer, which goes against the Establishment Clause.
EMPLOYMENT DIVISION V. SMITH (1990)
•
1st Amendment, Freedom of Religion (Exercise)
•
Two Native Americans got fired from their job, a private drug rehab
facility, for using Peyote, a part of their religion. Then the government
denied them “jobless benefits” since they got fired for misconduct.
After being shot down a first time, the question is whether Oregon
state laws making religious use of drugs be an offense that the state
can deny unemployment benefits for.
•
6-3 going against the 2 Native Americans (Smith). Religion does not
excuse an individual from following laws.
BOARD OF EDUCATION OF THE WESTSIDE
COMMUNITY SCHOOLS V. MERGENS
(1990)
•
1st Amendment, Freedom of Religion, Establishment
•
Westside High School denied the formation of a Christian club to meet
after school, partially because they did not have a faculty sponsor.
*Equal Access Act requires federally funded schools to allow all freedom
of expression via student groups.
•
8-1 in favor of Mergens, schools have to permit to “curriculum” and “noncurriculum student groups”. No students were forced to join the club
because of class and topics of club not taught in class.
GRISWOLD V. CONNECTICUT (1965)
• Constitutional right of privacy, 3rd, 4th, 9th, 14th, Amendment
• Griswold gave medical advice to couples about birth control, a
Connecticut law made it illegal to counsel married persons to
prevent contraception.
• 7-2 in favor of Griswold, The Constitution does not formally grant
right to privacy, the Amendments about to combine to establish a
right to privacy in marital relations
LAWRENCE AND GARNER V. TEXAS
(2003)
•
14th Amendment, equal rights and Due Process
•
Lawrence and another man were caught in the act of homosexual
relations when police entered his residence responding to a weapons
disturbance. The two were arrested and convicted for violating Texas
laws against certain intimate acts.
•
6-3 for Lawrence and Garner, a state cannot be involved in personal
and private conduct inside the homes as free adults, therefore the two
men were not breaking any laws.
MILLER V. CALIFORNIA (1973)
• 1st Amendment, Free Speech, Press
• Miller had a mass mailing campaign to sell adult materials, people complained, he
was convicted on a California law prohibiting distribution of obscene material.
Should the sale of obscene materials be protected by the 1st Amendment.
• 5-4 for Miller, his materials were not seen as obscene by the court, however other
obscene material would not be protected. The court set up the following guidelines:
• 1. “whether 'the average person, applying contemporary community standards' would find
that the work, taken as a whole, appeals to the prurient interest. . .2. whether the work
depicts or describes, in a patently offensive way, sexual conduct specifically defined by
the applicable state law; and 3. whether the work, taken as a whole, lacks serious literary,
artistic, political, or scientific value.” = Miller Test
HAZELWOOD SCHOOL DISTRICT V.
KUHLMEIER (1988)
•
•
1st Free Press
•
5-3 in favor of Hazelwood, the 1st does not require schools to
promote Freedom of Press . Schools can refuse the right to sponsor
speech that is not agreed upon by civilized society.
School-sponsored student newspaper written by students had two
articles deemed inappropriate by the principal. The articles were not
allowed to be printed. The paper was paid for by the school district.
The articles were about teen pregnancy and divorce. The principal
did not want younger students reading about sex or did not want the
pregnant girls interviewed to be identifiable.
CALIFORNIA V. GREENWOOD (1988)
•
4th Amendment, search and seizure
•
Police suspected Greenwood of selling drugs, they did not have
enough evidence for a warrant to search his home, they searched his
garbage bags on the street. They found enough evidence and got a
warrant to search the house and found drugs.
•
6-2 against Greenwood, curbside trash is not protected, there is no
reasonable expectation of privacy for trash on public streets that
could have been gone through by anything.
GIDEON V. WAINWRIGHT (1963)
•
•
6th and 14th Amendment, due process, fair trial, right to counsel
•
9-0 in favor of Gideon, the court must provide an attorney for
all criminal trials. Without an attorney it is not a fair trial and
is an essential part of due process.
Gideon got arrested for breaking and entering, for his trial he
requested a court appointed attorney since he could not
afford a private one. The court argued that they do not have
to because it was not a death penalty case. He represented
himself and got sentenced for 5 years.
GOSS V. LOPEZ (1975)
• 14th Amendment, due process, fair trial
• 10 students (Lopez) were suspended without being told what
for by the principal (Goss). Nor were they able to have a
hearing. The question is whether a school has to offer a
preliminary hearing.
•
5-4 in favor of the students because Ohio made education a
fundamental right, therefore the school cannot take that right
away without due process, minimal proceedings.
CHICAGO V. MORALES (1999)
•
•
14th Amendment, due process
•
6-3 in favor of Morales, the Ordinance was too vague and gave the
officers too much choice on what they considered to be public, loitering,
and gang membership. The law does not provide the public with what is
prohibited or permitted action.
Chicago passes a “Gang Congregation Ordinance” that prohibits gangs
from loitering in public places. A police officer can force the group of
suspected gang members. If they do not disperse they can be arrested at
the officers discretion of if the perpetrator is a gang member and it is a
public place.
ENGEL V. VITALE (1962)
•
•
1st, Religion, Establishment
•
6-1 against the prayer. The State cannot not write a prayer to
be said in school, nor encourage prayer in school, by doing so
it approved religion.
The state of New York authorized a voluntary prayer at the
beginning of each school day. It was nondenominational but
talked about God.
KOREMATSU V. UNITED STATES (1944)
• Article I and II of the Constitution, 5th Amendment
•
WWII, Presidential Executive Order 9066 and Congressional statues
aloud the military to exclude citizens of Japanese ancestry and be taken
away from their homes (to relocation camps) to avoid espionage and
protect the country.
•
6-3 for the US. There was a need to protect the United States by any
needs necessary. Constitutionally it may not have been legal but it was
necessary. STRICT SCRUTINY TEST = if a law is absolutely necessary for
American safety it will be allowed even if it is not Constitutional, the
government has the burden to prove that the law is necessary…applies to
racial laws and laws that infringe on fundamental Constitutional Rights
•
Law must be: compelling governmental interest, narrowly tailored, least restrictive
means
TINKER V. DES MOINES (1968)
• 1st Amendment, Freedom of speech
• Students wore black armbands to protest the Vietnam
War. The principal suspended students who refused to
remove them, fearing a the cause of disturbances.
• 7-2 for Tinker, the armbands were considered symbolic
speech, therefore is protected by freedom of speech. The
principal could not prove the armbands would provoke
any interference from school.
TEXAS V. JOHNSON (1988)
• 1st Amendment, Freedom of Speech
• Gregory Lee Johnson burned an American flag in protest
against the Reagan Presidency. Texas had a state law against
flag desecration.
• 5-4 for Johnson. The Court ruled that flag burning is protected
by freedom of speech because it is symbolic speech. Society
can’t not protect expression just because they do not agree
with the message.
NEW JERSEY V. T.L.O. (1983)
• 4th Amendment, search and seizure
• TLO was accused of smoking in the girl’s bathroom at her high
school. The principal searched her purse, found marijuana,
cigarettes, and drug paraphernalia
• 6-3 for New Jersey, school searches are different than regular
citizens, no need for probable cause only “reasonableness.”
Schools need to maintain order and discipline.
FURMAN V. GEORGIA (1971)
• 8th Amendment, Cruel and Unusual Punishment
• Furman was burglarizing a house. He was found by the family,
when he was running away he dropped his gun and it went off
and killed the father. He was sentenced to death
• 5-4 Furman, the court ruled it was cruel and unusual punishment
mostly due to the bias against African American defendants.
MARSH V. CHAMBERS (1982)
• 1st Amendment, Establishment
• Ernie Chambers (Nebraska State Senator) sued for saying a
prayer at the beginning of each legislative session. The
chaplain who lead the prayer was paid using public funds
• 6-3 for Marsh, prayer would be allowed in State
Legislatures because it is a tradition all the way back from
the First Continental Congress.
WISCONSIN V. YODER (1971)
• 1st, Free Exercise of Religion
• Amish parents were prosecuted for not sending their children
to school (breaking a Wisconsin law that students have to
attend school until 16). The parents did not send their children
to school after 8th grade.
•
7-0 for Yoder, individuals interest in religion is more important
than high school education. School values went against Amish
values.