Supreme Court Cases
What you need to know to present
your case:
• The background of the case
– What happened?
– What were both sides of the argument?
• Constitutional issues
– What amendments and rights were involved?
• Court’s Opinion
– What did the Supreme Court decide and why?
• Lasting impact
– How did it affect law and all people after that case
th
14
amendment—applies
to every case
• Due process
o Government can’t deprive you of life, liberty, or
property without following the law
• Equal protection
o Everyone deserves equal protection under the law
• Was originally passed to protect freed
slaves.
• It now is interpreted to protect ALL U.S.
citizens
Gideon v. Wainwright
• There was a state law that said a criminal could
only have an attorney if they could possibly get the
death penalty. Gideon’s crime was not serious, so
he was not provided a lawyer.
• 6th amendment—right to counsel
o Does everyone have the right to counsel?
• Court said yes—state law was unconstitutional
• Now everyone who is accused of a crime gets a
lawyer
Lemon v. Kurtzman
• Non-public elementary and secondary act (state
law) made it so that religious private schools could
use tax payer $ for non-religious purposes (science,
math etc.)
• Lemon (parent of public school student) said this
violated the establishment clause of the 1st
amendment
• Court said that it did because state auditors coming
in created too much of an “entanglement”
between church and state
• Lemon test was established to determine if a law
violates the 1st amendment
Mapp v. Ohio
• Rumors that a woman had illegal evidence in her
home led police to barge in her house without a
search warrant (they waved a fake one in her
face). Although they did not find what they were
looking for, they found other illegal evidence
• Did they violate her 4th amendment right against
unreasonable search and seizure?
• Court said yes
• You must have a search warrant in order to obtain
evidence legally—otherwise it cannot be used in
court against you
Miranda v. Arizona
• A man committed a serious crime and was
arrested. He did not know his rights and he was not
told what his rights were. Although he signed a
piece of paper saying he did. (could not read and
write very well).
• Do police have the responsibility to tell everyone
what their rights are (bill of rights) or should you just
know them as a U.S. citizen
• Court said everyone has to be told their rights
• Miranda rights are now read to anyone who is
arrested
New Jersey v. T.L.O.
• A girl got caught smoking in the bathroom and the
school officials searched her (they found other
illegal stuff on her). School officials said they had
probably cause to search her.
• She argued that they violated her 4th amendment
right against unreasonable search and seizure
• Court said that in a school setting probably cause is
more loosely used because administrators need to
look out for the well-being and safety of ALL
students in the building (In loco parentis)
• You can be searched in school
Roe v. Wade
• A woman wanted to get an abortion that was not
medically necessary. A state law said that a woman
could not get an abortion unless it was medically
necessary.
• She argued that this violated her right to privacy
implied by the 4th and 9th amendment. The other
side argued that the unborn child deserved due
process and equal protection by the 14th
amendment
• Court said the law did violate her right to privacy
• Now a woman can get an abortion for any reason
in the first 2 trimesters of her pregnancy
Texas v. Johnson
• A man burned an American flag in protest at a
political rally. There was a state law saying you
could not burn an American flag.
• He said this violated his right to expression that was
implied by the 1st and 9th amendment
• Court agreed (close decision 5-4)
• You have freedom of expression (but could easily
change)
Schenck v. United States
• Charles Scheck was a member of the Socialist Party. He
opposed WWI and would put out lots of information o try
to urge others to oppose the war and draft. He violated
the Espionage Act, was arrested, and charged with
“attempting to cause insubordination in the military and
naval forces of the United States”
• HE said his 1st amendment rights were violated
• The court said nope—unanimous decision—in certain
situations, limited speech was acceptable such as in
times of war
• Lasting impact is that a precedent was set that no
person may use free speech to place others in danger
Tinker v. Des Moines
• Students wanted to protest the Vietnam War by
wearing black armbands. The school board made
a policy ahead of time that they could not do this.
They did and got suspended.
• They argued that this violated their right to
expression implied y the 1st and 9th amendments
• Court agreed that unless something was causing a
disruption or unsafe activities in school, they could
not prohibit freedom of expression
• You have the right to express yourself as long as you
are not causing a disruption or hurting anyone else's
education and safety