Responses to Court Cases
New Jersey v. T.L.O. (1985)
 According to the Fourth Amendment, “probable cause” of a crime is required when police conduct a search. The
Supreme Court has said that school officials, on the other hand, must have “reasonable suspicion” that laws or school
policies are being broken by students. How do these standards differ? Why is “reasonable suspicion” the standard
school officials follow?
 What has been the impact of this case on society?
Tinker v. Des Moines Independent School District (1969)
 The First Amendment says “Congress shall make no law…abridging the freedom of speech.” Do you think that armbands
worn in protest are the same as “speech”? Why or why not?
 In his dissent, Justice Black wrote, “the [First Amendment] rights of free speech and assembly do not mean that
‘everyone with opinions or beliefs to express may address a group at any public place and at any time.’” What did he
mean? Do you agree?
Ingraham v. Wright (1977)
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Do you think the Florida legislature acted properly when they allowed corporal punishment? Why? Why not?
Should schools have the same rights as parents in disciplining children? Why? Why not?
Santa Fe Independent School District v. Jane Doe (2000)
 Does the Santa Fe School District having a student lead prayer violate the establishment clause of the First amendment?
 Do you agree with having a “moment of silence” where everyone could choose to pray or not pray on their own?
 What has been the impact of this case on society?
Kent v. United States (1966)
 Early treatment of juvenile offenders who were deemed capable of understanding their crime
emphasized punishment. The juvenile court system, in contrast, was founded on the belief that society
should try to rehabilitate, not punish, juvenile offenders. In the due process cases of the 1960s and ’70s,
the Supreme Court often questioned whether the juvenile courts had been successful in their efforts to
address the problems of young offenders. Should rehabilitation of juvenile offenders still be considered
an important goal of the juvenile justice system? Why or why not?
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Is there a significant distinction between confinement of a juvenile in an institution meant to help rehabilitate juvenile
offenders and confinement of convicted criminal for punishment in a prison? In other words, should we be less worried
about depriving juveniles of their liberty if the focus of their confinement is rehabilitation, not punishment?
Hazelwood School District v. Kuhlmeier (1988)
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Should a principal be able to censor student newspapers? If so, under what conditions?
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Should a principal or other school authority be able to silence other forms of student speech? If so, under what
conditions? How does speech by an individual student differ from speech by the school newspaper?
Vernonia School District v. Acton (1995)
 Should student-athletes be required to participate in drug testing? Is it a violation of your Fourth amendment right?
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Should all students be required to participate in drug testing?
West Side Community Schools v. Mergens (1990)
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Is it considered “sponsorship” for a school to allow students to announce meetings through the school media?
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Prayer is likely to occur at a religious club meeting. Is prayer on school grounds allowed within the perimeters of the
Equal Access Act? May the form or content of the prayer be influenced?
Grutter v. Bollinger (2003)
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Is affirmative action a form of reverse discrimination?
If an institution wants to increase intellectual diversity, is it reasonable to use race and gender as markers for how
people think, or does that just perpetuate racial and gender stereotypes?
Estelle v. Gamble(1976)
 Should those who are imprisoned be allowed the same rights as those you are not imprisoned?
 Should the prison have provided medical care for the inmate who injured his back during routine labor required?
Katz v. United States
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Does the Fourth amendment protect cell phone calls made in public from government surveillance?
Is there a “reasonable expectation of privacy” when cell phone calls are made in public?
Does the warrantless wiretapping of a public phone booth violate the unreasonable search and seizure clause of the
Fourth Amendment to the U.S. Constitution?
Griswold v. Connecticut (1965)
 The majority opinion asserted, “The association of people is not mentioned in the Constitution nor in the Bill of Rights.
The right to educate a child in a school of the parents’ choice – whether public or private or parochial – is also not
mentioned. Nor is the right to study any particular subject or any foreign language. Yet the First Amendment has been
construed to include certain of those rights.” Is it possible for the Constitution to protect rights not specifically
mentioned?
 The concurring opinion gave more weight to the Ninth Amendment in protecting the right to privacy in marriage. “To
hold that a right so basic and fundamental and so deep-rooted in our society as the right of privacy in marriage may be
infringed because that right is not guaranteed in so many words by the first eight amendments to the Constitution is to
ignore the Ninth Amendment and to give it no effect whatsoever.” Do you believe the Ninth Amendment alone would
have been grounds to overturn the Connecticut law banning birth control? Why or why not?
Gideon v. Wainwright (1963)
 How did the Supreme Court rule? Do you agree with the ruling? Why or why not?
 What, if anything, does the Court’s ruling in Gideon reveal about the American commitment to justice and the rule of
law?
In Re Gault (1967)
 How are the cases of Gault and Gideon similar?
 How do they differ?
New York Times Co. v. United States (1971)
1. In his dissent, Justice Harlan objected that the Court did not have adequate time to examine the thousands of pages of
classified material to determine if national security was truly at stake and that the Court had been “almost irresponsibly
feverish in dealing with these cases.” Do you agree? Why or why not?
2. Explain whether you believe prior restraint would be constitutional in the following cases:
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A television network plans to broadcast soldiers’ flag-draped coffins being returned to the U.S.
A magazine will feature an interview with and photographs of a seriously wounded soldier.
A newspaper article will detail a major city’s response plan in case of a terrorist attack.
A news report will contain a map of Iraq, illustrating American troop positions.
Brown v. Board of Education (1955)
 What might this suggest about the importance of looking at the historical context of Supreme Court rulings?
 What has been the impact of this court case on society?
United States v. Nixon (1973)
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In what type of circumstance would the nation's interests allow the president to keep his communication with aides
confidential?
Executive privilege and rule of law are both important concepts for American democracy. How should the courts
determine which is more important when the exercise of executive privilege interferes with the rule of law?
Essential Questions
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Does our justice system society serve offenders, victims, or society? Provide one piece of evidence to support your
argument.
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Does our correctional system serve offenders, victims, or society? Provide one piece of evidence to support your
argument.