Constitutional Rights: Protections and Limitations Essential Questions: Does the government adequately protect individual rights? Why or why not? Is the government ever justified in limiting civil liberties? Why or why not? How have amendments to the Constitution and Supreme Court decisions changed the relationship between the government, rights, and citizens?

Our Constitutional rights have been interpreted differently overtime Our Constitutional rights have been interpreted differently overtime. Remember, the Legislative branch created the Constitution and all of the Constitutional Amendments, but it is up to the Judicial branch to interpret what each of the amendments really mean. For example, do we always have the right to free speech? What if we are lying, or what if we are saying things that hurt others? Throughout the history of the United States, the federal courts have tried to answer questions like these. Their decisions in important cases have both protected and limited our Constitutional rights.

Protecting our Constitutional Rights Name of Case Description Right Protected? Amendment Texas v. Johnson During a protest, a man burned an American flag. He was arrested for doing so. He argued that he could burn the flag because by doing so, he was only voicing his opinion, while is legal under the 1st amendment. The US Supreme Court agreed. Freedom of speech 1st

Protecting our Constitutional Rights Name of Case Description Rights Protected? Amendment Tinker v. Des Moines Three students wore black armbands to school to protest the Vietnam war. They were suspended. The students won the case because they were using symbolic speech, which should not be limited if it does not cause a riot/distraction. Freedom of speech (symbolic) 1st

Protecting our Constitutional Rights Name of Case Description Rights Protected? Amendment Engel v. Vitale A group of Jewish students were forced to say a Christian prayer at the beginning of the school day. They sued the school system because the government can’t force people to pray. Freedom of Religion 1st

Protecting our Constitutional Rights Name of Case Description Rights Protected? Amendment Miranda v. Arizona A man was arrested and was not made aware that he was allowed to plead the fifth to avoid self-incrimination, nor was he told that he could have a lawyer. His confession could not be submitted as evidence in court because he had not been informed of his rights. Right to be informed of charges against you; right to attorney; freedom from self-incrimination 5th and 6th

Protecting our Constitutional Rights Name of Case Description Rights Protected? Amendment Gideon v. Wainwright A man was arrested, put on trial, and found guilty. He was never given the chance to have a court appointed lawyer so he had to defend himself. He appealed his case, and the Supreme Court said he should have been given a lawyer, so the conviction was overturned. Right to an attorney 6th

Protecting our Constitutional Rights Name of Case Description Rights Protected? Amendment Mapp v. Ohio Police forcibly entered a home where they suspected that a criminal was hiding. They tied up the homeowner while they completed a search of the home. The police found illegal materials in the home and arrested the homeowner. The Supreme Court reviewed the case and said that evidence obtained illegally (without a warrant) cannot be used in court as evidence. Freedom from Unreasonable Search and Seizure 4th

Protecting our Constitutional Rights Name of Case Description Rights Protected? Amendment? Furman v. Georgia The state of GA was using the death penalty disproportionately against African Americans, so the Supreme Court said that the practice was unconstitutional Freedom from cruel and unusual punishment 8th Gregg v. Georgia The Supreme Court said that GA CAN use the death penalty as long as they are fair.

Limiting our Constitutional Rights Name of Case Description Rights Limited? Amendment Hazelwood v. Kuhlmeier A school’s newspaper was being censored by their principal, so they sued him under their freedom of the press. The Supreme Court said that school newspapers can be censored, so they do NOT have freedom of the press. Freedom of Press 1st

Limiting our Constitutional Rights Name of Case Description Rights Limited? Amendment Bethel v. Fraser A student gave an inappropriate speech in front of his entire school and was suspended. He sued his school system because he said they violated his freedom of speech. The Supreme Court said that students do not have freedom of speech in schools, so his suspension was upheld. Free speech 1st

Limiting our Constitutional Rights Name of Case Description Rights Limited? Amendment New Jersey v. TLO Two students were caught smoking at school and searched. One student was found to not only have cigarettes, but also drugs and evidence that she was also selling those drugs at school. She was arrested and found guilty. She said she should not have been searched because the school principal’s did not have a warrant or probable cause (a good reason) to search her. The Supreme Court disagreed – they said that at school, you can be searched with only “reasonable suspicion”, instead of “probable cause” Protection from unreasonable search and seizure 4th