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

THE SUPREME COURT PROTECTS FREEDOM OF EXPRESSION & RELIGION Texas v. Johnson Engel v. Vitale

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 1 st amendment  Significance: › Upheld the 1 st amendment’s prohibition against the government establishing a religion

LEGAL RIGHTS Mapp v. Ohio Gideon v. Wainwright Miranda v. Arizona

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 4 th 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 6 th amendment

Miranda v. Arizona  Year: › 1966  Issue: › Self-incrimination  Decision: › Upheld 5 th amendment’s protection against self- incrimination › Ruled that the arresting law enforcement officials have to inform suspects of their legal rights  Significance: › Upheld rights protected under the 5 th amendment › Started “you have the right to remain silent….”

CAPITAL PUNISHMENT Furman v. Georgia Gregg v. Georgia

Furman v. Georgia  Year: › 1972  Issue: › Capital punishment  Decision: › Ruled that it was “cruel and unusual punishment”  Significance: › Upheld rights in the 8 th 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

STUDENT RIGHTS Tinker v. Des Moines School District New Jersey v. T.L.O. Bethel School District No. 403 v. Frasier Hazelwood v. Kuhlmeier

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 4 th 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 10 th 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

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