The interpretation of law changes with time just as society changes. Court decisions are also based on precedent (previous ruling)

  Hazelwood v. Kuhlmeir : (1988) Freedom of Speech: Did the principal’s deletion of articles from the school newspaper violate the student’s 1 st Amendment rights?  No, the court ruled school officials can exercise editorial control over student’s speech and press.  Tinker v. Des Moines School District (1969)  -1 st Amendment, Freedom of Speech (Expression)  - Question: Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the 1 st Amendment’s freedom of speech protections?  -The wearing of armbands was “closely akin to “pure speech” and protected by the 1 st Amendment. The Supreme Court stated: “ it can hardly be argued that either students or teachers shed their constitutional rights of freedom of speech or expression at the schoolhouse gate.” CASES THAT DEAL WITH THE FIRST AMENDMENT

  Wallace v. Jaffree (1985)  -1 st Amendment, Establishment Clause  -Question: Did Alabama law violate the 1 st Amendment’s Establishment Clause?  -Yes, The statute clearly lacked any secular purpose as it sought to establish religion in public schools, thereby violating the 1 st Amendment’s Establishment Clause.  West Virginia BOE v. Barnette (1943)  --1 st Amendment, Free Exercise Clause; WV Code 1734  --Question: Did the compulsory flag-salute for public schoolchildren violate the 1 st Amendment?  --Decision: The Supreme Court held that compelling public schoolchildren to salute the flag was unconstitutional. First Amendment Cont.

  Bethel School District v. Fraser (1986)  -- 1 st Amendment, freedom of speech  -- Question: Can schools limit the speech of students?  -- Decision: Court ruled that school could punish student for lewd speech at school sponsored events  ______________________________________________________________  Texas v. Johnson (1989)  --1 st Amendment, freedoms of speech (expression) and assembly (protest)  --Question: Is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the 1 st Amendment?  --Decision: In a 5-to-4 decision, the Supreme Court held that Johnson’s burning of a flag was protected expression under the 1 st Amendment. “The government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”

  New Jersey v. T. L. O. (1985)  --4 th Amendment, illegal search and seizure  --Question: Do students in school have the same rights under the 4 th Amendment as adults? Does “probably cause” have to be established for the search of a student in school, or is “reasonable cause” enough?  --Decision: The rights of children and adolescents are not the same as those of adults and that school officials have a responsibility to maintain the discipline necessary for education. The 4 th Amendment

  Mapp v. Ohio (1961)  --4 th Amendment; Equal Protection Clause (14 th )  --Question: May evidence obtained through a search in violation of the 4 th Amendment be admitted in a state criminal proceeding?  --Decision: The Supreme Court declared that “all evidence obtained by searches and seizures in violation of the Constitution is inadmissible in a state court.” Also, established the Exclusionary Rule: evidence gained as a result of an illegal act by police cannot be used at the trial of the person from whom it was seized.  This case is significant because it was upheld and based on two amendments. 4 th Amendment

  Miranda v. Arizona (1966)  --5 th Amendment, Self-Incrimination  --Question: Does the police practice of interrogating individuals without notifying them of their right to counsel and their protection against self- incrimination violate the 5 th Amendment?  --Decision: The Supreme Court specifically outlined the necessary aspects of police warnings to suspects, including warnings of the right to remain silent and the right to have counsel present during interrogations.  Korematsu v. United States (1944)  --5 th Amendment; Executive Order #9066  --Question: Did the President and Congress go beyond their War Powers by implementing exclusion and restricting the rights of Americans of Japanese descent?  --Decision: The Supreme Court sided with the government and held that the need to protect against espionage outweighed Korematsu’s rights. The 5 th Amendment

  Gideon v. Wainwright (1963)  --6 th Amendment, Right to Counsel; 14 th Amendment, Due Process of Law  --Question: Did the state court’s failure to appoint counsel for Gideon violate his right to a fair trial and due process of law as protected by the 6 th and 14 th Amendments?  --Decision: Yes. The Supreme Court held that Gideon had a right to be represented by a court-appointed attorney and, in doing so, overruled its 1942 decision of Betts v. Brady. The 6 th Amendment

  Furman v. Georgia (1972)  In 1972, William Henry Furman, a 26-year-old African American, had broken into a house in Savannah, Georgia. The homeowner discovered Furman presence, and realized Furman was carrying a gun on his person. After realizing he had been caught, Furman ran away, he tripped, “accidentally” firing the gun. The homeowner, William Joseph Micke, died on the spot. After a quick, one day long trial in Chatham County, Georgia, Furman was found guilty of murder and faced the death penalty.  The Supreme Court found the use of the death penalty in this case “unconstitutional”. Based on the facts in the case- the punishment of death was “cruel and unusual”. The Warren Burger stated that states must use caution and not sentence people to the death penalty based on race or discrimination. The 8 th Amendment

  Plessy v. Ferguson (1896)  14 th Amendment, Sec 1- Equal Protection Clause  Question: Is Louisiana’s law mandating racial segregation on its trains an unconstitutional infringement on…the equal protection clauses of the 14 th Amendment?  No- The justices based their decision on the separate-but-equal doctrine. Encouraged segregation. . Brown V. BOE of Topeka, Kansas (1954 )  -14 th Amendment, Equal Protection Clause  - Question: Does the segregation of children in public schools solely on the basis of race deprive the minority children of the equal protection of the laws guaranteed by the 14 th Amendment?  -Yes. Separate but equal is inherently unequal in the context of public education. Overturned Plessy v. Ferguson. The 14th Amendment

  Swann v. Charlotte-Mecklenburg BOE (1971)  - Question: Were federal courts constitutionally authorized to oversee and produce remedies for state- imposed segregation?  -Although the Supreme Court did not establish guidelines for busing of students to particular schools, CMS established “busing” of students across town to integrate schools.  It worked- CMS became a model for school districts all over the country to use to desegregate schools.  Busing officially ended in The 14 th Amendment

  DRED SCOTT V SANDFORD (1857)  Dred Scott was a slave living in a free state and when his owner died Scott sued for his freedom. The owner’s brother denied his request and Scott appealed to the Supreme Court.  The court found that slaves were not citizens and therefore could not gain citizenship. The court was split – Chief Justice Taney ( a supporter of slavery) voted to deny Scott his right to freedom- this angered Justice Curtis from Massachusetts who walked out.  After the decision-Scott was sold and the new owner granted him his freedom.  The decision was another catalyst for the Civil War and the anti- slavery movement.  After the Civil War- the 13 th and 14 th Amendments were added so freed slaves had a right to citizenship under the Constitution.  The 14 th Amendment overturned Dred Scott. 14 th Amendment

  Which case extended the 14 th Amendment’s guarantee of equal protection under the law?  Plessy v. Ferguson  Brown v. BOE Kansas  Tinker v. Des Moines  The separate but equal clause established by Plessy v. Ferguson caused:  More segregation in public facilities  End of segregation  Start of the Civil War Questions for review