Court Cases dealing with Individual Rights (Bill of Rights) J. Worley Civics

Furman v. Georgia (1972)  Supreme Court ruled the death penalty was unconstitutional under the 8 th Amendment –Ruled it to be cruel and unusual punishment  Courts were inconsistent in what they ruled –Some would give death while others would give life imprisonment  Capital Punishment

Gregg v. Georgia (1976)  Supreme Court upheld the death penalty as long as proper and consistent guidelines were provided to juries in deciding whether or not to sentence someone to death  Restored and expanded the death penalty  Capital Punishment

Gideon v. Wainwright (1963)  Supreme Court ruled that states are required under the 6 th & 14 th Amendments to provide an attorneys for criminal defendants who cannot afford them.  Legal Rights

Regents of the University of California v. Bakke (1978)  A white student was denied enrollment into the medical school because the university had reserved 16 spots for minorities  Supreme Court ruled that such quotas violated the 14 th Amendment BUT they did affirm that race could be used by the school as a consideration in admission  Affirmative Action is challenged and parts are upheld

New Jersey v. T.L.O. (1985)  A student’s purse was searched & revealed the student used and sold marijuana  Supreme Court ruled that in order for school officials to conduct a search, they must have “reasonable suspicion” that a student is guilty of wrongdoing –Student was still found guilty since she was caught smoking  The 4 th Amendment rights apply to students  Students Rights

Bethel School District v. Frasier (1986)  Supreme Court ruled that schools can prohibit speech that violates the values of public education –In this case, the use of profanity at a school assembly  Student’s Rights

Tinker v. Des Moines (1969)  Two students wore armbands to school protesting the war  Supreme Court ruled that student behavior not disruptive to the learning environment is protected under the 1 st Amendment freedom of speech –In this case, wearing armbands  Student’s Rights

Hazelwood v. Kuhlmeier (1988)  The school newspaper printed articles dealing with pregnancy & divorce which the principal found inappropriate & censored it –Took away student’s rights of 1 st Amendment freedom of speech  Supreme Court ruled that a school/principal can censor any material that is not consistent with the school’s mission  The ruling made it clear that constitutional rights do extend to schools  Student’s Rights

Texas v. Johnson (1989)  Man was arrested for burning a US flag in protest  Supreme Court ruled that state laws forbidding the burning of a US flag are unconstitutional because they violate the 1 st Amendment right of freedom of speech  Freedom of Expression & Religion

Engel v. Vitale (1962)  Supreme Court banned prayer in the nation’s public schools –Decision was made based on the 1 st Amendment prohibition of the government establishing a religion  Freedom of Expression & Religion

Miranda v. Arizona (1966)  Ernesto Miranda was arrested for kidnapping and rape  He was interrogated by police without a lawyer present –He confessed to the crimes during the interrogation  Supreme Court ruled that Miranda’s 5 th and 6 th Amendment rights had been violated  Established the Miranda Rights/Warnings  Legal Rights

Mapp v. Ohio (1961)  Supreme Court ruled that evidence seized from a person’s residence without a search warrant constitutes an “illegal search” and cannot be used at trial (4 th Amendment)  Legal Rights

In Re Gault  Gerald Gault (15) was taken into custody for allegedly making an obscene phone call –Police did not call his parents to inform them  Juvenile court judge committed him to the State Industrial School until he is 21  Supreme Court ruled that the Juvenile Court proceedings did not comply with the 14 th Amendment of the Constitution –Requirements include adequate notice of charges, notification of both parents and the child of the juvenile’s right to counsel, opportunity for confrontation & cross- examination at the hearings, and adequate safeguard against self-incrimination  Court found that these proceedings were not used

Essential Questions 1.How has the US Supreme Court protected the rights of citizens under the age of 18? 2.In what ways has the US Supreme Court protected unpopular speech? 3.Should criminals have the same rights as law-abiding citizens?