1. Court Cases that Protect the Individual Citizen

2. Furman v. Georgia, 1972
Furman was a burglar who was trying to escape the house when the owner came home.
He slipped, feel, and the gun went off killing one of the homeowners.
He was sentenced to death based on his own testimony.
The Supreme Court ruled that the Death Penalty was cruel and unusual punishment (8th Amendment).

3. Gregg v. Georgia, 1976
This case reversed Furman v. Georgia saying the death penalty is protected by the Constitution.
The death penalty was reinstated because the Justices felt that it was not cruel and unusual punishment (8th Amendment).

4. Death Penalty by State since 1976

6. Gideon V. Wainwright, 1963
Using the 6th and 14th Amendments, Clarence Earl Gideon was put on trial and convicted for petty larceny (theft).
He petitioned the Supreme Court, they heard his case, and they overturned the Betts v. Brady case which said you were not entitled to a lawyer if you could not afford one.
Now everyone can have a court appointed attorney (counsel) even if you cannot afford one.

7. Clarence Earl Gideon

9. Regents of the University of California vs. Bakke, 1978
Affirmative Action is a government policy requiring the hiring of a certain percentage of women and minorities.
Allan Bakke applied to medical school in California and was not accepted.
Some minority and female applicants were accepted with lower standards.
Bakke sued and was accepted in medical school.
The Supreme Court did, however, uphold the Constitutionality of Affirmative Action.

10. Bakke sued claiming Reverse Discrimination!

11. New Jersey vs. T.L.O., 1985
2 Girls were caught smoking in the bathroom at school.
The teacher asked them for the cigarettes and the students said no.
Administrators searched the students and found marijuana, papers, money, and a sheet of paper with students’ names on it.
The Supreme Court ruled that school principles can search any student they deem suspicious without a search warrant.
The evidence can be used against the students.

14. Bethel School District vs. Fraser, 1986
Matthew N. Fraser delivered a speech at school nominating a fellow student for student elective office.
During the entire speech, Fraser referred to his candidate in terms of an elaborate, graphic, and explicit sexual metaphor.
He was suspended.
The Supreme Court claimed that a student’s 1st Amendment freedom of speech can be limited at school.

16. Tinker v. Des Moines, 1969
3 students were suspended for peacefully protesting the Vietnam War by wearing black armbands to school.
They sued and the Supreme Court ruled that students can peacefully protest on campus as long as it does not disrupt education.

19. Hazelwood v. Kuhlmeier, 1988
The principle of the school censored a student newspaper article.
The student sued claiming the 1st Amendment right.
The student lost because the student had written a story invading the privacy of another student (pregnancy).

20. Texas v. Johnson, 1989
Outside of the 1984 Republican nation convention in Texas, Gregory Johnson burned an American flag in protest.
He was arrested because it was against the law to desecrate the Flag.
The Supreme Court ruled that burning the flag is protected by the 1st Amendment freedom of speech.

21. Gregory Lee "Joey Three Guns" Johnson, a member of the Revolutionary Communist Youth Brigade (youth wing of the Revolutionary Communist Party, USA)

23. Engel v. Vitale, 1962
This Supreme Court case removed public prayer in school.
The Court ruled that it went against the Establishment Clause of the 1st Amendment.
Private prayer is still protected by the 1st Amendment.

25. Miranda v. Arizona, 1966 Ernesto Miranda was arrested for rape.
He was taken in custody by the police and he confessed to the crime.
He was sentenced to 14 years, but was released after only 4 because he claimed he never knew his rights.
He did not know he had the right to remain silent and that anything he said would be used against him in court.
That is why they call it the “Miranda Rights!”

26. Ernesto Miranda

28. Mapp v. Ohio, 1961
Police were looking for a bomb suspect and had a search warrant to go in Dollree Mapp’s house.
They did not find the suspect, but did find illegal pornographic material.
She was arrested, but the Supreme Court ruled that evidence obtained must be obtained with a search warrant.
The Search warrant must also specify what the police are looking for.

31. Roe v. Wade, 1973
The Supreme Court ruled that a woman was entitled to a legal abortion up to the 1st 3 months.
The 9th Amendment protects any right not provided by the US Constitution.
Because of the right to privacy, abortion is legal.