1. The Constitution and Civil Liberties
Landmark Supreme Court Cases

2. Discussion Questions
How does the U.S. strike a balance between freedom and authority?
How have Americans/Students fought for rights from the government throughout history?

3. Marbury v Madison (1803)
William Marbury had been commissioned justice of the peace in the District of Columbia by President John Adams in the “midnight appointments” at the very end of his administration
When the new administration did not deliver the commission, Marbury sued James Madison, Jefferson's Secretary of State

4. Court Decision Established the right of Supreme Court Judicial Review
The court declared the Congressional law supporting Marbury unconstitutional

5. Plessy v Ferguson (1896)
Louisiana law separated seating for white and black passengers on public railroads
Henry Plessy argued for equal protection while the Defense claimed a fair exercise of police power

7. Court Decision
The 14th Amendment is not for social equality but political equality – if equal circumstances are present separation of races is legal

8. Korematsu v United States (1941)
During WWII Japanese Americans on the West Coast were interned for safety after the attack on Pearl Harbor
Korematsu sued that the gov’t had no right to intern Japanese Americans on the basis that they could give secrets to Japan

12. Court Decision
Court ruled that Japanese Americans could be interned in camps during World War II on the basis of National Security
However…In the 1970’s the US gov’t apologized and awarded the families a small $ payment ($20,000)

13. Brown v Board of Education (1954)
10 yr old Linda Brown of Topeka, KS was not permitted in a public school because she was African American
The Defense argued that they were supported by the “separate but equal” decision in Plessy v Ferguson

14. Court Decision
Segregation denies the Equal Protection Clause of the 14th Amendment and in the field of public education “separate but equal” has no place
Reversed the decision in Plessy v Ferguson

15. Mapp v Ohio (1962)
Dollree Mapp’s home was raided without a warrant and obscene materials were discovered
Mapp appealed the case claiming the evidence was found because of an illegal search

16. Court Decision
Citizen’s are protected from any evidence found during unreasonable searches under the 4th Amendment

17. Gideon v Wainwright (1963)
A Florida court had convicted Clarence Gideon, a drifter and small-time gambler, of breaking into a poolroom and removing the change from a vending machine.
Gideon could not afford an attorney and the court would not appoint one.

18. Court Decision
Court ruled that everyone has the right to a paid defense lawyer
If you can’t afford one, one will be appointed to you (public defenders)

19. Miranda v Arizona (1966)
Ernesto Miranda was arrested for kidnapping/ sexual assault and signed a confession
The statement was later appealed as Miranda argued he was given no warnings or legal counsel

20. Court Decision
The 5th, 6th, and 14th amendments protect the rights of the accused
A warning statement including suggestion of legal counsel is now required during arrests

21. …the rest of the story He was re-tried…the old case was thrown out
Prosecutors used his wife’s testimony
He was found guilty and sentenced to years.
Paroled after 5 years
Made a living signing “miranda cards”
Stabbed to death during an argument 1976
Suspect exercised his 5th Amendment right to silence and there were no other witnesses.

22. Roe v Wade (1973)
A Texas women challenged laws forbidding abortion claiming it violated her right to privacy

23. Court Decision
Women should have the fundamental right to privacy under the 9th Amendment
New laws have been passed in some states (PP of Southeastern Pa v Casey, 1992) to make abortions illegal after the first trimester

24. …the rest of the story
Norma Leah McCorvey (Jane Roe) now is pro-life and fights for the right to life.

25. New Jersey v T.L.O (1985)
A New Jersey student (T.L.O) denied smoking in a school lavatory and a Vice Principal searched her purse
During the search cigarettes and marijuana were found
T.L.O was placed in a probation program and appealed

26. Court Decision
The 4th Amendment should be flexible for schools as they need to maintain a safe environment for learning
Schools and other institutions can act on “reasonable suspicion”

27. Engel v Vitale (1962)
Group of students and families complained about the prayer read at the beginning of each school day
"Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen.“
They said that it violated the “establishment clause”

28. Court Decision
The program, created by government officials to promote a religious belief, was therefore constitutionally impermissible.

29. Tinker v Des Moines (1969)
Students wore black armbands to school to protest the Vietnam War
Mary Beth Tinker and a friend wore the armbands anyway
The school suspended the two
Lower court and Appeals court agreed with the school

30. Court Decision
"It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.“
The Supreme Court sided with the students
The Court found that the actions of the Tinkers in wearing armbands did not cause disruption and held that their activity represented constitutionally protected symbolic speech.

31. Hazelwood v Kuhlmeier Students wrote a newspaper called “The Spectrum”
The principal found two articles that he didn’t want published in this student newspaper
Divorce and Teen Pregnancy
Students claimed that their 1st Amendment Rights were violated
Lower court sided with school
Appeals court sided with students

32. Court Decision
The court agreed that the school had the right to censor the school newspaper…as long as their reasoning was consistent with supporting reasonable pedagogical concerns

33. Bethel v Fraser
Matthew Fraser was suspended for giving a speech that included sexual innuendo and double entendres
He was nominating a classmate to run for student council vice president
He said that his right to free speech was violated

34. "I know a man who is firm - he's firm in his pants, he's firm in his shirt, his character is firm - but most [of] all, his belief in you the students of Bethel, is firm. Jeff Kuhlman is a man who takes his point and pounds it in. If necessary, he'll take an issue and nail it to the wall. He doesn't attack things in spurts - he drives hard, pushing and pushing until finally - he succeeds. Jeff is a man who will go to the very end - even the climax, for each and every one of you. So please vote for Jeff Kuhlman, as he'll never come [long pause] between us and the best our school can be. He is firm enough to give it everything."

35. Court Decision The U.S. District Court found in Fraser’s favor
The U.S. Court of Appeals found in Fraser’s favor
The U.S. Supreme Court sided with the school and upheld the right of the school to discipline Fraser
The speech was disruptive to the educational process, as well as sexually vulgar and inappropriate for the setting

36. Santa Fe v Doe (2000)
Before football games, students led a prayer over the P.A. system
Two students and their mother filed a law suit against the school
They said it violated the Establishment Clause in the Constitution

37. Court Decision The Doe’s win
The “school approved prayer” was unconstitutional
"on school property, at school-sponsored events, over the school's public address system, by a speaker representing the student body, under the supervision of school faculty, and pursuant to a school policy that explicitly and implicitly encourages public prayer“
Would be viewed as the school endorsing religious actions and violates the Establishment Clause