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

2. The Living Constitution

3. 9 Justices- What are their decisions (opinions)?

4. CASES THAT DEAL WITH THE FIRST AMENDMENT
1. Hazelwood v. Kuhlmeir: (1988) Freedom of Speech: Did the principal’s deletion of articles from the school newspaper violate the student’s 1st Amendment rights?
No, the court ruled school officials can exercise editorial control over student’s speech and press.
2. Tinker v. Des Moines School District (1969)
-1st 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 1st Amendment’s freedom of speech protections?
-The wearing of armbands was “closely akin to “pure speech” and protected by the 1st 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.” Wearing of armbands is a fundamental right of expression.

5. First Amendment Cont. 3.West Virginia BOE v. Barnette (1943)
--1st Amendment, Free Exercise Clause; WV Code 1734
--Question: Did the compulsory flag-salute for public schoolchildren violate the 1st Amendment?
--Decision: The Supreme Court held that compelling public schoolchildren to salute the flag was unconstitutional.

6. 4. Bethel School District v. Fraser (1986)
--1st 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
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5. Texas v. Johnson (1989)
--1st 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 1st Amendment?
--Decision: In a 5-to-4 decision, the Supreme Court held that Johnson’s burning of a flag was protected expression under the 1st Amendment. “The government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”

7. Engle v. Vitale
1st Amendment: Issue Prayer in School: In 1951 NY State School Board approved a nondenominational prayer for recitation every morning. Parents of 10 students sued saying it violated their 1st Amendment right. The State appeals court upheld the use of the prayer so long as it did not compel students to say or join in.
Court opinion: 6-1 State mandated prayer in public school is a violation of the 1st Amendment right. Court found NY’s school prayer to be unconstitutional.

8. The 4th Amendment 6. New Jersey v. T. L. O. (1985)
--4th Amendment, illegal search and seizure
--Question: Do students in school have the same rights under the 4th 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.

9. 4th Amendment 7. Mapp v. Ohio (1961)
--4th Amendment; Equal Protection Clause (14th)
--Question: May evidence obtained through a search in violation of the 4th 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.

10. The 5th Amendment Korematsu v. United States (1944)
8. Miranda v. Arizona (1966)
--5th 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 5th 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)
--5th 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.

11. The 6th Amendment 9. Gideon v. Wainwright (1963)
--6th Amendment, Right to Counsel; 14th 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 6th and 14th 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.

12. The 8th 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.

13. The 14th Amendment 10. Plessy v. Ferguson (1896)
14th 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 14th Amendment?
No- The justices based their decision on the separate-but-equal doctrine. Encouraged segregation.
11. Brown V. BOE of Topeka, Kansas (1954)
-14th 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 14th Amendment?
-Yes. Separate but equal is inherently unequal in the context of public education. Overturned Plessy v. Ferguson.

14. The 14th Amendment 12. 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 1999.

15. Questions for review
Which case extended the 14th 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