1. Landmark Supreme court cases

2. Instructions
For each of the following Supreme Court Cases you are going to:
Write down the many facts—PLEASE try and not write them word for word.
Write down what you think the courts will say
If you can—Guess at which Rights are involved
Discuss with a partner and write down what your partner thinks the court will say
Briefly write down what the courts said
FINALLY—Write down the writes involved

3. Marbury v. Madison 1803 DECISION
Established the concept of Judicial Review: the Supreme court has the final authority to find acts of government unconstitutional

4. Hazelwood v. Kuhlmeier What happened DECISION 1st Amendment (1988)
Students wrote an article the principal would not allow to be published in the school newspaper
DECISION
Schools can filter or limit information that is placed into a school newspaper.
This case allows school officials to have full control of school sponsored activities
Activities can continue “so long as their actions are reasonably related to legitimate pedagogical concerns
1st Amendment (1988)

5. New Jersey v. T.L.O. What happened DECISION 4th Amendment (1985)
2 students caught smoking in bathroom, sent to VP, asked to open purses, VP found rolling paper used for marijuana, asked students to dump out purses, found money, marijuana, and list of people owing her money
DECISION
Schools are only required to have “reasonable suspicion” to search students
4th Amendment (1985)

6. Bethel School District v. Fraser
What happened
Obscene Speech at assembly
DECISION
Schools may limit the profane, obscene lewd speech of a student
1st Amendment (1983)

7. Tinker v. Des Moines What happened DECISION 1st Amendment (1969)
Students wore black arm bands protesting Vietnam War, they were suspended
DECISION
A student does not shed his rights at the door. Black armbands to protest the Vietnam War can be worn since they are not disruptive.
1st Amendment (1969)

8. In re Gault v United States
What happened
Sent to juvenile detention for an alleged obscene phone call, no lawyer, no witnesses
DECISION
Juveniles are provide due process as well as adults
Prior to this ruling juvenile crimes were handled in family law not criminal law
14th Amendment – Due Process (1966)

9. McCulloch v. Maryland What happened DECISION Supremacy Clause (1819)
Maryland tried to put a tax on a branch of the Bank of the US
DECISION
A state cannot tax a federal institution
Supremacy Clause (1819)

10. Gibbons v. Ogden What happened DECISION Supremacy Clause (1824)
Ogden had NY state license to ferry people from NYC to NJ, Gibbons also ferried people but had no state license but did have a federal coasting license
DECISION
The Federal government has the power over the state to regulate interstate commerce. Federal ferry license prevails over a State Ferry License (no NY monopoly)
Supremacy Clause (1824)

11. Dred Scott v. Sandford What happened DECISION 5th Amendment (1857)
Sandford lived in MO (a slave state) took Dred Scott to IL (a free state) and Scott said he was now free
DECISION
States cannot deprive a person of his right to property
5th Amendment (1857)

12. Plessy v. Ferguson What happened DECISION 14th Amendment (1896)
Plessy (1/8 of African decent) sat in white only train car, would not move when asked
DECISION
Established the concept of “separate but equal” in public facilities
14th Amendment (1896)

13. Brown v. Board of Education
What happened
Mr. Brown wanted his daughter to attend the neighborhood school (she was black and the school was for whites)
DECISION
Schools were desegregated. Separate is unequal. Separate but equal has no place
Integrated schools
Overturned Plessy v. Ferguson
14th Amendment (1954)

14. Swann v. CMS Board of Education
What happened
Mr. Swann said CMS was not integrated even though Brown v. Board of Ed said that segregation is not okay
DECISION
Court ordered busing to integrate schools
This decision changed the landscape of CMS schools by forcing the busing of students outside their neighborhood school
This lead to forced desegregation of schools
14th Amendment (1971)

15. Korematsu v. United States
What happened
Mr. Korematsu said it is not Constitutional for people of Japanese decent to be forced to move to internment camps
DECISION
Justices ruled for US government saying that times of national hardship and extreme times can allow some individual rights to be taken away
Court upheld the military order presented by the circumstances of WW II – “Pressing public necessity may sometimes justify the existence of restrictions which curtail the civil rights of a single racial group”
5th Amendment – Due Process (1944)

16. Furman v. Georgia What happened DECISION 8th and 14th Amendment (1971)
Georgia death penalty law vague and so most death row inmates were Black men
DECISION
Capital Punishment and the enforcement of the death penalty cannot be racially biased
8th and 14th Amendment (1971)

17. Gregg v. Georgia What happened DECISION 8th and 14th Amendments (1976)
Sentenced to death for 2 counts murder
DECISION
Upheld sentences of death – death penalty itself does not violate the Constitution
8th and 14th Amendments (1976)

18. Gideon v. Wainwright What happened DECISION 6th Amendment (1963)
Gideon charged with crime, at that time in FL lawyers only given for death penalty and insanity cases, he had no money to pay a lawyer and was found guilty
DECISION
All accused persons are entitled to a lawyer, even if they cannot afford one.
Right to Counsel
Person must have counsel provided, regardless of the charges filed against them
Gideon Rule
6th Amendment (1963)

19. Miranda v. Arizona What happened DECISION 5th Amendment (1966)
Miranda arrested but not told his right to not confess to the crime, he signed a confession and was convicted
DECISION
A person must be read his or her rights before being arrested.
When Ernesto Miranda was arrested and questioned and signed a confession that listed that he had “full knowledge of his legal rights”, he was not made aware of his rights to counsel and the confession was illegally gained.
5th Amendment (1966)

20. Mapp v. Ohio What happened DECISION 4th and 14th Amendment (1962)
Police searched Mapp’s house with a fake warrant and found illegal material
DECISION
Illegally obtained evidence cannot be used in court.
Illegal Evidence and Due Process Clause
No illegal search and seizures applied to all states
Before this rule not every state incorporated excluding evidence gained through an illegal search
Exclusionary Rule
4th and 14th Amendment (1962)

21. Olmstead v. US What happened/Decision 4th Amendment (1928)
“Reasonable expectation of privacy” did not include wiretapping. 4th amendment does not protect individuals form wiretapping. And this evidence may be used in court.
4th Amendment (1928)

22. Engel v. Vitale What happened DECISION 1st Amendment (1962)
School board required students to say a prayer at beginning of each day
DECISION
A school cannot require students to pray. This court case upheld separation of church and state.
Establishment Clause
Eliminated prayers in school
Students cannot be forced to recite a prayer because it violates their 1st Amendment right to freedom of religion
1st Amendment (1962)

23. Texas v. Johnson What happened DECISION 1st Amendment (1989)
Texas had a law against desecrating the Flag, Mr. Johnson burned a Flag in protest
DECISION
The Government cannot limit a citizen’s right to burn the US Flag
This case protected the rights of individuals to freedom of expression, even if in this case that expression is the burning of the American flag
1st Amendment (1989)

24. Roe v. Wade What happened/Decision 4th Amendment (1973)
A state cannot take away a woman’s right to an abortion
4th Amendment (1973)

25. Schenck v. US What happened DECISION 1st Amendment (1919)
Anti-Vietnam leader who urged men to resist the draft
DECISION
Free speech is limited during times of war and 1st Amendment rights are not absolute
1st Amendment (1919)

26. Regents of the University of California
What happened
A white student was not accepted in to the school and several minority students with lower scores were
DECISION
Schools cant use admissions quotas and admit students solely based on race
14th Amendment (1978)

27. Heart of Atlanta Motel v. US
What happened/Decision
Congress could outlaw racial segregation of private facilities that are engaged in interstate commerce
Supremacy Clause (1964)