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Case and YearBackgroundConstitutional IssueSupreme Court decision. New Jersey versus TLO1985TLO was a high school student who had drugs. TLO moved evidence and it was denied. 4th amendment should be applied?Does the 4th amendment apply to seizures controlled by school officials? No, the decision made by Paul Stevens said that NJ didn’t include the 4th amendment. SC shouldn’t provide this guidance. Roe versus Wade1973Roe was a pregnant Texan who said abortion law prohibited her. Does the constitution embrace the woman’s right to terminate her pregnancy by abortion? 7-2 decision in favor of Roe. Court says women’s right to abortion fell to the privacy protection of the 14th amendment. Laws of 46 states were affected. Korematsu versus United States1944FDR basically argued that most of the Japanese-Americans need to vacate their homes 12 months after Pearl Harbor. Korematsu failed to relocate. Did the President and Congress go beyond their “War Powers,” by implementing exclusion and restricting the rights of Japanese-Americans?6-3 decision in favor of US Court sided with government and held the need to protect against espionage out-weighed Korematsu’s rights. Hazelwood versus Kuhlmeier1988H.E. HS edited school’s newspaper. Principal Reynolds didn’t approve of 2 of its articles. Kuhlmeier and other students took this to court.Did the principal’s deletion of the articles violate the students’ rights under the 1st amendment?5-3 decision in favor of Hazelwood. The court held that the 1st amendment did not require schools to promote any particular types of student speech. Case and YearBackgroundConstitutional IssueSupreme Court decision. United States versus Virginia1996VMI only public male undergrad institute. U.S. brought suit to Virginia and VMI. VMI wanted to compromise w/ Virginia’s Women’s Institute of Leadership. VMIL. Does Virginia’s creation of a women’s only academy as a comparable program to a male only academy satisfy the 14th amendment’s equal protection clause?No. 7-1 majority in favor of the United States. The court said that VMIL would not get the same opportunities or benefits as men.Roe V Wade1973Roe, a Texas resident, wants an abortion but Texas’ law says can only have one to save her life. The case was argued twice. The second one Sarah Weddington sharpened her constitutional argument. Does the Constitution embrace a woman’s right to terminate her pregnancy by abortion?Yes. With a 7-2 majority for Roe, the Court held that a woman’s right to abortion fell within the right to privacy preceded by the 14th amendment. New Jersey v TLU1985High school student was searched for cigarettes. They found marijuana. Found guilty and sentenced to 1-year probation. Search and seizure 4th amendment. Whether or not this amendment applied to students inside of the school. Ruled that the search and seizure was unconstitutional and therefore the evidence did not hold up. Korematsu v U.S.1944Japanese citizens were not allowed in areas deemed critical to national defense. Korematsu remained in San Francisco California. Appealed his right to life, liberty, and the pursuit of happiness. Ruled in favor of the gov. The gov. was correct to remove him and “In times of emergency and peril his rights could be overruled.” Case and YearBackgroundConstitutional IssueSupreme Court decision. Plessy v Ferguson1896Homer Plessy, 7/8th white, took a seat on a railcar and refused to move, violating Louisiana state law. Does Louisiana’s law violate the 14th amendment?7-1 for Ferguson. Separate but Equal. Segregation unlawful discrimination. Brown v Board 1954Students were separated in classrooms based upon race. Segregating children = violating the 14th amendment? How should SCOTUS act on the verdict?Yes it violated all school authority and they must abide by new principles. Miranda versus Arizona1966Numerous cases of people being interrogated w/o being told their rights. 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? Prosecutors couldn’t use statements unless they told people being interrogated their rights.Origin of Miranda Rights. Regents v. Bakke1978Bakke applied for medical school with outstanding scores but was turned away because the college reserved spots for “eligible minorities.”Did the University of California violate the 14th amendment’s equal protection clause, and the Civil Rights Act of 1964 by practicing an affirmative action policy that resulted in the rejection of Bakke’s application for admission to it’s medical school?Bakke was granted admission. Any race quota system supported by the gov’t violated the Civil Rights Act of 1964. Racial standards were not changed at the school. Case and YearBackgroundConstitutional IssueSupreme Court decision. Gideon v Wainwright 1963Gideon was charged with a felony in Florida; requested a lawyer but was denied; filed habeas corpus petition but Florida denied it. Does the 6th amendment apply to felony defendants in state courts?Yes it did apply. Felony defendants in state courts have a right to a lawyer. Majority vote: 9-0Brandenburg v Ohio1969Brandenburg, a KKK leader, made a speech and was arrested because it is illegal to advocate crime and violence. Was Brandenburg protected by the 1st and 14th amendments when he made his speech?Ohio’s law violated Brandenburg’s right to free speech. Majority vote: 9-0Texas versus Johnson1989Johnson burned an American flag and was convicted under Texas law. The conviction got reversed in appeal and went to the SCOTUS. Is destroying the American Flag a form of speech that is protected by the 1st amendment?His actions were protected by the 1st amendment and his actions fell under the expressive conduct category. The fact that the people take offence to a certain thing, doesn’t justify prohibition of speech. Majority vote: 5-4Reno versus ACLU1996People challenged the constitutionality of 2 provisions in the 1996 Communications Decency Act (made illegal the posting of obscene or indecent messages on the internet). Did the provisions violate the 1st and 5th amendments by being to broad/vague? Yes. It violated the 1st amendment because it didn’t clearly define “indecent,” communications. Courts refused to address the 5th amendment issues. Majority vote: 9-0Case and YearBackgroundConstitutional IssueSupreme Court decision. Mapp versus Ohio1961Mapp was found w/ obscene materials because of an illegal police search. The search violated the 4th amendment. 6-3 decision in favor of Mapp. Majority opinion by Tom C. Clark evidence cannot be used. Tinker v Des Moines 1969The students weren’t allowed to wear arm- bands at school and got suspended for doing so. Violated 1st amendment (freedom of speech)7-2 decision in favor of Tinker. Majority opinion ruled that the students had the 1st amendment, even while at school. Engel v Vitale 1962The board wanted to say a prayer everyday in the morning. Violated 1st amendment (freedom of speech & freedom of religion)6-1 decision for Engel. Majority opinion ruled that it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools.Schenck v United States1919Schenck encouraged insubordination of military during WW1Violation of 1st amendment. Charged w/ conspiracy and violation of Espionage Act. Unanimous decision for United States. Majority opinion, Schenck is not protected during wartimes. ................
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