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TRANSCRIPT
1803 DECISION
Established the concept of Judicial Review: the Supreme court has the final authority to find acts of government unconstitutional
What happened 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)
What happened 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)
What happened Obscene Speech at assembly
DECISION Schools may limit the profane, obscene lewd
speech of a student 1st Amendment (1983)
What happened 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)
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)
What happened 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)
What happened 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)
What happened 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)
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)
What happened 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)
What happened 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)
What happened 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)
What happened/Decision “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)
What happened 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)
What happened 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)
What happened/Decision A state cannot take away a woman’s right to an
abortion 4th Amendment (1973)