Supreme CourtDecisions

GIBBONSV.

OGDEN

MIRANDAV.

ARIZONA

FURMANV.

GEORGIA

GIDEONV.

WAINWRIGHT

TINKERV.

DES MOINES

U.S.V.

NIXON

NY TIMESV.

U.S.

KORAMATSUV.

U.S.

IN RE GAULT

MARBURYV

MADISON

McCULLOCHV.

MARYLAND

DRED SCOTTV.

SANDFORD

BRANDENBURGV.

OHIO

PLESSYV.

FERGUSON

ROEV.

WADE

LEANDROV.

N.C.

MAPPV.

OHIO

SWANNV.

MECKLENBURGDISTRICT

BROWN V.

BOARD OF ED

HEAT MOTELV.

U.S.

NEW JERSEYV

T.L.O.

ABINGTON S.D.V.

SCHEMPP

SCHENCKV.

U.S.

DARTMOUTHV.

WOODARD

MAPP V. OHIO

• CASE SURROUNDED BY SEARCH AND SEIZURE LAWS AND PRIVACY RIGHTS OF THE 14TH AMENDMENT.

• DECISION.– POLICE CANNOT USE EVIDENCE THAT IS

NOT PART OF THE SEARCH WARRANT TO CONVICT OF ANOTHER CRIME.

– EXTENDED THE 14TH AMENDMENT TO RIGHT OF PRIVACY.

NEW JERSEY V. T.L.O.

• STUDENT WAS FOUND TO HAVE DRUGS DURING A SEARCH OF HER PURSE.

• 4TH AMENDMENT ISSUE OF PROBABLE CAUSE, & ARE SCHOOL OFFICIALS UNDER THE SAME RESTRICTIONS OF POLICE?

• COURT RULING.– SCHOOL OFFICIALS DO NEED PROPABLE

CAUSE TO SEARCH, BUT NOT A WARRANT.– SCHOOL SAFETY IS OVER STUDENT PRIVACY.– THE SEARCH IN THIS CASE WAS LEGAL DUE TO

PROBABLE CAUSE.

ABINGTON S. D. V. SCHEMPP• PUBLIC SCHOOL DISTRICT HAD BIBLE

VERSE TO BEGIN EACH DAY.

• FAMILY SUED FOR VIOLATION OF 1ST AMENDMENT.

• COURT RULING– REAFFIRMED EARLY RULING OF SEPARATION

OF CHURCH AND STATE.– NO RELIGION CAN COME FROM PUBLIC

SOURCES.

SCHENCK V. U.S.• DEALS WITH 1ST AMENDMENT FREEDOM

OF SPEECH.• SCHENCK VIOLATED THE ESPIONAGE ACT.

– CRIME TO CAUSE INSUBORDINATION IN THE ARMED FORCES.

• COURT RULING.– ESPIONAGE ACT WAS CONSTITUTIONAL.– DEALT WITH LIMITS OF FREEDOM OF SPEECH

DURING WARTIME. – ESTABLISHED THE CLEAR AND PRESENT

DANGER PRINCIPLE.

DARTMOUTH V. WOODARD

• STARTED DUE TO STATE GOV’T ATTEMPT TO MAKE A PRIVATE COLLEGE A STATE UNIVERSITY.

• REPRESENT A FIGHT BETWEEN FEDERALISTS AND REPUBLICANS.

• COURT RULING.– PRIVATE INSTITUTIONS ARE PROTECTED

UNDER ART. 1 SEC. 10 OF THE CONSTITUTION FROM INTERFERENCE BY A STATE.

– STATES CANNOT CREATE A LAW THAT IS IN CONFLICT WITH AN EXISTING CONTRACT WITH THAT STATE

SWANN V. MECKLENBURG

• ISSUE CHALLENGES BUSING STUDENTS IN THE DISTRICT.

• DECISION.

– DISTRICTS MAY BUS STUDENTS TOT OTHER DISTRICTS TO END THE PATTERN OF ALL BLACK OR ALL WHITE SCHOOLS.

LEANDRO V. N.C.

• LAWSUIT INVOLVED THE CHALLENGE ON HOW THE STATE FUNDS SCHOOLS AND THE EQUAL EDUCATION LAW.

• DECISION:– THE STATE CONSTITUTION DOES NOT

REQUIRE EQUAL FUNDING OF EDUCATION BUT A GUARANTEE OF A FREE, BASIC, PUBLIC EDUCATION

ROE V. WADE

• CHALLENGED THE ABORTION LAWS IN TEXAS AND GEORGIA.

• DUE PROCESS OF THE LAW AND RIGHT TO PRIVACY ALLOWS WOMEN TO MAKE THE DECISION TO TERMINATE A PREGNANCY.

BRANDENBURG V. OHIO

• EXPANDED THE SCOPE OF POLITICAL SPEECH BY PROTECTING ALL POLITICAL SPEECH.– MADE IT ONE OF THE 7 TESTS OF FREE

SPEECH.

• FREE SPEECH UNLESS LINKED TO IMMEDIATE LAWLESSNESS BEHAVIOR.– MADE IT ONE OF THE 7 TESTS OF FREE

SPEECH.

HEAT OF ATLANTA MOTELV.

U.S.

• UPHELD THE CIVIL RIGHTS ACT OF 1964.

– PROHIBITS RACIAL DISCRIMINATION IN TERMS OF SERVICE AND EMPLOYMENT.

PLESSY V. FERGUSON

• COURT CLAIMED THAT SEPARATE BUT EQUAL PUBLIC FACILITIES WAS CONSTITUTIONAL, INCLUDING PUBLIC EDUCATION.

DRED SCOTT V. SANFORD

• SCOTT A SLAVE IS SUEING FOR HIS FREEDOM BASED ON THAT HE IS IN FREE TERRITORY.

• S.C. DECISION.

– BLACKS ARE NOT CITIZENS OF THE U.S. AND MAY NOT SUE FOR FREEDOM OF A CITIZEN.

– VOIDED THE MISSOURI COMPROMISE WHICH OUTLAWED SLAVERY IN TERRITORIES.

MARBURY V MADISION• PRES. ADAMS APPOINTS MARBURY

LAST MINUTE TO PACK COURT.

• MADISON DOES NOT COMPLY.

• DECISION.

– ESTABLISHED JUDICAL REVIW.

• RIGHT OF S.C. TO DECLARE ACTS OF LEG AND PRES. UNCONSTITUTIONAL

McCULLOCH V MARYLAND

• STATE OF MARYLAND ATTEMPTED TO TAX A FEDERAL BANK OUT OF PROTEST. U.S. BANK REFUSED TO PAY.

• DECISION.

– S.C. UPHELD NEC. & PROPER CLAUSE.

– REINFORCED SUPREMACY CLAUSE.

GIBBONS V OGDEN

• CONFLICT DUE TO FEDERAL LICENSE VS. STATE LICENSE. AND COMMERCE REGULATE RIGHTS OF STATE AND FEDERAL GOVERNMENT.

• DECISION.– S.C. MADE IT CLEAR THAT

CONGRESS HAS THE SOLE AUTHORITY TO REGULATE COMMERCIAL COMMERCE.

BROWN V BOARD OF ED.

• OVERTURNED PLESSY V. FERGUSON THAT ESTABLISHED SEPARATE BUT EQUAL PUBLIC FACILITIES.

• DECISION.

– SEPARATE BUT EQUAL IN SCHOOLS VIOLATED THE 14TH AMENDMENT.

– SCHOOLS NEEDED TO BE FULLY INTERGRATED.

MIRANDA V. ARIZONA

• ERNESTO MIRANDA ARRESTED AND NOT GIVEN HIS RIGHTS BEFORE BEING ARRESTED.

• DECISION.– POLICE CANNOT TAKE A PERSON INTO

CUSTODY AND QUESTIONED WITHOUT NOTIFYING THAT PERSON OF THEIR RIGHTS.

– ENSURE PERSON DOES’T GIVE UP THEIR 5TH AMENDMENT OF SELF INCRIMINATION.

FURMAN V. GEORGIA

• COURT CASE TERMINING DEATH PENALTY.

• DECISION.

– HALTED ALL DEATH PENALTIES DUE TO THE CRUEL AND UNUSUAL PUNISHMENT CLAUSE.

– STATE HAD TO REWRITE THEIR DEATH PENALTY STATUE TO COMPLY.

GIDEON V WAINWRIGHT

• GIDEON WAS ACCUSED OF ROBBERY AND THE JUDGE REFUSED TO APPOINT A FREE ATTORNEY.

• DECISION.

• POOR DEFENDENTS IN A CRIMINAL CASE HAVE THE RIGHT TO A STATE-PAID ATTORNEY UNDER THE 6TH AMENDMENT.

TINKER V DES MOINES SCHOOL DISTRICT.

• SCHOOL ADOPTED A POLICY BANNING ARMBANDS WORE IN SCHOOL. STUDENTS DID AND WERE SUSPENDED. VIOLATE 1ST AMEND.

• DECISION.– STUDENTS AND TEACHER DO NOT GIVE

UP 1ST AMENDMENT WHEN IN SCHOOL.– SCHOOLS CANNOT SUSPEND FOR

ARMBANDS THAT MAKE A PURE SPEECH ACTION.

UNITED STATES V NIXON

• NIXON TOLD HE MUST HAND OVER TAPES OF OVAL OFFICE. DUE TO IMPLICATIONS TO A CRIMINAL CASE.

• DECISION.

– NIXON MUST NOT INHIBIT A CRIMIAL CASE.

– NO ONE EVEN THE PRES. IS ABOVE THE LAW.

NEW YORK TIMES V U.S.

• NEW YORK TIMES WAS LEAKED THE “PENTAGON PAPERS BY ANTIWAR OFFICIAL. NIXON ATTEMPTED TO BAN THE PUBLICATION.

• DECISION.– DOCTRINE OF PRIOR RESTRAINT.

• PROTEST PRESS FROM GOV’T CENSORSHIP UNLESS EXTRAORDINARY CIRCUMSTANCES.

–SAFETY OF TROOPS.

KORMATSU V. U.S.• JAPANESE AMERICAN SUED U.S. GOV’T

FOR INTERNMENT CAMPS DURING WW II OF JAPANESE.

• DECISION.– S.C. SIDED WITH THE U.S. AND

UPHELD THE “EXCLUSION ORDERS” IN TIMES OF WAR AS PART OF THE NECESSARY AND PROPER CLAUSE DURING WAR TIMES.

• IN 1983 DECISION WAS OVERTURNED.

IN RE GAULT• GAULT, A MINOR, WAS HELD WITHOUT

PARENTAL NOTICE AND WITHOUT HIS 14TH AMENDMENT RIGHTS OF DUE PROCESS THAT ARIZONA JUVENILE CODE DID NOT PROVIDE.

• DECISION.– S.C. FOUND THAT JUVENILES ARE

GIVEN THE SAME RIGHTS AS PROVIDED TO ADULTS IN THE 14TH AMENDMENT.

– ALL AMENDMENTS ARE FOR ALL PEOPLE OVER AND UNDER 18.