4.04: Creation and Defense of Individual Rights Supreme Court Cases

How did we get our rights? The duty of the Supreme Court is to interpret laws for constitutionality. The Supreme Court affects individual rights by either upholding a law that protects rights or by striking down laws that violate individual rights.

Freedom of Religion Problem: student being required to say prayer in school Outcome: schools cannot “declare” a religion Engle vs. Vitale (1962) Protection right or Limiting Rights SUPREME COURT CASE

4 th Amendment Case Problem: The use of evidence in court that was taken without a warrant Outcome: Evidence taken without a warrant is inadmissible in court Mapp vs. Ohio (1944) Protection right or Limiting Rights SUPREME COURT CASE

Freedom of Speech Problem: is the wearing of armbands in protest protected as speech? Outcome: speech doesn’t have to be spoken to be protected Tinker vs. Des Moines (1969) Protection right or Limiting Rights SUPREME COURT CASE

5 th Amendment Case Problem: Japanese American was imprisoned during WWII Outcome: Government can supersede natural rights to protect citizens during war if danger. Korematsu vs. US(1944) Protection right or Limiting Rights SUPREME COURT CASE

14 th Amendment Case Problem: separating the races in public places Outcome: Court ruled that separate but “equal” is allowed Plessy vs. Ferguson(1896) Protection right or Limiting Rights SUPREME COURT CASE

14 th Amendment Case Problem: segregation in schools Outcome: Court said separate but equal in schools is unconstitutional. Overturned Plessy v. Ferguson Brown vs. Board Of Education (1954) Protection right or Limiting Rights SUPREME COURT CASE

New Cases!!!

Freedom of Speech Problem: a student used graphic language during a speech Outcome: 1 st Amendment doesn’t protect against lewd speech at school Bethel vs. Fraser (1986) Protection right or Limiting Rights SUPREME COURT CASE

5 th Amendment Case Problem: Accused not advised of his rights under the 5 th Amendment Outcome: Created the Miranda rights  Miranda vs. Arizona(1966) Protection right or Limiting Rights SUPREME COURT CASE

6 th Amendment Case Problem: Accused denied lawyer because he was poor and it was not a death penalty case Outcome: Every citizen has right to lawyer is any case… Gideon vs. Wainwright (1963) Protection right or Limiting Rights SUPREME COURT CASE

Before 14 th Amendment Problem: Sandford took Scott (slave) to Missouri (free state). Scott said he was now free. Outcome: Courts ruled that States cannot deprive people of their right to property. Dred Scott vs. Sandford (1857) Protection right or Limiting Rights SUPREME COURT CASE

Cases on your own……

Freedom of Religion Problem: use of religion as a way to break the law Outcome: Religious duty/practice is not sufficient defense against a crime Reynolds vs. US (1878) Protection right or Limiting Rights SUPREME COURT CASE

Freedom of Press Problem: inappropriate article written in school newspaper Outcome: schools have right to read and not permit student work to be published Hazelwood vs. Kuhlmeier (1988) Protection right or Limiting Rights SUPREME COURT CASE

1st Amendment Case Problem: Man burned an American flag as form of protest Outcome: Court found that burning the flag was a form of legal expression Texas v. Johnson, 1989 Protection right or Limiting Rights SUPREME COURT CASE

9 th Amendment Case Problem: State made abortion illegal Outcome: women have the right to decide for themselves about abortion Roe vs. Wade (1973) Protection right or Limiting Rights SUPREME COURT CASE

4 th Amendment Case Problem: student was searched for drugs on school grounds Outcome: School can search a student if they have reasonable suspicion New Jersey v. T.L.O., 1984 Protection right or Limiting Rights SUPREME COURT CASE