Mapp v.

Ohio

Facts of the Case Dolree Mapp, obscene material found Question May evidence obtained through a search in violation of the Fourth Amendment be admitted in a state criminal proceeding? Legal provision: Amendment 4: Fourth Amendment "all evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court." Mapp had been convicted on the basis of illegally obtained evidence.

New York Times v. U.S.

Facts of the Case In what became known as the "Pentagon Papers Case," The President argued that prior restraint was necessary to protect national security. Question Did the Nixon administration's efforts to prevent the publication of what it termed "classified information" violate the First Amendment? Legal provision: Amendment 1: Speech, Press, and Assembly Justice Brennan reasoned that since publication would not cause an inevitable, direct, and immediate event imperiling the safety of American forces, prior restraint was unjustified.

Gitlow v. New York

Facts of the Case Gitlow, a socialist, was arrested for distributing copies of a "left-wing manifesto" that called for the establishment of socialism through strikes and class action of any form.. Question Is the New York law punishing advocacy to overthrow the government violates First Amendment? Conclusion Split Vote On the merits, a state may forbid both speech and publication if they have a tendency to result in action dangerous to public security, even though such utterances create no clear and present danger. The rationale of the majority has sometimes been called the "dangerous tendency" test.

Wisconsin v. Yoder

Facts of the Case The three parents refused to send their children to such schools after the eighth grade, arguing that high school attendance was contrary to their religious beliefs. Question Did Wisconsin's requirement that all parents send their children to school at least until age 16 violate the First Amendment by criminalizing the conduct of parents who refused to send their children to school for religious reasons? Legal provision: Free Exercise of Religion In a unamimous decision, the Court held that individual's interests in the free exercise of religion under the First Amendment outweighed the State's interests in compelling school attendance beyond the eighth grade

Engle v. Vitale

Facts of the Case The Board of Regents for the State of New York authorized a short, voluntary prayer for recitation at the start of each school day. Question Does the reading of a nondenominational prayer at the start of the school day violate the "establishment of religion" clause of the First Amendment? Legal provision: Establishment of Religion Yes. Neither the prayer's nondenominational character nor its voluntary character saves it from unconstitutionality. By providing the prayer, New York officially approved religion.

Regents of the U of C v. Bakke

Facts of the Case Allan Bakke, a thirty-five-year-old white man, had twice applied for admission to the University of California Medical School at Davis. Spots given to minority even though he was more qualified. Question Did the University of California violate the Fourteenth Amendment's equal protection clause, and the Civil Rights Act of 1964 Split Vote No and yes. There was no single majority opinion. Four of the justices contended that any racial quota system supported by government violated the Civil Rights Act of 1964. However, in his opinion, Powell argued that the rigid use of racial quotas as employed at the school violated the equal protection clause of the Fourteenth Amendment. The remaining four justices held that the use of race as a criterion in admissions decisions in higher education was constitutionally permissible..

Gideon v. Wainwright

Facts of the Case Gideon was charged in a Florida state court. When he requested the court to appoint an attorney for him, the court refused, stating that it was only obligated to appoint counsel to indigent defendants in capital cases. Question Did the state court's failure to appoint counsel for Gideon violate his right to a fair trial and due process of law as protected by the Sixth and Fourteenth Amendments? Legal provision: Right to Counsel In a unanimous opinion, the Court held that Gideon had a right to be represented by a court-appointed attorney and, in doing so, overruled its 1942 decision of Betts v. Brady

Roe v. Wade

Facts of the Case Roe, a Texas resident, sought to terminate her pregnancy by abortion. Question Does the Constitution embrace a woman's right to terminate her pregnancy by abortion? Legal provision: Due Process The Court held that a woman's right to an abortion fell within the right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment. The decision gave a woman total autonomy over the pregnancy during the first trimester and defined different levels of state interest for the second and third trimesters.

U.S. v. Nixon

Facts of the Case Nixon asserted that he was immune from the subpoena claiming "executive privilege," which is the right to withhold information from other government branches to preserve confidential communications within the executive branch or to secure the national interest. Question Is the President's right to safeguard certain information, using his "executive privilege" confidentiality power, entirely immune from judicial review? Legal provision: US Const. Art. II No. The Court held that neither the doctrine of separation of powers, nor the generalized need for confidentiality of high-level communications, without more, can sustain an absolute, unqualified, presidential privilege. Therefore, the president must obey the subpoena and produce the tapes and documents.

Furman v. Georgia

Facts of the Case Furman, He attempted to flee, and in doing so tripped and fell. The gun that he was carrying went off and killed a resident of the home. Question Does the imposition and carrying out of the death penalty in these cases constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments? Legal provision: Amendment 8: Cruel and Unusual Punishment Yes. The Court's one-page per curiam opinion held that the imposition of the death penalty in these cases constituted cruel and unusual punishment and violated the Constitution.

Gregg v. Georgia

Facts of the Case A jury found Gregg guilty of armed robbery and murder and sentenced him to death. capital sentence was a "cruel and unusual" punishment that violated the Eighth and Fourteenth Amendments. Question Is the imposition of the death sentence prohibited under the Eighth and Fourteenth Amendments as "cruel and unusual" punishment? Legal provision: Amendment 8: Cruel and Unusual Punishment No. In a 7-to-2 decision, the Court held that a punishment of death did not violate the Eighth and Fourteenth Amendments under all circumstances.

Miranda v. Arizona

Facts of the Case in which defendants were questioned "while in custody or otherwise deprived of [their] freedom in any significant way." In none of the cases were suspects given warnings of their rights at the outset of their interrogation. Question Does the police practice of interrogating individuals without notifiying them of their right to counsel and their protection against self-incrimination violate the Fifth Amendment? Legal provision: Self-Incrimination The Court held that prosecutors could not use statements stemming from custodial interrogation of defendants unless they demonstrated the use of procedural safeguards "effective to secure the privilege against selfincrimination. The Court specifically outlined the necessary aspects of police warnings to suspects, including warnings of the right to remain silent and the right to have counsel present during interrogations.

Texas v. Johnson

Facts of the Case Johnson was tried and convicted under a Texas law outlawing flag desecration. Question Is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment? Legal provision: Amendment 1: Speech, Press, and Assembly In a 5-to-4 decision, the Court held that Johnson's burning of a flag was protected expression under the First Amendment.

Abington School District v. Schemp

Facts of the Case The Abington case concerns Bible-reading in Pennsylvania public schools. Question violate the religious freedom of students as protected by the First and Fourteenth Amendments? Legal provision: Establishment of Religion The Court found such a violation. The required activities encroached on both the Free Exercise Clause and the Establishment Clause of the First Amendment

Miller v. California

Facts of the Case Miller, sale of "adult" material, was convicted of violating a California statute prohibiting the distribution of obscene material Question Is the sale and distribution of obscene materials by mail protected under the First Amendment's freedom of speech guarantee? Legal provision: Amendment 1: Speech, Press, and Assembly In a 5-to-4 decision, the Court held that obscene materials did not enjoy First Amendment protection.

Lemon v. Kurtzman

Facts of the Case In Pennsylvania, a statute provided financial support for teacher salaries, textbooks, and instructional materials for secular subjects to non-public schools. Question statutes violate the First Amendment's Establishment Clause by making state financial aid available to "church- related educational institutions"? Legal provision: Establishment of Religion

Yes. Writing for the majority, Chief Justice Burger articulated a three-part test for laws dealing with religious establishment. To be constitutional, a statute must have "a secular legislative purpose," it must have principal effects which neither advance nor inhibit religion, and it must not foster "an excessive government entanglement with religion

Tinker v. Des Moines

Facts of the Case Decided along with their parents to protest the Vietnam War by wearing black armbands to their Des Moines schools during the Christmas holiday season. Question Prohibition against the wearing of armbands in public school violates the First Amendment's freedom of speech protections? Legal provision: Amendment 1: Speech, Press, and Assembly The wearing of armbands was "closely akin to 'pure speech'" and protected by the First Amendment. School environments imply limitations on free expression

Reynolds v. U.S.

Facts of the Case challenged the federal anti-bigamy statute Question Does the federal anti-bigamy statute violate the First Amendment's free exercise clause because plural marriage is part of religious practice? Split Vote No. Chief Justice Morrison R. Waite, writing for a unanimous court, held that the statute can punish criminal activity without regard to religious belief. The First Amendment protected religious belief, but it did not protect religious practices that were judged to be criminal such as bigamy.

Brown v. Board

Facts of the Case Black children were denied admission to public schools attended by white children under laws requiring or permitting segregation according to the races. Question Does the segregation of children in public schools solely on the basis of race deprive the minority children of the equal protection of the laws guaranteed by the 14th Amendment? Legal provision: Equal Protection Yes. Racial segregation in public education has a detrimental effect on minority children because it is interpreted as a sign of inferiority. Separate but equal is inherently unequal in the context of public education.

DC v. Heller

Facts of the Case A group of private gun-owners brought suit claiming the laws violated their Second Amendment right to bear arms. Question Whether provisions of the D.C. Code violates Second Amendment rights of individuals Legal provision: Amendment 2 Yes. In a 5-4 decision, the Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home

U.S. v. Lopez

Facts of the Case He was charged under Texas law with firearm possession on school premises. Question Is the 1990 Gun-Free School Zones Act, forbidding individuals from knowingly carrying a gun in a school zone, unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause? Legal provision: 18 U.S.C. 922 Yes. The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity.