Regents Review Supreme Court Cases Plessy v Ferguson

Regents Review Supreme Court Cases

Plessy v. Ferguson 1896

Background On June 7, 1892, a 30 year old black shoemaker named Plessy was jailed for sitting in the “White” car on the Louisiana Railroad train. n He was only 1/8 black, but under Louisiana law he was considered black. n Jim Crow laws established in the South after Reconstruction. Forbade blacks from sharing facilities. n

Background (continued) Plessy sued the railroad company claiming that the Separate Car Act violated the 13 th and 14 th amendments. n 14 th amendment- equal protection under the law. n

The Decision States can regulate railroads within their state. n Set precedent that separate facilities for blacks and whites were constitutional. n “Separate but Equal” doctrine applied to restaurants, theatres, restrooms, schools. n Lasted for 58 years until Brown v. Board of Ed. n

Impact of Plessy Court went beyond decision. n Civil Rights Acts unconstitutional. n Legal justification for Jim Crow Laws. n Reconstruction failed socially n

Brown v. Board of Education 1954

Background Linda Brown a young black student wanted to attend an all white school in Topeka, Kansas rather than the black school further away. n Based on Plessy case- refused Brown’s request. n NAACP appealed her case to the Supreme Court. n

Decision Warren Court n Unanimous decision reversed Plessy. n Separate is not equal- separate facilities are inherently unequal and violate the 14 th amendment’s clause to equal protection. n

Impact African Americans began to take direct action to end segregation. n Boycotts and sit ins: restaurants, buses, schools. n Rosa Parks- Montgomery Bus Boycott n Little Rock, Arkansas- 1957 n Martin Luther King Jr. : passive resistance and civil disobedience. n

New Jersey v. T. L. O. 1985

Background A teacher found 14 year old TLO smoking in a school bathroom. n TLO was taken to the Assistant Principal’s office. n TLO denied she had been smoking. n The Assistant Principal then searched her purse. n Found- cigarettes and drug paraphernalia. n Parents said the search violated her 4 th amendment rights because they did not have a warrant. n

Decision n 4 th amendment applies to school officials, but that the search of TLO was reasonable. n School officials do not have to meet the same standards as police officers when conducting searches. n Police officers need “probable cause” and school officials need the lesser standard of “reasonable suspicion. ”

Impact n n Became a precedent for future students rights cases (Bethel v. Frasier). “reaffirmed that the constitutional rights of students in public school are not automatically coextensive with the rights of adults in other settings. Decision was used in cases to allow the use of metal detectors and protective searches in schools. Court has linked such searches with airport scanning and highway checkpoints for drunk drivers.

Schenck v. U. S. 1919

Background Espionage Act of 1917 - harsh penalties for anyone who interfered with the draft. n Charles Schenck- General Secretary of the Socialist Party in the U. S. Outspoken critic of WWI. n Printed 15, 000 copies of an anti-war/antidraft pamphlet. Some mailed and some handed out. n Arrested under the Espionage Act. Argued his 1 st Amendment rights were violated. n

Decision Chief Justice Oliver Wendell Holmes said the pamphlets posed a “clear and present danger” of causing draft resistance. n Threat to our national security. n

Impact Established limits on free speech. Right is not absolute, but depends on the circumstances. n Speech can be restricted during wartime. n Established “clear and present danger” precedent. n Cannot yell fire in a crowded movie theatre. n

Roe v. Wade 1973

Background Texas law made abortion a crime except when necessary to save the life of the mother. n Jane Roe an unmarried pregnant woman brought suit against District Attorney Wade of Dallas County. n Since her life was not in danger she had been unable to obtain an abortion. n Challenged the Texas law- rights of women. n

Decision 14 th amendment rights of privacy encompasses a woman’s right to terminate a pregnancy. n 1 st trimester- unrestricted right- government cannot interfere. n 2 nd trimester- State can make reasonable regulations on how, when and where. n 3 rd trimester- only to save the life of the mother. n

Impact n n n n Court has faced a number of challenges on Roe case. As court changes so do the rulings. Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)- Court upheld: 24 hour wait Mandatory counseling Unmarried and under 18 - parent consent Doctors and clinics must keep detailed records. Court did strike down another Pennsylvania law requiring a wife to have a husbands permission.