Supreme Court Cases Bellringer 45 Describe at least

Supreme Court Cases

Bellringer: 4/5 • Describe at least two ways the civil process differs from the criminal process?

Due Process • Due process: People have the right to fair and reasonable laws. Officials have to follow rules when enforcing laws – Acts as a safeguard from arbitrary denial of life, liberty, or property. • Do the protections in the Bill of Rights apply to the states? – Yes, the Due Process Clause INCORPORATED most to the states.

Gitlow v. New York (1925) • Gitlow was charged with violating a state law against criminal anarchy from writing “Left Wing Manifesto” published in The Revolutionary Age. • Court had to decide whether a person could challenge a state law based on the federal constitution. • "For present purposes we may and do assume that" the rights of freedom of speech and freedom of the press were "among the fundamental personal rights and 'liberties' protected by the due process clause of the Fourteenth Amendment from impairment by the states"

Gitlow v. New York (1925) • Gitlow was the first case to extend the protections in the Bill of Rights to the states using the Due Process clause of the 14 th Amendment.

Supreme Court Cases • You will be analyzing a series of Supreme Court cases. These are all landmark cases that have incorporated the protections of the Bill of Rights.

Mapp v. Ohio (1961) • Police were searching for a bombing subject in Ms. Mapp’s home. Upon her refusal to allow the police to search her home, the police presented her with a a fake warrant. The police found obscene materials and Ms. Mapp was charged. • Evidence obtained in violation of the 4 th amendment may not be used in state law criminal prosecutions. • Mapp v. Ohio Extended exclusionary rule to state courts; fruit of the poisonous tree.

New Jersey v. TLO (1985) • TLO was caught smoking in the bathroom at school. School officials searched her purse and found cigarettes, marijuana, and a list of names that owed her money. TLO claimed the exclusionary rule prevented the evidence from the search be admitted. • Court held the School setting requires some easing of the restrictions to which searches by public authorities are ordinarily subject. • Court held the school officials only needed reasonable suspicion, a more lenient standard, rather than probable cause to perform a search.

Plessy v. Ferguson (1896) • Plessy was 1/8 black. He bought a train ticket and sat in a white-only car. He was arrested, tried, and convicted for alleging a state statute. He filed suit against the judge in the trial. • The Court ruled that the equality created by the 14 th amendment extended only as far as political and civic rights, not social rights. • The Court rejected Plessy’s argument because both blacks and whites were given equal facilities and equally punished for violating the law. – SEPARATE BUT EQUAL

Brown v. Board of Education (1954) • Brown was the parent of a child denied access to Topeka’s white school. • Court held that racial segregation of children in public schools violated the Equal Protection Clause. – Racial segregation in schools is inherently unequal and always unconstitutional. • Public education is an essential component of public life.

Korematsu v. US (1944) • Court stated that legal restrictions that curtail the rights of a single group are suspect and subject to the strictest scrutiny. • Court decided nation’s security concerns outweighed Constitution’s promise of equal rights. • Court used STRICT Scrutiny • Case has not been explicitly overruled. A formal apology has been issued and reparations paid.

Gideon v. Wainwright (1963) • Gideon was charged with breaking and entering and stealing money. He was unable to afford an attorney. Florida law only appointed counsel in capital cases. • Court held the 6 th amendment right to counsel is essential to a fair trial and applies to the states via the 14 th amendment. • Those charged with felonies must be appointed an attorney if can not afford to hire an attorney. • http: //www. annenbergclassroom. org/page/keyconstitutional-concepts

Miranda v. Arizona (1966) • Ernesto Miranda was charged with rape and kidnapping. After two-hours of interrogation he signed a confession. • Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination • The Court ruled that the prosecution could not introduce the confession as evidence because the police had failed to first inform Miranda of his right to an attorney and against selfincrimination.

In Re Gault • Gault (15) was taken into custody for allegedly making an obscene phone call. The police did not leave notice with Gault's parents, • After proceedings before a juvenile court judge, Gault was committed to the State Industrial School until he reached the age of 21 • Court held juveniles must be afforded the same Due Process rights as adults. – timely notice of charges, – right to counsel, opportunity – right to confront witnesses – adequate safeguards against self-incrimination.

Tinker v. Des Moines (1968) • Students decided to wear black armbands to protest the Vietnam war. Students were suspended. Students sued the school for violating their right to expression. • Court held the armbands were an example of symbolic speech. • In order to justify the suppression of speech, the school officials must prove that the conduct in question would “materially and substantially interfere” with the operation of the school.

Johnson v. Texas (1989) • Johnson burnt flag in protest. Charged with violating Texas statute that prohibited vandalizing respected objects. • Court held that speech does not end at the spoken word. Johnson’s actions were considered to be expressive conduct. – Look at whether intent was to convey a message and if message understood • Court held speech was protected.

Limits on Speech • Although there is a first amendment right to freedom of speech, there are limits on speech. • Limits include: – Content based – Time, place, manner restrictions – Imminent lawless action – Fighting words – Obscenity – Libel v. Slander • Libel – written defamatory speech • Slander – spoken defamatory speech

Practice Writing 2 • The Bill of Rights were designed to protect individuals. Evaluate the effectiveness of the Bill of Right’s protections for the accused. In your answer provide at least 3 protections afforded to the accused and state what amendment(s) provide for these protections.

Bellringer 4/6 • Select three Supreme Court cases from yesterday and explain why they are considered landmark cases.