32a-Supreme Court Cases II

8/3/2019 32a-Supreme Court Cases II

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Supreme Court Cases II


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DO NOW: Describe the

constitutional issue andthe holding of the court in

one Supreme Court Case

from last weeks lesson.


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Miranda v. ArizonaIssue: Rights ofSuspected Criminals

19661966

Police arrested Miranda forPolice arrested Miranda for

kidnapping/rapekidnapping/rape

Identified in lineup andIdentified in lineup andconfessedconfessed

Never been advised of hisNever been advised of his

right to an attorney presentright to an attorney present

during interrogationduring interrogationMiranda had beenMiranda had been

questioned, had confessed,questioned, had confessed,

and had signed a writtenand had signed a written

statementstatement withoutwithout being toldbeing told

that he had a right to a lawyer;that he had a right to a lawyer;

his confession was used athis confession was used at

trial.trial.

Miranda rights/5th amendment


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The Court said that if police DO

NOT inform people they arrest

about certain constitutional

rights including:5th amend: Right Against Self-

Incrimination

then their confessions MAY

NOT be used as evidence at

trial.

The decision reversed

the Arizona court's

conviction of ErnestoMiranda on kidnapping

and rape charges.


6/29

In re Gault

Issue: Rights ofJuveniles

15 year old making15 year old making

indecent phone callsindecent phone calls

to neighborto neighborHe is arrestedHe is arrested

Parents were notParents were not

calledcalled

Never interviewed theNever interviewed the

neighbor!neighbor!

Juveniles have similarJuveniles have similar

rights as adults.rights as adults.OYEZOYEZ -- In re GaultIn re Gault --

Oral ArgumentOral Argument


7/29

Tinker v. Des MoinesSchools

Issue: Students and FreeSpeech

19691969

Students protestStudents protestVietnam war withVietnam war withblack arm bandsblack arm bands

Get suspendedGet suspended

Supreme Court ruledthat this violated their1st amendment rightof free speech and

EXPRESSION!


8/29

Furman (FIRM) v Georgia

Facts of the Case:Furman was burglarizing a private home when afamily member discovered him. He attempted to flee,tripped and fell. The gun that he was carrying went offand killed a resident of the home. He was convicted ofmurder and sentenced to deathQuestion:

Does the imposition and carrying out of the deathpenalty in these cases constitute cruel and unusual

punishment in violation of the Eighth and FourteenthAmendments?

Answer:

YES.


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Wallace v.

Jaffree

Issue: Religion in schools

School day to begin with

moment of silent

mediation or voluntary

prayer

student parent suedstudent parent sued

saying that prayersaying that prayerviolated theviolated the

Establishment ClauseEstablishment Clause byby

compelling students tocompelling students to

prayprayPrayer found to bePrayer found to be

unconstitutionalunconstitutional


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Hazelwood Schools v.Kuhlmeier (1987)

Issue: FreeSpeech ofStudents

Upheld the right topublic high school

administrators atHazelwood highHazelwood highschoolschool to censorto censorstories in the schoolstories in the school

newspapernewspaper(teen(teenpregnancies andpregnancies anddivorce)divorce)

Wasnt violation of1stamendment!

b/c it was a school

sponsored activity


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Texas v.

Johnson

Issue: Free Speech and FlagBurning

Allowed to burn the

flag.

In bad taste but

Protected under1st

amendment speech

and expression!


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Swann v.

Charlotte

Mecklenburg

Issue: Forced Busing ofStudents

19711971

Allowed to bus

students to make itmore racially equal

in schools

To

To promotepromoteintegrationintegration ofof

public schools.public schools.

Felt it was a goodFelt it was a good

fix for the problemfix for the problem

of racial imbalanceof racial imbalance

among schools!among schools!


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Escobedo v. Illinois (1964)Escobedo v. Illinois (1964)

DannyEscobedo was a suspect in theDannyEscobedo was a suspect in themurder of his brothermurder of his brother--inin--lawlaw

was pickedwas picked TWICETWICEby police forby police forquestioning.questioning.

He asked for his lawyer to be present,& his lawyer asked to see him

but BOTH were told to wait until thequestioning was over!

During police questioning, he madeDuring police questioning, he made

some statements that incriminatedsome statements that incriminatedhimself.himself.

A motion was made to suppress thestatements as evidence, but he wasstill charged with murder

.


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Story Police said he had given the infoPolice said he had given the info

VOLUNATARILY and the courts upheldVOLUNATARILY and the courts upheldthe conviction.the conviction.

Issue?Issue?

Was the refusal by police to honorWas the refusal by police to honorEscobedos request to consult withEscobedos request to consult withhis lawyer a violation of his 6his lawyer a violation of his 6thth

amendment rights?amendment rights?

WHO CARES?WHO CARES?

This case extended the right of theaccused to have an attorney presentduring questioning.

Info obtained w/o this right isinadmissible in court


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Leandro v. North CarolinaLeandro v. North Carolina(1997)(1997)

Six urban school districts stated that the state funding formulaSix urban school districts stated that the state funding formuladid not provide them with sufficient money to educate their atdid not provide them with sufficient money to educate their at--

risk students and students for whom English is not their firstrisk students and students for whom English is not their first

languagelanguage..

NOT EQUAL!!!NOT EQUAL!!!North Carolina Supreme Court cases requiringNorth Carolina Supreme Court cases requiring

that public schoolthat public school FUNDING must be EQUAL &

FAIR!...every child of this state shall have an...every child of this state shall have an

opportunity to receive a sound basic educationopportunity to receive a sound basic education

in our public schools.in our public schools.


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Heart of Atlanta Motel, Inc vs Us1964

Facts of the Case:

Title II of the Civil Rights Act of1964

forbade (prevented) racial discriminationin places of public accommodation if

their operations affected commerce.

The Heart of Atlanta Motel in Atlanta,Georgia, refused to accept Black

Americans and was charged with

violating Title II.


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Question?

Did Congress, in passing Title II of the 1964

Civil Rights Act, exceed its Commerce

Clause powers by depriving motels, such as

the Heart of Atlanta, of the right to choose

their own customers?Conclusion:

The Court held that the Commerce Clause

allowed Congress to regulate local incidents ofcommerce

and the Court concluded that places of public

accommodation had no "right" to select guests.


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Bethel School District vs.Bethel School District vs.

FrasierFrasier

1986 (free speech at school)1986 (free speech at school)

Student wrote a sexually explicit speechStudent wrote a sexually explicit speech

for commencement speechfor commencement speech

student was suspended for 3 days forstudent was suspended for 3 days forviolating the schools code of conduct andviolating the schools code of conduct andwas removed from the list of those eligiblewas removed from the list of those eligible

to talk at graduationto talk at graduationHis parents appealed the School DistrictsHis parents appealed the School Districtsdecision, and the Washington Districtdecision, and the Washington District

Court upheld Frasiers right to free speechCourt upheld Frasiers right to free speech


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The U.S. Supreme Court took the case,The U.S. Supreme Court took the case,

disagreeing with the other courts, anddisagreeing with the other courts, and

ruled that the school board had actedruled that the school board had actedappropriately.appropriately.

Did Bethel School District violate the firstDid Bethel School District violate the first

amendment by punishing Matt and notamendment by punishing Matt and not

upholding his freedom of speech?upholding his freedom of speech?


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The determination of whatmanner of speech in theclassroom or in school assembly

is inappropriate properly rests withthe school board.

- Chief Justice Burger

You do not have unlimited

speech at school!


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Engel v. VitaleEngel v. Vitale

1962- prayer and school: NO!1951 the New York State Board of Regents (the State board of education)1951 the New York State Board of Regents (the State board of education)approved a 22approved a 22--word nondenominational prayer for recitation each morningword nondenominational prayer for recitation each morning

in the public schools of New York.in the public schools of New York.

Almighty God, we acknowledge our dependence upon Thee, and we begAlmighty God, we acknowledge our dependence upon Thee, and we beg

Thy blessings upon us, our parents, our teachers and our Country.Thy blessings upon us, our parents, our teachers and our Country.

The Regents believed that the prayer could be a useful tool for theThe Regents believed that the prayer could be a useful tool for thedevelopment of character and good citizenship among the students of thedevelopment of character and good citizenship among the students of the

State of New York.State of New York.

The prayer was offered to the school boards in the State for their use, andThe prayer was offered to the school boards in the State for their use, and

participation in the prayerparticipation in the prayer--exercise wasexercise was voluntary.voluntary.

In New Hyde Park, New York, the Union Free School District directed theIn New Hyde Park, New York, the Union Free School District directed thelocal principal to have the prayerlocal principal to have the prayersaid aloud by each class in the presencesaid aloud by each class in the presence

of a teacher at the beginning of the school day.of a teacher at the beginning of the school day.

Some parents objected the prayer, citing separation of church and stateSome parents objected the prayer, citing separation of church and state

The State appeals court upheld the use of the prayer, so long as theThe State appeals court upheld the use of the prayer, so long as the

schools did not compel any pupil to join in the prayer over his or his parents'schools did not compel any pupil to join in the prayer over his or his parents'ob ection.ob ection.


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Constitutional IssuesConstitutional IssuesThe question before the Court involved the Establishment Clause of the 1st

Amendment. Did the Regents of New York violate the religious freedom of

students by providing time during the school day for this particular prayer?

Did the Establishment Clause of the 1st Amendment prevent schools from

engaging in religious activity? Was the wall of separation between church

and state breached in this case?

Arguments:

For Engel (the parents): The separation of church and state requires that

government stay out of the business of prescribing religious activities of any

kind. The Regents' prayer quite simply and clearly violated the 1st Amendment

and should, therefore, be barred from the schools.

For the Regents of the State of New York: The New York Regents did not

establish a religion by providing a prayer for those who wanted to say it.

Countless religious elements are associated with governments and officials,

reflecting the religious heritage of the nation. New York acted properly and

constitutionally in providing an optional, nonsectarian prayer.


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DecisionDecisionThe Court found the New York Regents' prayer to be

unconstitutional.Justice Hugo Black wrote the opinion for the 6-1 majority: We

think that by using its public school system to encourage

recitation of the Regents' Prayer, the State of New York has

adopted a practice wholly inconsistent with the Establishment

Clause. There can, of course, be no doubt that New York's

program of daily classroom invocation of God's blessingsin

the Regents' Prayer is a religious activity

The Court's decision was not, Black pointed out, antireligious. It

sought, rather, only to affirm the separation between churchand state. It is neither sacrilegious nor antireligious to say that

each separate government in this country should stay out of the

business of writing or sanctioning official prayers


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WRITING ASSIGNMENT: Which

Supreme Court Case do you think

had the greatest impact on societyin the United States? Support your

answer.

Documents

32a-Supreme Court Cases II