Famous Supreme Court Cases Group Case • 1. Brown vs the Board of ED Topeka Kansas 195 • 2. Texas vs Johnson • 3. Abington S.D. vsSchemp • 4. Hazelwood vsKulmeirer • 5. Bethel vs Frazier • 6. West Virginia vs Barnett • 7. Miranda vs Arizona • 8. TLO vs New Jersey • 9. Lemon vsKurtzman • 10. Tinker vs Des Moines
For Each Case . . . 1. Name and date of cases 2. Short summary – what happen, position of both parties 3. Amendment in question 4. Final decision of Court 5. Do you agree or disagree with the court’s decision? Explain 6. Create a 6 word Headline that explains the case and includes decision.
Religion and the Constitution “ Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof. . .” Government can neither help no hurt Government must stay neutral
The Lemon Test The Lemon Test- A test developed to determine if a government law or action violates the Free Exercise/Establishment clause of the 1st Amendment. 1. The government's action must have a secular legislative purpose; 2. The government's action must not have the primary effect of either advancing or inhibiting religion; 3. The government's action must not result in an "excessive government entanglement" with religion.
Fighting words Brandenburg Test The Court now held that a person's words were protected as free speech as long as they did not directly incite unlawful action. Concerns became raised later that the standard established in the decision was not appropriate in situations involving mass communications through the Internet and popular talk-shows int he 1980s and 1990s.
Constitutional or Unconstitutional • Schools limit student speech only because it is criticizing the President. ______________ • Schools limit profanity ______________ • Schools force students to follow a dress code. _______________ • Schools require a school uniform. __________________ • Teacher instructs his students on religion in class. ________________ • Teacher leads his students in a prayer____________________ • School conducts random Locker searchers ________________ Constitutional Constitutional Constitutional Constitutional Constitutional Unconstitutional Constitutional
School conducts random book bag searches ______________ • School doesn’t allow a student to wear religious symbols _________________ • School allows a bible club in school __________________ • Bible club students use the school’s loudspeaker to lead the stadium in a prayer prior to a football game. ______________ • Principal leads a moment of silence. ______________ • School conducts a holiday concert that has many religious songs. _________________ • School forbids a teacher from wearing religious symbol in school. _______________ • School allows for a prayer during graduation. ________________ • “Under God,” in the pledge. ___________________ Unconstitutional Unconstitutional Constitutional Unconstitutional Constitutional Constitutional Unconstitutional Unconstitutional Constitutional
What Amendment is in question? 4th Amendment • ____________________ The Patriot Act and warrant-less electronicsearches? • ___________________ The Death Penalty? • __________________ Slanderous stories reported on the evening news? • __________________ The 10 commandments displayed in the Supreme Court? 5. ___________________ A girl playing football? 8th Amendment 1st Amendment 1st Amendment 14th Amendment
6. ___________________ Background checks and other restrictions meant to control weapons sales. • __________________ Censorship on the radio or the Fairness Act. • __________________ “Under God” in the pledge • 9. ___________________ Cross buring • _________________ Same –sex marriages • 11. _________________ Abortion rights 14th Amendment 1st Amendment 1st Amendment 1st Amendment 14th Amendment 14th Amendment
What Case? In this case the Supreme Court ruled against the school led bible readings and prayer. Abington S.D.vsSchemp
What Case? • Supreme Court’s decision that greatly increased the rights of the accused. Miranda vs. Arizona
What Case? • The Supreme Court ruled in favor of students wearing black arm bands. This decision protected student rights in schools. Schools may still limit student expression, but they must prove that the expression is causing a disturbance. Tinker vs. Des Moines
What Case? • The Supreme Court desegregated public schools. The court ruled that “Separate but equal” violated the 14th Amendment Brown vs the Board of Education Topeka Kansas 1954
What Case? • The Supreme Court determined the constitutionality of the state paying teachers who taught in Catholic schools. The Court determined that it was in fact a violation of the establishment clause. This later led to a test that is used to determine violations of the establishment/free exercise clause of the 1st Amendment. Lemon vsKurtzman
What Case? • The Supreme Court determined that Anti-flag burning laws were unconstitutional. Texas vs. Johnson
What Case? • The Supreme Court declared that it was unconstitutional for a school to force its students to recite the Pledge of Allegiance. West Virginiavs Barnett
What Case? • The Supreme Court upheld the school’s decision to conduct random locker searches. TLO vs New Jersey
What Case? • The Supreme Court agreed that the principal has the right to censor student newspapers. Hazelwood vsKulmeirer
What Case? • The Supreme Court ruled against inappropriate student speech, claiming that the right to free political speech is not always extended to students in a school. Bethel S.D. vs Frazier