Necessary and Proper clause allow loose interpretation & Feds Sovereign. Interstate commerce is in the hands of the Fed Govt

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1 Marbury v. Madison 1803 McCulloch v. Maryland 1819 Gibbons v. Ogden 1824 Dred Scott v. Sanford Judicial Review Necessary and Proper clause allow loose interpretation & Feds Sovereign Interstate commerce is in the hands of the Fed Govt Slaves are property (can t be citizens) No compromises Hazelwood v. Kuhlmeier 1988 School sponsored activities are not protected under # 1 New York Times v. U.S Heart of Atlanta v. U S 1964 Pentagon Papers, prior restraint must bear a heavy presumption of Constitutionality Businesses which deal in interstate trade can be regulated by Fed U. S. v. Nixon 1974 Presidential immunity from judicial action is not absolute Korematsu v. U S 1944 Mueller v. Allen 1983 New Jersey v. TLO 1984 Tinker v. Des Moines 1969 Gideon v. Wainwright 1962 Univ of Cal. Regents v. Bakke 1978 Danger to public can justify the loss of civil rights to one racial group (Japs) Set three pronged test to determine if tax deductions for parochial school parents violates Establishment clause (see Lemon) Reasonable suspicion rule for school searches (probable cause otherwise) Symbolic speech applies to students (black arm bands) States must provide defendants with appropriate defense (attys) Reverse discrimination to correct past policies is unacceptable W. Va B o E v. Barnett 1943 compulsory flag saluting unconstitutional (see Gobitis) Plessy v. Ferguson 1896 Schenck v. U S 1919 Weeks v. U S 1914 Gitlow v. New York 1925 Powell v. Alabama 1932 Betts v. Brady 1942 Brown v. B O E (1954) Roth v. U S Engel v. Vitale 1962 Abington Township v. Schempp 1963 Escobedo v. Illinois 1964 Griswold v. Conn Miranda v. Arizona 1966 Sheppard v. Maxwell 1966 In re Gault 1967 Lemon v. Kurtzman 1971 Furman v. Georgia 1972 Segregation of the races is reasonable (Sep but = OK) Congress can prevent speech that creates a clear and present danger Exclusionary rule illegally obtained evidence is inadmissible in Fed Cts A state can forbid speech or publications which may produce a danger to the public The Rt to counsel is fundamental in capital cases (states must supply atty) Special circumstances require the state to provide an atty (illiteracy) Segregation in public schools is illegal (ended de jure segregation) Obscenity is not protected under the 1 st amend. (established standards) Struck down prayers in the public schools (no official prayer No Bible reading during the school day the govt must be neutral Exclusionary rule to include a confession - You have the rt to remain silent Included the Rt to privacy within the 9 th Amend (led to Roe) Confessions illegal if defendants aren t warned for special questions Rt to a fair trial (pre-trial publicity) (defendant got a new trial) Juveniles granted most rights of due process 3 part terst to examine aid to religious institutions by state & local govt Outlawed unequal application of the death penalty (temp ended death penal.

2 Wisconsin v. Yoder 1972 Roe v. Wade 1963 Bob Jones Univ. v. U S (1983 California v. Greenwood 1988 Bethel v. Fraser 1986 Thompson v. Oklahoma 1986) Wes berry v. Sanders 1964 Reynolds v. Sims 1964 Everson v. BOE 1947 Epperson V Arkansas 1968 Edwards v. Aguillard 1962 Reynolds v. U S 1879 Minersville School v. Gobitis 1910 Miller v. Calif 1973 Stanley v. Georgia (1969 Osborne v. Ohio 1990 Near v. Minnesota 1931 U S v. O Brien 1968 Buckley v. Valeo 1976 Texas v. Johnson 1989 Planned Parenthood v. Casey 1992 Missouri ex real Gaines v. Canada 1938 Bowers v. Hardwick 1986 U S v. Miller 1939 Mapp v. Ohio 1961 Nix v. Williams 1984 Rt of Amish to educate their young exemption from state educ. led to home schooling Applied Rt to privacy to a woman s body (allowed abortion in 1 st trimester) IRS could deny tax exemption status to institution for racial discrimination Legal to search garbage bags (accessible areas are OK to search) Schools may place limits on lewd or obscene speech (school standards OK Set age limits on capital punishment (15yr old = cruel & unusual One person one vote for Congressional representation State s apportion must reflect state s population distribution States may help students in religious but not the religion (busses) Struck down law forbidding the teaching of evolution Law requiring = time for creationsim (with Darwin) unconstitutional Prohibited bigamy, religious beliefs OK religious practices can be regulated Students can be forced to pledge allegiance Obscenity standards = community standards, offensive or lacks value Porn at home OK State may limit porn to minors Prior restraint violates the 1 st Amendment No draft card burning (not limiting dissent or expression in other ways) Campaign finance $ limitations to candidates OK (soft $ is unlimited OK) Flag burning as symbolic speech OK. If it has a political purpose No husband notification necessary for abortions (undue burden on women) State cannot send students out of state to avoid separate but equal Constit does not guarantee the rt to engage in consensual homosexual sex No sawed off shotgun across state lines without Fed permit Extended exclusionary rule to evidence in state courts Weakened exclusionary rule evidence which would have been found anyway U. S v. Leon 1984 Ruled good faith exceptions to exclusionary rule evidence OK Bush v. Gore Swann v. Charlotte-Mecklenburg 1971 Gore right but Bush wins Attempted to end de facto segregation (ended neighborhood schools)

3 LONGER EXPLANATION OF SOME OF THE CASES 1. Abington Township v. Schempp, (1963) This case involved a Pennsylvania law requiring that at least ten Bible verses be read in public schools at the beginning of each day. The Schempps, a family in Abington, sued the school district for violating the first amendment of the constitution. Just as in Engle v Vitale, religious instruction in school was deemed to violate the 1st amendment of the constitution. 2. Bethel v. Frazer, (1986) Matthew Fraser, a high school student in Bethel, Washington, delivered a speech nominating a fellow student for a student elective office. The speech was made during school hours as a part of a school-sponsored educational program in self-government. The voluntary assembly was attended by about 600 students, many of whom were 14-year-olds. Throughout the speech, the student deliberately referred to his candidate in terms of an elaborate and explicit sexual metaphor. The Court held that the school board acted entirely within its permissible authority in punishing Fraser for "his offensively lewd and indecent speech." This was not a situation where Fraser was sanctioned for expressing a political viewpoint as in the Tinker "armband" case; the sexual innuendo was incidental to the merits of the candidate who was being nominated. "It is a highly appropriate function of public school education to prohibit the use of vulgar and offensive terms in public discourse... Schools must teach by example the shared values of a civilized social order." 3. Betts v. Brady, (1942) Betts was indicted for robbery and detained in a Maryland jail. Prior to his trial, he asked for counsel to represent him. This request was denied and he was soon convicted. While incarcerated, Betts filed a habeas corpus petition in the lower courts. After they rejected his petitions, he filed a certiorari petition with the Supreme Court, which agreed to hear his case. Bett argued that his 6th Amendment right to a fair trial was violated because of his lack of counsel. The State of Maryland held that most states did not require the appointment of counsel in non-capital cases and the circumstances of this particular case did not require it. Although the Court found in favor of Betts, it decided that the right to counsel must be decided on a case- by-case basis. This ruling was upheld for 20 years until it was overturned by Gideon v. Wainwright in Bob Jones University v. U.S., (1983) The Supreme Court upheld the IRS's policy of prohibiting tax exempt status to even religious schools with racially discriminatory policies. Bob Jones University is a conservative, evangelical Christian university that believes interracial dating and marriage is contrary to the its faith. At the time of this case, it refused to admit any black students at all. In 1970, based on its interpretation of the 1964 Civil Rights Act, the Internal Revenue Service decided to prohibit granting tax-exempt status to any private schools that practiced racial discrimination. In 1971, Bob Jones University altered its policy and admitted black students who were married "within their own race," but continued its exclusion of unmarried black students. In 1975 it changed its policy once more and began to admit unmarried black students, but enforced strict rules against any interracial dating and expelled anyone who violated this rule. Included in this case was another religious school that also racially discriminated in its admissions process. Both schools sued when the IRS finally revoked their tax-exemptions in 1975, even though they had not violated any of the provisions of their 501(c)(3) tax exempt status. 5. Bowers v Hardwick, (1986) After being charged with violating the Georgia statute criminalizing sodomy by committing that act with another adult male in the bedroom of his home, respondent Hardwick (respondent) brought suit in Federal District Court, challenging the constitutionality of the statute insofar as it criminalized consensual sodomy. The court upheld Georgia s right to make laws restriction the sexual conduct of it s citizens. 6. Boy Scouts of America, et al. v Dale, (2000) --upheld right of boy scouts to exclude gays based on freedom of association and speech

4 7. Brown v Board of Education, II, (1955) said end segregation with all deliberate speed 8. Brown v. Board of Education, I, (1954) -- Supreme Court struck down the "separate but equal "doctrine as fundamentally unequal. This case eliminated state power to use race as a criterion of discrimination in law and provided the national government with the power to intervene by exercising strict regulatory policies against discriminatory actions. 9. Bush v Gore, (2000 )--Supreme Court reversed an order by the Florida Supreme Court to recount ballots in the 200 election Supreme Court reversed an order by the Florida Supreme Court to recount ballots in the 2000 election. Majority of the Supreme Justices sopped the recount saying that the time for selecting electors had expired December California v. Greenwood, (1988) Acting on information that Greenwood might be a narcotics trafficker police twice obtained from Greenwood s trash collector garbage bags left in front of Greenwood s house. On basis of items in the bags that indicated narcotics use, police obtained a warrant to search Greenwood s house. Police found several controlled substances during their house search and arrested Greenwood. The Supreme Court decided that warrantless search of trash left on the curb outside of the home does not violate the Fourth Amendment. 11. Clinton v Jones (1997) Jones sued Clinton for making sexual advances towards her while he was governor of Arkansas. Clinton requested immunity on grounds of presidential immunity, but the district judge denied it, and they continued with discovery. The court then stated that they were not persuaded of the seriousness of the allegations, and if congress wanted to grant Clinton further protection then they could do so. 19. Collins v Smith, (1978) Collin applied for a permit to have an assembly of a NAZI support group at the Village Center in Skokie, Ill. On July 4th. His application for a permit was denied, and the case went up to the Supreme Court after district courts, appellate courts, etc. The Supreme Court ruled that the statute did not violate the liberty of speech guaranteed as against the States by the Due Process Clause of the Fourteenth Amendment. 12. Cruzan v. Missouri Department of Health, (1990) Nancy Cruzan was a vegetable in a Missouri state hospital. The state was paying for her care. The hospital employees refused to stop giving her nutrients upon the parents request because that would have resulted in Cruzan s death. The court ruled against the state, claiming that the state could not pursue the interest in human life in order to use this life as a symbol for it s own purposes. 13. Engle v Vitale Because of the prohibition of the First Amendment against the enactment of any law "respecting an establishment of religion," which is made applicable to the States by the Fourteenth Amendment, state officials may not compose an official state prayer and require that it be recited in the public schools of the State at the beginning of each school day even if the prayer is denominationally neutral and pupils who wish to do so may remain silent or be excused from the room while the prayer is being recited. 14. Dred Scott v. Sandord, (1857) Dred Scott was taken from Missouri, a slave state, by his owner, to Illinois, a free state, and then back to Missouri. Scott then claimed that since his owner had taken him to a free state he was still free when he went back to Missouri. The owner refuted, and they went to court. The Courts ruled in favor of Sandord, and also ruled that Blacks were not citizens of the United States, as they were property. 15. Epperson v. Arkansas, (1962) Appellant Epperson, an Arkansas public school teacher, brought this action for declaratory and injunctive relief challenging the constitutionality of Arkansas' "anti-evolution" statute. That statute makes it unlawful for a teacher in any state supported school or university to teach or to use a textbook that teaches "that mankind ascended or descended from a lower order of animals." The Court struck down the law forbidding the teaching of evolution.

5 17. Escobedo v Illinois Petitioner, a 22-year-old of Mexican extraction, was arrested with his sister and taken to police headquarters for interrogation in connection with the fatal shooting, about 11 days before, of his brotherin-law. He had been arrested shortly after the shooting, but had made no statement, and was released after his lawyer obtained a writ of habeas corpus from a state court. Petitioner made several requests to see his lawyer, who, though present in the building, and despite persistent efforts, was refused access to his client. Petitioner was not advised by the police of his right to remain silent and, after persistent questioning by the police, made a damaging statement to an Assistant State's Attorney which was admitted at the trial. The Supreme Court ruled that the confession should have been excluded and that defendants had the right remain silent. 18. Everson v. Board of Education, (1947) -- Pursuant to a New Jersey statute authorizing district boards of education to make rules and contracts for the transportation of children to and from schools other than private schools operated for profit, a board of education by resolution authorized the reimbursement of parents for fares paid for the transportation by public carrier of children attending public and Catholic schools. The Catholic schools operated under the superintendency of a Catholic priest and, in addition to secular education, gave religious instruction in the Catholic Faith. A district taxpayer challenged the validity under the Federal Constitution of the statute and resolution so far as they authorized reimbursement to parents for the transportation of children attending sectarian schools. The Court held that the state could help the students in the religious schoold, but not the religion OK d busses. 19. Furman v. Geogia, (1972 )effectively ended the death penalty in the U. S, because of the broad scope of many/most of the statutes. Statutes were rewritten more specifically and the deaths resumed. 20. In re Gault, (1967) gave due process rights to juvenile/students 21. Gibbons v Ogden, (1824) --An early, major case establishing the supremacy of the national government in all matters afflicting interstate commerce, in which John Marshall broadly defined what Article I, Section 8, meant by commerce among the several states. He affirmed that the federal government alone could regulate trade, travel, and navigation between the states 22. Edwards v. Agillard, Louisiana's "Creationism Act" forbids the teaching of the theory of evolution in public elementary and secondary schools unless accompanied by instruction in the theory of "creation science." The Act does not require the teaching of either theory unless the other is taught. It defines the theories as "the scientific evidences for [creation or evolution] and inferences from those scientific evidences." Appellees, who include Louisiana parents, teachers, and religious leaders, challenged the Act's constitutionality in Federal District Court, seeking an injunction and declaratory relief. The District Court granted summary judgment to appellees, holding that the Act violated the Establishment Clause of the First Amendment. The Court of Appeals affirmed. 23. Griswold v Connecticut, (1965) --The Court ruled that the right to privacy included the right to marital privacy and struck down state laws restricting married persons use of contraceptives and the circulation of birth control information 24. Heart of Atlanta Motel v US, (1964) The owners of Heart of Atlanta Motel, located in downtown Atlanta, Georgia, restricted occupancy to white persons only, and sued for declaratory relief to be able to continue its policy despite the Civil Rights Act of The Court upheld those acts of Congress and in particular held that, Congress action in removing the disruptive effect which it found racial discrimination has on interstate travel is not invalidated because Congress was also legislating against what it considered to be moral wrongs. 25. Korematsu v US, (1944) Korematsu was a Japanese American who felt that his Fourteenth Amendment right to equal protection under the law, and his Fifth Amendment right to life, liberty, and property were violated when an executive order put him in an internment camp. The court ruled that the President and Congress had the right to label the Japanese as a suspect class because the issues concerning national security were compelling. 26. Hazelwood School District v Kuhlmeier, (1988) --Respondents, former high school students who were staff members of the school's newspaper, filed suit in Federal District Court against petitioners, the school district

6 and school officials, alleging that respondents' First Amendment rights were violated by the deletion from a certain issue of the paper of two pages that included an article describing school students' experiences with pregnancy and another article discussing the impact of divorce on students at the school. The newspaper was written and edited by a journalism class, as part of the school's curriculum. Pursuant to the school's practice, the teacher in charge of the paper submitted page proofs to the school's principal, who objected to the pregnancy story because the pregnant students, although not named, might be identified from the text, and because he believed that the article's references to sexual activity and birth control were inappropriate for some of the younger students. The principal objected to the divorce article because the page proofs he was furnished identified by name (deleted by the teacher from the final version) a student who complained of her father's conduct, and the principal believed that the student's parents should have been given an opportunity to respond to the remarks or to consent to their publication. Believing that there was no time to make necessary changes in the articles if the paper was to be issued before the end of the school year, the principal directed that the pages on which they appeared be withheld from publication even though other, unobjectionable articles were included on such pages. The Court held that the Principal had acted appropriately. School sponsored activities (newspapers and yearbooks) are not protected under the 1 st Amendment. 27. Lemon v. Kurtzman, (1971) (see Lemon Test) see Lemon Test) Case involved state aid to parochial schools. Text books, school supplies, and parts of teaching salaries were being provided by the state of Rhode Island to religious based schools. The court determined unanimously that the aid was unconstitutional unless it passed the Lemon Test. This three-pronged test required the aid to, (1) have a secular purpose, (2) neither advance nor inhibit religion, and (3) not foster excessive government entanglement in religion. 28. Loving v Virginia, (1967) The Lovings were an interracial couple who were lawfully married in the District of Columbia. They then moved to Virginia. Virginia did not recognize marriages between people of different races, and also provided criminal penalties for such marriages. The U.S. Supreme Court invalidated the Virginia state law. 29. Minersville School District v. Gobitis, (1910) Two young Jehovah s Witness school children were suspended from school for refusing to salute the American flag. As, a result the family had to pay for them to go to private school. The children s parents claimed that due process rights had been violated by the school district. In an 8-1 decision, the Court ruled that the school district's interest in creating a sense of national unity was sufficient to allow them to require students to salute the flag. 30. Mapp v Ohio, (1961) --The Court held that evidence obtained in violation of the Fourth Amendment's ban on unreasonable searches and seizures would be excluded from trial --exclusionary rule 31. Marbury v Madison --The Court held that evidence obtained in violation of the Fourth Amendment's ban on unreasonable searches and seizures would be excluded from trial --exclusionary rule 32. McCulloch v Maryland, (1819) --This was the first and most important case favoring national control of the economy over state control. In his ruling, John Marshall established the implied powers doctrine enabling Congress to use the necessary and proper clause of Article I, Section 8, to interpret its delegated powers. This case also concluded that, when state law and federal law were in conflict, national law took precedence. 33. Michael M v Superior Court, (1981) Seventeen-year-old Michael M was convicted of statutory rape of a woman under eighteen. Michael was held accountable for rape even though the woman was consenting. The court found that this was the right decision and stated that the man and only the man is liable for statutory rape. 34. Miller v. California, (1973) In this case, the Supreme Court established its three-part definition of obscenity. The definition is as follows: (1) The average person, applying contemporary community standards, must find that any work, taken as a

7 whole, appeals to prurient interests, (2) If that work depicts or describes, in a patently offensive way, sexual conduct as defined by state law it is unlawful; and (3) The work must lack, taken as a whole, serious literary, artistic, political, or scientific value to be considered obscene. The Court ruled that community standards and state statutes that describe sexual depictions being suppressed could be used to prosecute Miller. He was operating one of the largest West Coast mail order businesses dealing in sexually explicit materials. 35. Miranda v. Arizona, (1966) -- The Warren Court ruled that anyone place under arrest must be informed of the right to remain silent and to have counsel present during interrogation In each of these cases, the defendant, while in police custody, was questioned by police officers, detectives, or a prosecuting attorney in a room in which he was cut off from the outside world. None of the defendants was given a full and effective warning of his rights at the outset of the interrogation process. The Court held that the privilege against selfincrimination the person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him. 36. Missouri Ex real Gaines v. Canada, (1938) The State of Missouri provides separate schools and universities for whites and negroes. At the state university, attended by whites, there is a course in law; at the Lincoln University, attended by negroes, there is as yet none, but it is the duty of the curators of that institution to establish one there whenever in their opinion this shall be necessary and practicable, and pending such development, they are authorized to arrange for legal education of Missouri negroes, and to pay the tuition charges therefor, at law schools in adjacent States where negroes are accepted and where the training is equal to that obtainable at the Missouri State University. The Court held that the action of the State in furnishing legal education within the State to whites while not furnishing legal education within the State to negroes was a discrimination repugnant to the Fourteenth Amendment New York v Ferber, (1982) -- A New York State law prohibits the sale promoting the sale of a sexual performance of a child under the age of 16 (Child Pornography). Leber claimed that prohibiting the sales of Child Porn was against his 1 st Amendment rights, after he was arrested for doing so. The US Supreme Court ruled that states are entitled to regulation of pornographic depictions of children, and that the constitution s 1 st Amendment does not, in fact, cover child porn. 38. New Jersey v. TLO, (1984) A 14-year old freshman girl was caught smoking in a prohibited area. She was taken to the principle where she denied smoking. Her purse was searched, and cigarettes were found as well as rolling papers commonly used for smoking marijuana. A deeper search revealed lots of marijuana and money as well as a list of students who owed her money. She was tried and convicted in a juvenile court. Was it illegal search and seizure? Ruling: Under the above standard, the search in this case was not unreasonable for Fourth Amendment purposes. First, the initial search for cigarettes was reasonable. The report to the Assistant Vice Principal that respondent had been smoking warranted a reasonable suspicion that she had cigarettes in her purse, and thus the search was justified despite the fact that the cigarettes, if found, would constitute "mere evidence" of a violation of the no-smoking rule. Second, the discovery of the rolling papers then gave rise to a reasonable suspicion that respondent was carrying marijuana as well as cigarettes in her purse, and this suspicion justified the further exploration that turned up more evidence of drug-related activities 39. New York Times v US, (1971) -- the pentagon papers case- Court refuses to impose a prior restraint on the publication of the papers even if publication would embarrass government, it would not endanger national security. In 1971 two men stole the Pentagon Papers, a 47-volume study on Vietnam Policy. These studies

8 were given to The Washington Post and The New York Times, which published daily articles with excerpts. The federal government filed a suit against them, and the case to the Supreme Court. The judges ruled in favor of the 1 st Amendment, stating that the national government must justify any abridgement of the newspaper s freedom of speech. Since national security was not threatened by the printing of the Pentagon Papers, the government s attempt to restrain and censor the papers was ruled unconstitutional. 40. Nix v. Williams, (1984) -- Robert Williams was arrested for the murder of a ten-year-old girl. He was never given his rights or allowed to speak with a council. The police forced him to give them the location of the girl s body, and he agreed. Williams was convicted, and the body was given as the main piece of evidence. William s attorney protested the use of the body claiming the police acted in bad faith, but the court disagreed, stating the police would have found the body because it was hidden within two miles of where the search parties were when the location was revealed. 41. Pierce v Society of Sisters, (1925) - The Society of Sisters challenged Oregon s education act, requiring the parent s of children must send their children to a public school between the ages of This interfered with the society s moral training to students according to the teachings of the Roman Catholic Church, and the withdraw cost the school a portion of its income. The courts instructed not to enforce the act because doing so would cause irreparable harm to schools operated by religious organizations. This decision allows parents to be the greatest influence of their child s upbringing. The courts decided that the act undermined and restricted guardian s authority. 42. Planned Parenthood v Casey, (1992) --Changed the assertion in Roe of a "fundamental right" to choose an abortion to a "limited or qualified" right subject to regulation by the states so long as the states do not impose an "undue burden" on women. Specifically the Court upheld parental notification and a 24-hour waiting period. 43. Plessy v Ferguson, (1896) --The Court, in the famous case, held that the Fourteenth Amendment s equal protection of the laws was not violated by racial discrimination as long as the separate facilities were equal. 44. Regents of University of California v Bakke, (1978) --This case addressed the issue of qualification versus minority preference. The Court held that universities could continue to take minority status in to consideration because a diverse student body contributing to a robust exchange of ideas is a constitutionally permissible goal on which a race-conscious university admissions program may be predicated 45. Roe v. Wade, (1973) -this is the famous case that rendered unconstitutional all state laws making abortion a crime, ruling that the states could not interfere in a woman's "right to privacy" and, her right to choose to terminate a pregnancy. 46. Roth v. U.S., (1957) (Roth-Miller test on obscenity) -- (Roth-Miller test on obscenity) Roth operated a bookselling business in NY and was convicted of mailing obscene material and books in violation of a federal obscenity statute. The main question in this case was whether the federal obscenity statue violates the provision of the first amendment (freedom of speech and press). Another question asked was if the statute violates due process since it was considered to vague to support the conviction for crime. He was convicted on 4 out of 26 indictments charging him with mailing obscene material, advertising, and an obscene book all in violation of the federal statute. 47. Shepard v. Maxwell, (1966) Shepard brutally murdered his wife, and the case got a lot of media attention. Due to all the media s coverage, Shepard felt that he received and unfair trial. The supreme court agreed with Shepard and granted him the writ of habeas corpus that he requested. 48. Swann v. Charlotte-Mecklenberg, (1971) --this case involved the most important judicial extension of civil rights in education since The court held that sate-imposed desegregation could be brought about by busing and under certain limited circumstances even racial quotas could be sued as the "starting point in shaping a remedy to correct past violation."

9 49. T.L.O. v. New Jersey After being caught smoking in the bathroom, a high school student s purse was searched without her consent, and cigarettes and other illegal substances were seized. The supreme court held that the evidence be withheld because the search and seizure was not reasonable. 50. Texas v Johnson, (1989) Johnson burned a flag in front of a building while protesting policies of the Reagan Administration. He was arrested under a Texas stature that made flag burning a crime. The supreme court said that Johnson in no way meant to disturb the peace, but to convey a message, which is protected under the first amendment. 51. Tinker v Des Moines, (1969) In Des Moines, Iowa, three public school students were suspended for wearing black arm bands to protest the Vietnam war. The district courts held that it was within the school board s power to suspend the students, but the supreme court said that their passive protest was with the rights of the constitution. 52. US v Nixon (1974) Burglars were caught trying to break into the Democratic campaign headquarters, and it was eventually found that Nixon may have been responsible for them. Nixon had a voice activated tape recorder in his Whitehouse office, and the judge wanted to obtain these tapes. The court ruled that Nixon had to turn over the tapes. 53. Thompson v. Oklahoma, (1988) When he was 15, Thompson brutally murdered his brother in law because he had been abusing his sister. He was tried as an adult, and sentenced to death, the case was appealed, and the Supreme court overturned the decision saying that killing a 15 year old was cruel and unusual punishment. 54. West Virginia Board of Educ. v. Barnette, (1943) Reversed the Gobitis decision and prohibited forcing of students to salute the flag and say the pledge if it interfered with their religious beliefs. 55. Wisconsin v Yoder, (1963) allowed the Amish to educate their own children beyond 8 th grade. Provided an exception to compulsory education on religious grounds (led to home schooling ruling)