Case Study: Marshall

Based on SCOTUS presentation

New York Times Co. v. United States (1971)

• The Nixon administration sought to prevent publication of a classified report about the US's involvement in Vietnam, arguing it threatened national security. 

• The case centered on the First Amendment's guarantee of freedom of the press. 

• The Supreme Court ruled against the government, affirming that the papers could be published. 

Tinker v. Des Moines (1969)

• students in Iowa were suspended for wearing black armbands to school to protest the Vietnam War

• Court held that students' First Amendment rights to freedom of speech apply to public schools and that administrators can only restrict speech if it "materially and substantially interfere[s] with the operation of the school”

• the Supreme Court sided with the students, ruling that the school's suspension policy was unconstitutional. 

Texas v. Johnson (1989)

• a man burned an American flag as a form of protest against the Reagan administration. He was arrested and convicted under a Texas law that prohibited the desecration of a venerated object, including the flag

• case raised the question of whether burning the flag constituted expressive conduct protected by the First Amendment's guarantee of freedom of speech

• Court sided with the man; held that his actions were a form of symbolic speech and were protected by the First Amendment

Citizens United v. Federal Election Commission (2010)

• Supreme Court ruled that corporations and unions cannot be banned from making independent political expenditures, overturning previous rulings

• bans violated the First Amendment right to free speech

• Supreme Court sided with a non-profit organization that wanted to make a film critical of Hillary Clinton and run ads to promote it

Brandenburg v. Ohio (1969)

• a KKK leader, was convicted under Ohio's Criminal Syndicalism Statute for advocating violence and inciting hatred. He argued that the law violated his First Amendment right to free speech

• Supreme Court unanimously agreed with KKK member

Hazelwood School Dist. v. Kuhlmeier (1988)

• Supreme Court addressed the extent to which public school officials can censor student speech in school-sponsored publications

• ruled that school officials can exercise editorial control over school-sponsored student speech, as long as it is reasonably related to legitimate pedagogical concerns

Snyder v. Phelps (2011)

• Westboro Baptist Church picketing the funeral of a Marine Lance Corporal, where they displayed signs with messages like "God Hates Fags" and "Thank God for IEDs".

• Supreme Court ruled that the First Amendment protects speech on public issues, even if it is offensive, from liability for emotional distress

Bethel School Dist. v. Fraser (1986)

• a high school student, gave a sexually suggestive speech at a school assembly to encourage his classmates to vote for a candidate for student government. He was suspended and banned from speaking at graduation. 

• Court reasoned that his speech was not protected under the First Amendment because it was lewd and indecent, and the school had the authority to regulate such speech to maintain a positive learning environment. 

Employment Division v. Smith (1990)

• members of the Native American Church, were fired from their jobs at a drug rehabilitation clinic for using peyote in religious ceremonies. They applied for unemployment benefits, but Oregon denied them, citing work-related misconduct for using a controlled substance. 

• Supreme Court ruled that states can deny unemployment benefits to individuals fired for using drugs, even if the drug use was religiously motivated, as long as the law prohibiting the drug use is generally applicable and neutral in its application

Wisconsin v. Yoder (1972)

• Three Amish families were prosecuted in Wisconsin for violating the state's compulsory education law, which required children to attend public school until age 16. 

• Supreme Court held that Wisconsin's compulsory education law could not be enforced against Amish parents who refused to send their children to public school after the eighth grade, as required by their religious beliefs. The Court ruled that the state's interest in educating all children until age 16 was outweighed by the Amish parents' freedom to exercise their religion under the First Amendment. 

Burwell v. Hobby Lobby Stores, Inc. (2014)

• The Affordable Care Act required employers to provide health insurance coverage for contraceptives. 

• The Court found that the contraceptive mandate substantially burdened the religious beliefs of the Hobby Lobby owners. 

• Supreme Court ruled that closely held for-profit corporations could be exempt from the Affordable Care Act's mandate requiring coverage for contraceptives under certain circumstances

Lemon v. Kurtzman (1971)

• Supreme Court established a three-pronged test to determine if government actions violate the Establishment Clause of the First Amendment. This test, now known as the "Lemon Test", requires that a law have a secular legislative purpose, neither advance nor inhibit religion, and not create excessive government entanglement with religion.

• The Court found that the Pennsylvania and Rhode Island statutes violated the Lemon Test, as they resulted in excessive entanglement between the government and religious institutions. The state funding, the court determined, would require excessive government oversight to ensure it was not used for religious purposes. 

Engel v. Vitale (1962)

• A group of parents challenged the New York State Board of Regents' policy requiring public schools to start the day with a nondenominational prayer. 

• Supreme Court ruled that a New York State Board of Regents-composed prayer for public schools violated the Establishment Clause of the First Amendment. The court held that even though the prayer was voluntary and non-denominational, the state could not compose and encourage its recitation in public schools.

Kennedy v. Bremerton School District (2022)

• a high school football coach, was suspended and later not re-hired by the School for praying on the 50-yard line after games. The district argued that his prayer was a form of government-sponsored religion and violated the Establishment Clause of the First Amendment. 

• Supreme Court ruled that a high school football coach's post-game prayers on the field were protected by the First Amendment

Griswold v. Connecticut (1965)

• executive director of the Planned Parenthood League of Connecticut, and Dr. Buxton were arrested and convicted for providing contraceptive information and advice to married couples. 

• Supreme Court ruled that a Connecticut law banning contraceptives protected the right to marital privacy, a right implied by the Constitution. The case, argued before the Warren Court, centered on the state's ban on the use and provision of contraceptives, ultimately striking down the Connecticut law as unconstitutional. 

Roe v. Wade (1973)

• The case arose from a Texas law that criminalized abortions except to save the mother's life. 

• Supreme Court recognized a woman's constitutional right to an abortion, rooted in the right to privacy implied by the Fourteenth Amendment. The decision established a trimester framework, initially allowing states to regulate abortions during the second and third trimesters, but not to prohibit them in the first trimester. This framework was later refined by subsequent cases, with the Court emphasizing that the state's interest in protecting fetal life becomes compelling during the third trimester

Planned Parenthood v. Casey (1992)

• The Court reaffirmed that states cannot prohibit abortions before viability, which is the point when a fetus can survive outside the womb

• affirmed a woman's right to choose an abortion

Lawrence v. Texas (2003)

• two men were arrested and convicted under a Texas law that prohibited homosexual acts. 

• Supreme Court ruled that a Texas law criminalizing homosexual conduct was unconstitutional. The court held that this law violated the Due Process Clause of the Fourteenth Amendment, which guarantees a fundamental right to liberty, encompassing the right of consenting adults to engage in intimate conduct in the privacy of their homes

Dobbs v. Jackson Women’s Health Org. (2022)

• The case stemmed from a Mississippi law that prohibited abortions after 15 weeks of pregnancy, except in certain circumstances. 

• U.S. Supreme Court overturned Roe v. Wade and Planned Parenthood v. Casey, effectively ending the constitutional right to abortion. The Court ruled that the Fourteenth Amendment does not protect the right to an abortion, returning the regulation of abortion to individual states. 

Mapp v. Ohio (1961)

• a woman was convicted in Ohio for possessing obscene materials found during a search of her home without a warrant. 

• Supreme Court ruled that the Fourth Amendment's protection against unreasonable searches and seizures applies to the states, making illegally obtained evidence inadmissible in state court trials. This decision, also known as the exclusionary rule, significantly impacted criminal justice by requiring states to comply with the constitutional rights of individuals. 

Gideon v. Wainwright (1963) 

• a woman, charged with a felony in Florida, was denied a lawyer because Florida only provided counsel for indigent defendants in capital cases. 

• Supreme Court ruled that the Sixth Amendment's right to legal counsel applies to all criminal defendants, regardless of their ability to pay, and is made obligatory on the states through the Fourteenth Amendment

Miranda v. Arizona (1966) 

• The case involved a man, who was arrested for kidnapping and rape and subsequently confessed during interrogation without being informed of his rights. 

• Supreme Court ruled that law enforcement must inform individuals of their constitutional rights before interrogating them. Specifically, the Court established that suspects in police custody must be informed of their right to remain silent, their right to speak with an attorney, and their right to have an attorney appointed if they cannot afford one. If these rights are not properly communicated, any statements made by the suspect during interrogation cannot be used against them in court. 

Terry v. Ohio (1968)

• The case involved a Cleveland police officer, Officer McFadden, who stopped and frisked three men based on his suspicion that they were planning a robbery. He found weapons on two of them, leading to their arrests. 

• Supreme Court ruled that police can stop and frisk a person without a warrant if they have reasonable suspicion that the person is involved in criminal activity and may be armed

New Jersey v. T.L.O. (1985)

• A school official searched a student's purse after she was accused of smoking in the restroom. The search revealed cigarettes, marijuana, and other paraphernalia

• Supreme Court ruled that school officials can search students without a warrant or probable cause, but the search must be reasonable under the circumstances. The Court recognized that students have a legitimate expectation of privacy at school, but this right is balanced against the need for school authorities to maintain order and discipline. 

Roper v. Simmons (2005) 

• The case stemmed from a man, who was sentenced to death for a murder committed when he was 17. 

• Supreme Court ruled that executing individuals for crimes committed while under the age of 18 constitutes cruel and unusual punishment, violating the Eighth Amendment of the Constitution. This decision effectively banned the death penalty for juvenile offenders.