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Constitutional Rights: Protections and Limitations Essential Questions: Does the government adequately protect individual rights? Why or why not? Is the government ever justified in limiting civil liberties? Why or why not? How have amendments to the Constitution and Supreme Court decisions changed the relationship between the government, rights, and citizens? Our Constitutional rights have been interpreted differently overtime. Remember, the Legislative branch created the Constitution and all of the Constitutional Amendments, but it is up to the Judicial branch to interpret what each of the amendments really mean. For example, do we always have the right to free speech? What if we are lying, or what if we are saying things that hurt others? Throughout the history of the United States, the federal courts have tried to answer questions like these. Their decisions in important cases have both protected and limited our Constitutional rights. Protecting our Constitutional Rights Name of Case Texas v. Johnson Description During a protest, a man burned an American flag. He was arrested for doing so. He argued that he could burn the flag because by doing so, he was only voicing his opinion, while is legal under the 1st amendment. The US Supreme Court agreed. Right Protected? Freedom of speech Amendment 1st Protecting our Constitutional Rights Name of Case Tinker v. Des Moines Description Rights Protected? Three students wore black armbands to school to protest the Vietnam war. They were suspended. The students won the case because they were using symbolic speech, which should not be limited if it does not cause a riot/distraction. Freedom of speech (symbolic) Amendment 1st Protecting our Constitutional Rights Name of Case Engel v. Vitale Description A group of Jewish students were forced to say a Christian prayer at the beginning of the school day. They sued the school system because the government can’t force people to pray. Rights Protected? Freedom of Religion Amendment 1st Protecting our Constitutional Rights Name of Case Miranda v. Arizona Description Rights Protected? A man was arrested and was not made aware that he was allowed to plead the fifth to avoid selfincrimination, nor was he told that he could have a lawyer. His confession could not be submitted as evidence in court because he had not been informed of his rights. Right to be informed of charges against you; right to attorney; freedom from selfincrimination Amendment 5th and 6th Protecting our Constitutional Rights Name of Case Gideon v. Wainwright Description Rights Protected? A man was arrested, put on trial, and found guilty. He was never given the chance to have a court appointed lawyer so he had to defend himself. He appealed his case, and the Supreme Court said he should have been given a lawyer, so the conviction was overturned. Right to an attorney Amendment 6th Protecting our Constitutional Rights Name of Case Mapp v. Ohio Description Rights Protected? Police forcibly entered a home where they suspected that a criminal was hiding. They tied up the homeowner while they completed a search of the home. The police found illegal materials in the home and arrested the homeowner. The Supreme Court reviewed the case and said that evidence obtained illegally (without a warrant) cannot be used in court as evidence. Freedom from Unreasonable Search and Seizure Amendment 4th Protecting our Constitutional Rights Name of Case Description Rights Protected? Amendment? Furman v. Georgia The state of GA was using the death penalty disproportionately against African Americans, so the Supreme Court said that the practice was unconstitutional Freedom from cruel and unusual punishment 8th Gregg v. Georgia The Supreme Court said that GA CAN use the death penalty as long as they are fair. Freedom from cruel and unusual punishment 8th Limiting our Constitutional Rights Name of Case Hazelwood v. Kuhlmeier Description A school’s newspaper was being censored by their principal, so they sued him under their freedom of the press. The Supreme Court said that school newspapers can be censored, so they do NOT have freedom of the press. Rights Limited? Freedom of Press Amendment 1st Limiting our Constitutional Rights Name of Case Bethel v. Fraser Description A student gave an inappropriate speech in front of his entire school and was suspended. He sued his school system because he said they violated his freedom of speech. The Supreme Court said that students do not have freedom of speech in schools, so his suspension was upheld. Rights Limited? Free speech Amendment 1st Limiting our Constitutional Rights Name of Case New Jersey v. TLO Description Two students were caught smoking at school and searched. One student was found to not only have cigarettes, but also drugs and evidence that she was also selling those drugs at school. She was arrested and found guilty. She said she should not have been searched because the school principal’s did not have a warrant or probable cause (a good reason) to search her. The Supreme Court disagreed – they said that at school, you can be searched with only “reasonable suspicion”, instead of “probable cause” Rights Limited? Protection from unreasonable search and seizure Amendment 4th