Explanation

of Major Court Cases & Applications to Bill of Rights

1. Tinker vs. Des Moines (1968)

Bill of Rights Amendment:

Amendment 1: Speech, Press, and Assembly

Summary:

High school students protested the Vietnam War by wearing black armbands to a public
school in Des Moines, Iowa. The principals of the school learned of the plan and decided to
create a policy that stated that any student wearing an armband would be asked to remove it,
with refusal to do so resulting in suspension. Students Mary Beth Tinker and Christopher
Eckhardt continued to wear armbands, and were sent home with a suspension.

The students, along with their parents, sued the school districts for violating the students right
of expression and to prevent the school district from disciplining the students. The district
court dismissed the case and held that the school districts actions were reasonable to uphold
school discipline. The U.S. Court of Appeals for the Eighth Circuit affirmed the decision without
opinion.


2.
New Jersey vs. TLO (1985)

Bill of Rights Amendment: Amendment 4: Search & Seizure

Summary: A New Jersey high school student was accused of violating school rules by smoking
in the bathroom, leading an assistant principal to search her purse for cigarettes. The vice
principal discovered marijuana and other items that implicated the student in dealing
marijuana. The student tried to have the evidence from her purse suppressed, contending that
mere possession of cigarettes was not a violation of school rules; therefore, a desire for
evidence of smoking in the restroom did not justify the search. The Supreme Court decided that
the search did not violate the Constitution and established more lenient standards for
reasonableness in school searches.


3.
Miranda vs. Arizona (1966):

Bill of Rights Amendment: Amendment 5: Rights in criminal cases; Amendment 6:
Right to the assistance of an attorney

Self-incrimination: Self-incrimination is making a statement that accuses oneself of a
criminal offense that may lead to criminal prosecution now or in the future. The 5th
amendment gives you the right to refuse to answer questions or make statements that are
self-incriminating.

Summary:

Ernesto Miranda was arrested after a crime victim identified him, but police officers
questioning him did not inform him of his Fifth Amendment right against self-incrimination, or
of his Sixth Amendment right to the assistance of an attorney. While he confessed to the crime,
his attorney later argued that his confession should have been excluded from trial. The
Supreme Court agreed, deciding that the police had not taken proper steps to inform Miranda
of his rights.