The Morse V. Frederick case was started on January 24, 2002 when the student Joseph Frederick made a controversial banner that said “Bong Hits 4 Jesus”. Frederick’s banner was promoting the use of illegal drugs. The people involved were Joseph Frederick who was a senior at Juneau Douglas High School and Deborah Morse who was the school principal. Frederick refused to take down his banner which caused the questioning of his First Amendment Rights. A case that the Court of Appeals cited was the Tinker v. Des Moines. The issue was, “Should a principal restrict student speech at a public school event when that speech can reasonably be viewed as promoting illegal drug use?”, they said yes it’s conservative. Justice said that the 1st Amendment rights
Fraser because both involve students’ First Amendment Rights. However, in Bethel School District v. Fraser, the Supreme Court ruled that Fraser’s school suspension was appropriate and nondiscriminatory because while the First Amendment guarantees free speech, Fraser imprudently and vulgarly spoke at a school assembly (Walsh, 2018). The Supreme Court determined, the role of schools is to teach socially appropriate behavior and speech. It is within the school’s sole discretion whether and how to punish such speech (Decker, 2014). This decision contradicted the political speech, which the Court had protected in Tinker v. Des Moines Independent Community School District in 1969.
Case Citation: DICKENS BY DICKENS v. JOHNSON COUNTY BD. OF EDUC. NO. CIV-2-86-91. 1.Facts:
This case Tinker v. Des Moines Schools was a very interesting case argued in 1968. A lawsuit was filed against the school after three students, Two of which in high school and one in middle school were suspended from school. The school suspended the students for wearing black armbands protesting the Vietnam war. Two other students wore armbands, but were in elementary school and weren't suspended. The students were fifteen year old John Tinker, sixteen year old Christopher Eckhardt, and thirteen year old Mary Beth Tinker.
In the “Bethel School District v. Fraser” case, Fraser believed that the school violated his first amendment “freedom of speech” rights. Fraser gave a speech with some inappropriate content in it and the school gave him a three day suspension because two teachers warned him before he gave the speech. Fraser took it to court and the justices said they would shorten the suspension and let him have his right to speak at graduation because the school was taking away his freedom of speech.
They ruled that the 1st amendment did not guarantee ultimate freedom of speech and anyone violating the government could be overthrown by the state. The historical impact that the case was made mostly from Justice Brandeis, who stated that immediate serious and evil threats should be the only ones that are taken seriously enough to strip away someone’s granted rights. Brandeis’s opinion was put to use in 1969 when the case of Brandenburg v. Ohio, which is when the court overruled the decision. Yes, there are laws to help protect the natural-born citizens of this country, but if they can be taken and maneuvered to make sure the courts get what they want, why have
5 This case held a major impact on today’s society. It has made the Court system and the government change the way they see religious liberties. The Green family is now able to run their business exactly how they wanted to in the beginning, without government interference. I would have to say that I do agree with the court ruling.
In my first case, I will analyze the Court’s decision in District of Columbia v. Heller. In this case, in a 5-4 decision, the Court overrules its decision in United States v. Miller, in which, it stated that the Second Amendment only protects the right to keep and bear arms in relation with service in a well-regulated, government sponsored militia. In the majority opinion of Heller, Scalia divides the Second Amendment into two parts: the prefatory clause and the operative clause. The prefatory clause is the first half of the Second Amendment, it reads: “A well-regulated Militia, being necessary to the security of a free State,” while the operative clause is the second half of the Amendment: “the right of the people to keep and bear Arms, shall
I believe this case applies to the Criminal Justice Field because with all the protests and things being said it’s hard to really know when is the breaking point or the point where you take action. For example, if someone tweets “I hate all lunch ladies” and then decides to burn a lunch lady hat, is that person still protected under the first amendment? It’s ultimately a hard question to answer when you are stuck between what is right and what is wrong. Chief Justice Warren said, “We cannot accept the view that an apparently limitless variety of conduct can be labeled "speech" whenever the person engaging in the conduct intends thereby to express an idea” which I agree with today, in the justice field, we see quite a few cops being threatened but you cannot just shoot a cop and yell I did it to express my first amendment rights. Without this case, the criminal justice field would not have a diverse way of amending certain situation involving the first amendment also we would not have the O’Brien test.
The issue in this case was whether school-sponsored nondenominational prayer in public schools violates the Establishment clause of the first amendment (Facts and Case Summary - Engel v. Vitale, n.d.). This case dealt with a New York state law that had required public schools to open each day with the Pledge of Allegiance and a nondenominational prayer in which the students recognized their dependence upon God (Facts and Case Summary - Engel v. Vitale, n.d.). This law had also allowed students to absent themselves from this activity if they found that it was objectionable. There was a parent that sued the school on behalf of their child. Their argument was that the law violated the Establishment Clause of the First Amendment, as made applicable
The principal found two article that he thought were inappropriate and said couldn't be published. Kuhlmeier and her classmates were outraged and brought this case to Supreme Court. Opinion: The lower courts said denying the students from publishing the article goes against the first amendment, no matter how appropriate it is. After this case went the the Supreme Court the lower courts decision was overturned. The Supreme Court's decision came out to be 5 to 3 in favor of Hazelwood School District.
“We know the wealthy extremists who pushed this case want to limit the ability for workers to have a voice, curb voting rights and restrict opportunities for women and immigrants,” said Mary Kay Henry, president of the Service Employees International Union. The case was brought by the Center for Individual Rights, a libertarian group that pursued an unusual litigation strategy. Responding to signals from the Supreme Court’s more conservative justices, the group asked the lower courts to rule against its clients, a Christian education group and the teachers, so they could file an appeal in the Supreme Court as soon as possible. Terry Pell, the group’s president, said he was disappointed with Tuesday’s tie vote. “With the death of Justice
In distinguishing between "curriculum" and "non-curriculum student groups," the Court stated that since Westside permitted other noncurricular clubs, it was prohibited under the Equal Access Act from denying equal access to any after-school club based on the content of its speech. It was constitutional because it served an overriding purpose by prohibiting discrimination. I, personally believe that If the supreme court did nothing about this issue, it would lead to even bigger controversy being that a certain group was denied its rights as Americans to have A) Their freedom of speech, B) their right to for a non-curriculum club, and C)
The plaintiff’s argument was that the student’s suspension was unconstitutional and the confederate flag is a part of his heritage. The district court ruled the school’s dress code policy unconstitutionally
This case highlighted the First Amendment condemning any limit on free speech. However, during the case proceeding, the Court had dissents for deciding when the government may restrict the First Amendment. The case spread the fact that
Washington v. Glucksberg Price, 5 Washington v. Glucksberg: Right to Privacy Roseanna Price Liberty High School AP Government: 4A Washington v. Glucksberg (1997) was a controversial case dealing with physician assisted suicide (IIT Chicago- Kent College of Law, 2015). Physician assisted suicide is a competent decision by the patient to have their doctor prescribe them drugs to give themselves to eradicate themselves (Materstvedt, 2003). Washington law states that anyone who knowingly cause or helps in another person attempting suicide is guilty of promoting suicide, i.e physician assisted suicide.