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Recommended: Freedom of Speech
Chaplinsky vs. New Hampshire, 11-2, Justice Crowther writing for the majority: I Justice Crowther believe Walter Chaplinsky’s rights were not violated as a United States citizen. The First Amendment states you have freedom of speech, but I believe that your freedom of speech does not protect hate speech. Although, he is not part of the government his freedom of speech should not be affecting other people freedom of religion. Santa Fe Independent School District vs. Jane Doe, 9-3, Justice Crowther writing for the dissent: I Justice Crowther believe Jane Doe’s rights were not violated as a United States citizen. The First Amendment states you have freedom of religion and Congress shall not make a law about religion or prevent you from practicing.
The school would say an optional nonsectarian prayer before a football game. The school was not trying to convert anyone nor were they trying to disclude anyone. The students could also just not believe anything that was said in the prayer and just move on.
In 1989, plaintiff Joseph Benning was cited for a violation of § 1256 for operating a motorcycle without wearing approved headgear in Caledonia County, Vermont. The statue states that “No person may operate or ride upon a motorcycle upon a highway unless he wears upon his head protective headgear reflectorized in part and of a type approved by the commissioner.1 The headgear shall be equipped with either a neck or chin strap.1” The County State’s Attorney dismissed the citation because he deemed the statue vague and unable to establish the elements necessary to prosecute the crime.1 However, the plaintiffs filed suit against the state, seeking to have § 1256 declared unconstitutional.
.... Madison was applied to this decision because the actions committed were unconstitutional. According to the Supreme Court the 8th Amendment was broken because the District Court of Appeal was giving a cruel and unusual punishment to Graham. The 8th amendment claus does not allow a juvenile offender to be sentenced to life in jail without a parole for a non-homicidal crime. Therefore Terrance could not fall through with this punishment.
This example of a Supreme Court case shows that the court is not above politics. Even though most Americans, including government officials, practiced some form of Christianity, the judges were not willing to compromise the information in the Constitution for the popular beliefs of individuals. I agree with the Supreme Court in its decision to ban the practice of prayer in public schools. Not only does it violate the Constitution, but it encroaches on our freedom of thought and action. Being excluded from a public classroom because of personal beliefs does not sound just.
Stuart v. Nappi was class lawsuit Stuart’s mother filed against school personnel and the Danbury Board of Education because she claimed that her daughter was not receiving the rights granted in the Individuals with Disabilities Act (IDEA). Kathy Stuart was a student at Danbury High School in Connecticut with serious emotional, behavior, and academic difficulties. She was suppose to be in special education classes, but for some reason she hardly ever attended them. Kathy was involved in a school-wide disturbance. As a result of her complicity in these disturbances, she received a ten-day disciplinary suspension and was scheduled to appear at a disciplinary hearing. The Superintendent of Danbury Schools recommended to the Danbury Board of Education
Separate but equal, judicial review, and the Miranda Rights are decisions made by the Supreme Court that have impacted the United States in history altering ways. Another notable decision was made in the Tinker v. Des Moines Case. Ultimately the Supreme Court decided that the students in the case should have their rights protected and that the school acted unconstitutionally. Justice Fortas delivered a compelling majority opinion. In the case of Tinker v Des Moines, the Supreme Court’s majority opinion was strongly supported with great reasoning but had weaknesses that could present future problems.
The evidence presented to myself and the other juror’s proves that Tyrone Washburn is guilty beyond a reasonable doubt of the murder of his wife, Elena Washburn. On March 12, 1979 Elena Washburn was strangled in the living room of her family’s home. Her body was then dragged to the garage, leaving a trail of blood from the living room to the place it was found. Her husband, Tyrone Washburn, found her in the family’s garage on March 13, 1979 at 1:45 A.M. When officer Dale Chambers arrived at the scene he found her lying face down in a pool of blood. The solid evidence in this case proves only one person, Tyrone Washburn, is guilty of murder.
Through using case laws, the First Amendment, and previous cases, Justice Abe Fortas explains the reasoning behind why the principal was not permissible. In the first two paragraphs, Fortas provides a brief summary stating how the policy banning armbands go against the First Amendment. In the following paragraph, Fortas says, “Only a few of the 18,00 students in the school system wore the black armbands.” When introducing his first argument, he supports this fact explaining how “the work of the schools or any class was [not] disrupted.” As for the fourth paragraph, Justice Fortas provides a counter argument with what the District Court said. The District Court concluded the school authorities were reasonable since it was based upon their fear o...
Ernesto Miranda grew up not finishing high school. He didn’t finish the 9th grade, and he decided to drop out of school during that year. He also had a criminal record and had pronounced sexual fantasies after dropping out of high school. Ernesto Miranda was arrested in Phoenix in 1963. He had raped an 18 yr. girl who was mildly mentally handicapped in March of 1963. He was charged with rape, kidnapping, and robbery. When he was found and arrested, and he was not told of his rights before interrogation. After two hours of interrogation, the cops and detectives had a written confession from Miranda that he did do the crimes that he was acquitted for. Miranda also had a history mental instability, and had no counsel at the time of the trial. The prosecution at the trial mainly used his confession as evidence. Miranda was convicted of both counts of rape and kidnapping. He was sentenced to 20-30 years in prison. He tried to appeal to the Supreme Court in
Justice Jackson's disagreement on the ruling of the Terminiello case is supported by many historical examples which demonstrate that freedom of speech is not an absolute right under the law. Although Terminiello had a right to exercise his right under the First Amendment, had the majority carefully considered this principle it should have rejected his claim. In this case, the majority's treatment of Terminiello's case skirted the real issue and did not benefit from true constitutional interpretation.
Racism Speech by Charles R. Lawrence In the following essay, Charles R. Lawrence encompasses a number of reasons why racist speech should not be protected by the First Amendment. In this document, he exhibits his views on the subject and how he feels the society should confront these problems. In this well- written article, he provides strong evidence to prove his point and to allow the reader to see all aspects of the issue. On Racist Speech Charles Lawrence has been active in his use of the First Amendment rights since he was a young boy.
It was irrational for these students to be suspended from the school. The high school students named John F. Tinker, who was fifteen-years-old, John’s younger sister Mary Beth Tinker, who was thirteen-years-old, and their friend Christopher Eckhardt, who was sixteen years old, should not have been suspended. They were under the protection of the First Amendment. The parents of those students sued the school district for violating the students’ right of expressions and sought an injunction to prevent the school from decupling the students. The Supreme Court of the United Sates stepped in and the question of law was if. They ruled in the favor of the Tinker’s because it was in a seven to two decision "Tinker V. Des Moines Independent Community School District."
“The 1962 Engel v. Vitale ruling spurred much dissent, as seen in this image of Texas high school students beginning the day in prayer two days after the Court's decision.”
Feingold, Stanley. "Hate Crime Legislation Muzzles Free Speech." The National Law Journal 15 (July 1, 1993): 6, 16
Challenges to hate crime laws have been based on the First Amendment of the Constitution the right to free speech. The first major Supreme Court ruling on this issue was R. A. V. v. City...
Throughout the twentieth century, the United States Supreme Court has protected students’ rights to practice their religious beliefs, so long as they are not “disruptive, discriminatory, or coercive to peers who may not share those same beliefs” (Education Weekly, 2003, para. 3). In 1943, the Supreme Court ruling in West Virginia State Board of Education v. Barnette stated that students could not be “forced to salute the flag or say the pledge of allegiance if it violates the individual’s conscience” (First Amendment Cyber Tribune, 2002). The 1963 decision in Engel v. Vitale made school prayer unconstitutional, and similarly found school prayer at graduation ceremonies in its 1992 Lee v. Weisman decision (First Amendment Cyber Tribune, 2002). Student-led prayer at public school football games was found unconstitutional in 2000 with the Santa Fe Independent School District v. Doe (First Amendment C...