Mapp V. Ohio was about how a lady named, Dollree Mapp was convicted for having obscene materials after a admittedly illegal police search of her home for a fugitive. She argued that it was constitutional and the first amendment gave her the right to possess that. Freedom of expression shouldn’t be have a price to pay. Mapp did win her case and with her case came the exclusionary…
When the privacy of students comes into question there are mixed responses, especially when it comes to the contents of a student’s bag. From the landmark supreme court case TLO v. New Jersey, the privacy students have in school has inevitably come into question. Whether TLO or New Jersey was right, this court case changed the way we look at students and their privacy. Some may argue that students have no privacy in school while others may think they have too much. Has the Supreme Court already decided where they stand on this hot button topic?…
As Chief of Police during and after the decision of Tennessee v Garner, I would implement stricter use of force policies holding each officer accountable and completing a thorough investigation into all excessive use of force and deadly force incidents. Additionally, a review and revision of officer training in the use of force and apprehension procedures would be required for each officer during annual training and new recruit training. Likewise, the implementation of procedures which require command staff to be aware of situations where officers who have had incidents of use of force and the monitoring of those officers to determine if there are outside factors which may contribute to the use of force exhibited in the performance of their…
In Young v. New York City Transit Authority, the courts used different tests and relevant precedents to determine if begging and panhandling should be protected under the freedom of speech doctrine. The two-prong test was developed by the Supreme Court in Spence v. Washington to determine if expressive conduct was protected as a form of speech under the First Amendment. “The first prong of the test requires a court to determine whether there exists an intent to convey a “particularized message.” The second prong requires a determination as to whether the likelihood is great that the message being conveyed will be understood by those who are exposed to it” (Zur, 1992).…
Texas vs. Johnson (An analysis of the supreme court case Texas vs. Johnson and the current repercussions of the decision) The first amendment protects many of our basic rights such as freedom of speech, freedom of religion, freedom of the press, etc. The framers of our constitution left a broad wording to leave room for our country to grow and change as time went on. One of the adjustments our country has made over time is to define the actions and words protected under the freedom of speech. There are three basic categories of free speech; pure speech, is communication only through words, speech plus is speech plus an aid such as a sign or a chant, and symbolic speech, an action that communicates meaning without the use of words.…
Marbury vs. Madison was an event held by the Supreme Court in 1803. The event established the principle that the judicial branch of the Constitution may declare any law unconstitutional. Soon after the Constitution was ratified the judges of the Supreme Court were not very powerful and had little impact in interpreting the meaning of the law. In November of 1800, John Adams, a member of the Federalist Party, lost a bidding for the reelection of Thomas Jefferson, a Republican, as the president of the United States.…
The 1st Amendment guarantees freedom of speech. The Court, in Tinker v. Des Moines, 1969, made clear that "students do not abandon their Constitutional rights at the schoolhouse gate. " Common speech forms are changing, and school authorities are often a generation or two behind these changes. Schools are also entitled to their own rights for example gun free zones despite the second amendment.…
He believed that he had the right to do promote revolution, because of his freedom of speech in the 1st Amendment. The state of New York believed that since it was against their state statute, and that there was clear and present danger to society. Gitlow argued that since there was no action that happened after the Left-Wing Manifesto was published that it was not a danger to the public. This court case was decided by the Taft court when it went to the U.S. Supreme Court (Chicago-Kent College of Law, 2015). Selective incorporation applies the Bill of Rights to the states (Cornell University Law School,…
In a 1919 Supreme Court case, the Supreme Court ruled that Charles Schenck committed crimes against the United States. In a 9-0 vote, they ruled that he violated the “Espionage Act. ”1 The Espionage Act forbade anything that could reduce morale or interfere with the draft. The researcher believes that although the Supreme Court violated the Espionage Act, the Supreme Court made the correct decision.…
Geographic Location The College of New Jersey is located in the Ewing Township, a suburb of Trenton, New Jersey. The neighborhoods can be traced back as far as the 1500’s by the Lenape tribe and was first settled by Europeans in the early 17th century by William Green, whose farmhouse is part of the college campus. TCNJ is home to over 289 colonial acres, which includes attractions, such as The Benjamin Temple House and Mountain View Golf Course. The surrounding Ewing has direct access to Interstate 95, US Route 206, and Route 29, to connect people to Philadelphia, Princeton, and Frenchtown, respectively. Academic Requirements…
During December 1965, a group of students at Warren Harding Junior High School in Des Moines School District gathered in the home of 16-year-old Christopher Eckhardt to plan a public display of their support for a truce in the Vietnam war. During this time, nearly 60,000 people had died as a result of the Vietnam war. As a group, the students decided to wear black armbands on December 16 and again on New Year's Eve. The principal of the Des Moines school learned of the plan and met with other leaders of the school on December 14 to stop this protest before it started. The school created a policy that stated that any student wearing an armband would be asked to remove it and if the students refused to remove it they would be suspended from school.…
What is Freedom of Speech? The Merriam-Webster dictionary define freedom of speech as “the right to express facts and opinions subject only to reasonable limitations (as the power of the government to protect itself from a clear and present danger) guaranteed by the 1st and 14th amendments to the U.S. Constitution and similar provisions of some state constitutions”. Freedom of speech is ones right to say what you please without fear of being punished, is among one of the most treasured freedoms throughout America. The founders of the United States government tried to protect our liberty by assuring a free press, to gather and publish information without being under control or power of another, in the First Amendment to the Constitution. As we know, the Supreme Court plays an important role in the subject of free speech and expression, and we need to understand that…
The Amendments were introduced to the American Congress in 1789. They were created to protect the individuals of the United States. The Amendments are changes made to the Constitution by adding, altering, or omitting a certain part or term. The constitution has been amended twenty-seven times since 1788. The first ten amendments are called the Bills of Rights.…
The first amendment of the constitution is the right of free speech; throughout our history the first amendment has been interpreted in a number of ways. Despite this fact all Americans agree that this is one of our most important rights, and lays the foundation for our nations core beliefs. The first amendment is a short statement “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” (1) Though it holds a great deal of power, it upholds strong personal values, and sets a precedent for the future of our country.…
The First Amendment which gives people the right to speak their minds. In the text U.S. court rules a public school uniform requirement unconstitutional is about a school that now has to wear uniform with a motto that says "Tomorrow's Leader's’’ on the shirt and some parents feel offended by it. ‘’One parent objected to the uniforms and eventually sued. She contended that they violated the First Amendment’s guarantee of free speech, which allows people the freedom to speak their minds. It also ensures…