At a school assembly of approximately 600 high school students, Matthew Fraser made a speech nominating a fellow student for elective office. In his speech, Fraser used what some observers believed was a graphic sexual metaphor to promote the candidacy of his friend. As part of its disciplinary code, Bethel High School enforced a rule prohibiting conduct which "substantially interferes with the educational purpose . . . including the use of obscene, profane language or gestures." Fraser was suspended from school for two days.
the question was... did the First Amendment prevent a school district from disciplining a high school student for giving a dirty speech at a high school assembly? No. Because the Court found that it was appropriate for the school to prohibit the use of vulgar and offensive language. Chief Justice Burger compared between political speech which the Court previously had protected in Tinker v. Des Moines Independent Community School District (1969) and the supposed sexual content of Fraser's message at the assembly. Burger concluded that the First Amendment did not prohibit schools from prohibiting vulgar and dirty speech since such discourse was not consisting with the "fundamental values of public school education."
Monday, July 19, 2010
Sunday, July 18, 2010
A jury found Gregg guilty of armed robbery and murder and sentenced him to death. On appeal, the Georgia Supreme Court affirmed the death sentence except as to its extra trouble for the robbery conviction. Gregg challenged his remaining death sentence for murder, claiming that his capital sentence was a "cruel and unusual" punishment that violated the Eighth and Fourteenth Amendments.
In a 7-to-2 decision, the Court held that a punishment of death did not violate the Eighth and Fourteenth Amendments under all circumstances. In extreme criminal cases, such as when a defendant has been convicted of deliberately killing another For this reason death Penalty is allowed
In a 7-to-2 decision, the Court held that a punishment of death did not violate the Eighth and Fourteenth Amendments under all circumstances. In extreme criminal cases, such as when a defendant has been convicted of deliberately killing another For this reason death Penalty is allowed
New Jersey V TLO
T.L.O. was a fourteen-year-old; she was accused of smoking in the girls' bathroom of her high school. A principal at the school questioned her and searched her purse,in her a bag they found marijuana and other drug paraphernalia.
The Supreme Court of the United States, in a 6-3 decision issued by Justice White, ruled that the search and seizure by school officials without a warrant was okay as long as the search was opininoned reasonable given the circumstances. The Court reaffirmed that there is a balancing between the individual's—even a child's—legitimate expectation of privacy and the school's interest in maintaining order and discipline. therefore, school officials do not need a warrant to search the belongings of students, but they do require a "reasonable suspicion".
The Supreme Court of the United States, in a 6-3 decision issued by Justice White, ruled that the search and seizure by school officials without a warrant was okay as long as the search was opininoned reasonable given the circumstances. The Court reaffirmed that there is a balancing between the individual's—even a child's—legitimate expectation of privacy and the school's interest in maintaining order and discipline. therefore, school officials do not need a warrant to search the belongings of students, but they do require a "reasonable suspicion".
Friday, July 16, 2010
Engel V Vitale
The Board of Regents for the State of New York allowed a short, voluntary prayer for recitation at the start of each school day.The prayer read as follows: "Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country."
Neither the prayer's nondenominational character nor its voluntary character saves it from unconstitutionality. By providing the prayer, New York officially approved religion. This was the first in a series of cases in which the Court used the establishment clause to religioious take out of activities of all sorts, which had traditionally been a part of public ceremonies. even though time has passed, the decision is still unpopular in most of Americans.
Neither the prayer's nondenominational character nor its voluntary character saves it from unconstitutionality. By providing the prayer, New York officially approved religion. This was the first in a series of cases in which the Court used the establishment clause to religioious take out of activities of all sorts, which had traditionally been a part of public ceremonies. even though time has passed, the decision is still unpopular in most of Americans.
California V Greenwood
Local police suspected Billy Greenwood was dealing drugs from his residence. Because the police did not have enough evidence for a warrant to search his home, they searched the garbage bags Greenwood had left at the curb for pickup. The police uncovered evidence of drug use, which was then used to obtain a warrant to search the house. That search turned up illegal substances, and Greenwood was arrested on felony charges.
Voting 6 to 2, the Court held that garbage placed at the curbside is unprotected by the Fourth Amendment. The Court argued that there was no reasonable expectation of privacy for trash on public streets "readily accessible to animals, children, scavengers, snoops, and other members of the public." The Court also noted that the police cannot be expected to ignore criminal activity that can be observed by "any member of the public." Now the police is allowed to search your garbage thats outside your curb without a warrant
Voting 6 to 2, the Court held that garbage placed at the curbside is unprotected by the Fourth Amendment. The Court argued that there was no reasonable expectation of privacy for trash on public streets "readily accessible to animals, children, scavengers, snoops, and other members of the public." The Court also noted that the police cannot be expected to ignore criminal activity that can be observed by "any member of the public." Now the police is allowed to search your garbage thats outside your curb without a warrant
J.L.V Florida
J.L.(15) was charged with carrying a concealed weapon without a license. At trial, he moved to suppress the gun as evidence, arguing that the search performed by the officers was illegal under the Fourth Amendment. The trial court granted the movement, but was reversed by the immediate court. The Florida Supreme Court took the case.
Today because of this ammendement. the police can not stop and search you with out a warrant to search even if some one tells on you they can not just see you and search they can only do a light cheack.
Today because of this ammendement. the police can not stop and search you with out a warrant to search even if some one tells on you they can not just see you and search they can only do a light cheack.
Texas V Johnson
In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag as a way of protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag desecration. He was sentenced to one year in jail and was given a $2,000 fine. After the Texas Court of Criminal Appeals reversed the conviction, the case went to the Supreme Court.
In a 5-to-4 decision, the Court held that Johnson's burning of a flag was protected expression under the First Amendment. The Court found that Johnson's actions fell into the category of expressive conduct and had a distinctively political way.so .now we can basically burn the flag in disagreement and no one can do anything about it
In a 5-to-4 decision, the Court held that Johnson's burning of a flag was protected expression under the First Amendment. The Court found that Johnson's actions fell into the category of expressive conduct and had a distinctively political way.so .now we can basically burn the flag in disagreement and no one can do anything about it
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