The sixth amendment essentially states that the accused enjoys the right to a speedy and public committee as well as formal informant of the crime committed (class notes). In order for the school to follow the constitution, they needed to inform the suspended student prior to the suspension and state the grounds of the suspension. However, the public school officials making this an unjust suspension did not provide that right. The farmers of the Constitution feared that the American government would abuse their power similar to governments they dealt with in their past. With this in mind, the farmers of the Constitution created unalienable rights for all American citizens to protect us.
(2) Background Information As well as the lawsuit filed by Alton Lemon, this incident involved two other cases that fell under the same issue, Earley v. DiCenso and Robinson v. DisCenso. Both conflicts involved a state law passed, through the Non- public Elementary and Secondary Education Act of 1968, by the state of Pennsylvania and Rhode Island. This act gave the government permission to fund religious based or parochial schools. Although the schools provided textbooks and instructional materials for secular subjects, a Pennsylvania instructor believed that this act violated the Establishment Clause of the First Amendment, “Congress shall make no law respecting an establishment of religion” Lemon argued that that by providing this money
To begin looking at Leser v. Garnett, it is important to look at each contention individually, and the arguments against it (as, during each objection, the Supreme Court unanimously against it). As discussed in the Yale Law Journal, “The first contention, that “so great an addition to the electorate, if made without the state’s consent, destroys its autonomy as a political body” and thus deprives the state of equal representation in the Senate.” In a unanimous decision, the Supreme Court voted against the objection, referencing the 15th amendment. While the 15th amendment was not “adopted in accordance with law,” it was accepted with reluctance, but no protesting. The Yale Law Journal notes, “The second contention, that the state Constitutions of Tennessee and Missouri contain provisions limiting the power of the legislature to ratify.” which, was again unanimously voted against in noting Article V of the United States Constitutions discussion of the function of the state
Bethel School District will introduce a last recourse before the United States Supreme Court and have the Supreme Court justices delivered a controversial opinion about the exercise of the freedom of expression within American schools. Mainly, as noted before, the Bethel School District v Fraser case was related the right of freedom of expression as guaranteed by the First Amendment to the US Constitution, in its exercise and its limitation within the school boundaries. On July 1986, by a majority vote of 7 against 2, the United States Supreme Court delivered a determinant opinion that will put a limitation on the exercise of the freedom of speech at school. In that opinion, Chief Justice Warren Burger set up a new rule opening the door for a legal limitation of the freedom of speech at school. Even though the Supreme Court recognized the validity of the Tinker v. Des Moines Independent Community District School’ ruling, however; the justices decided to draw a clear line between the minors and the adults concerning the full exercise of the right of freedom of expression.
In 1967, William Baird was arrested after giving away vaginal foam to a 19 year old woman following a lecture at Boston University about contraceptives and over-population. At the time, in Massachusetts, it was felony offense to disburse birth control methods to unmarried men or women. Eventually, Eisenstadt v. Baird was heard in the United States Supreme Court in 1972. In a 6-to-1 judgement, the Court ruled against the Massachusetts statute, but it was not in aggreeance with the due process of Griswold v. Connecticut, instead it was the Equal Protection Clause that was the deciding factor as reported by Justice William J. Brennan. He wrote, “If the right of privacy means anything, it is the right of the individual, married or single,
Anne Neal, the president and co-founder of the American Council of Trustees and Alumni, brought up many great points in her speech on academic freedom. If we do not begin to allow the proper learning and teaching techniques, our society will begin to suffer. Academic freedom is in the decline in today’s society and Anne Neal wants to make a difference. Recently speakers have been backing out of their speeches because of student protests. Campuses are giving speakers speech codes with extremely broad rules.
Our right to freedom of speech and freedom of the press is hindered within our school systems. If your opinion offends someone than you are given consequences for speaking your mind. That doesn’t sounds like our first amendment is being upheld to me. In the court case Morse v. Frederick it was stated that “Principal Deborah Morse took away the banner [Bong Hit 4 Jesus] and suspended Frederick for ten days.” The court had ruled in the favor of Morse and one of the reasons behind their decision was because she qualified for immunity from the lawsuit. “.
The government is constantly attempting to take total control over society and its citizens, by regulating what is available, what can and cannot be done, and more. In America, it is believed that the citizens ' First Amendment right to freedom of religion, assembly, press, petition, and speech protects them from being able to be censored by the government and other figures with authority, but that is incorrect. The federal government has censored press on various occasions throughout history, contemporary censorship is practiced in non-governmental organizations and corporations, and in schools, as well as public libraries, books are continuously challenged in hopes of them being removed or banned. Censorship, and the government taking total control of what readers can and cannot read is a danger to society because censorship places limitations on the knowledge and creativity of citizens, hinders their right to freedom of expression, and shelters citizens from the harsh realities that are present in today 's world. Censorship places limitations on the knowledge and creativity of citizens.
The First Amendment to the United States Constitution states “Congress shall make no law…abridging the freedom of speech”. Some people in today’s time would argue the first amendment is one of the most important listed in the Bill of Rights. Many forms of speech are protected by the first amendment that one wouldn’t think would be such as flag burning and “adult videos”. Over the years there have been many different court cases that have debated and fought the forms of speech that are protected. Many people in society treat speech differently and this is given in the United States because there are such diverse groups throughout the nation.
Des Moines case has been used in many school free speech court cases. The First Amendment says, “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.” This allows Americans to believe whatever they want and protects the during peaceful gatherings to speech about politics. Although schools have evolved a lot since when the Bill of writes was written; something that is similar is the students that go through the school. Children will always be children and some will push the envelope more than others. An example of this is the Morse v. Frederick case.