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Importance of first amendment rights
Importance of first amendment rights
Importance of first amendment rights
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: Joseph Frederick a high school student filed suit in District Court under 42 U.S.C. §1983, alleging violation of his First Amendment rights by the school board and Deborah Morse, the principal of his high school. The District Court granted summary judgment for the school board and Morse. Frederick appealed to the Ninth Circuit and the District Court’s decision was reversed. Morse appealed and Certiorari was granted. Facts: On January 24, 2002 the Olympic Torch Relay passed through Juneau, Alaska while school was in session.
Korematsu v. United States was a controversial landmark decision ruling by the United States Supreme court. Fred Korematsu was a Japanese-American living in California, he was ordered to refuse to leave his city after the Japanese internment camp. After the World War II, President Franklin D. Roosevelt issued the Executive Order 9066 and Congressional decree gave the military power to exclude citizens of Japanese descent from areas deemed critical to national defense and may be vulnerable to espionage. On May 3, 1942, Fred Korematsu stayed in California and violated the US Army Civilian Executive Order No. 34. This supreme court case has an importance of interpreting the constitution and the different perspective of interpreting the constitution based on a person’s own political background and beliefs.
The Goss vs. Lopez case was argued to the Supreme Court in October, 6, 1974. Nine students, including Dwight Lopez were suspended for misconduct and the destruction of school property. The students reportedly obstructed the learning environment of other students. The students felt that the suspension against them was unconstitutional. Among the ten students, Dwight Lopez argued that the suspension was an act of violation of the fourteenth amendment.
Opinion of the Court, Supreme Court of The United States (2003)
"The question here is whether a Chinese citizen of the United Stаtes is denied equal protection of the lаws when he is clаssed аmong the colored rаces and furnished fаcilities for education equаl to thаt offered to аll, whether whitе, brown, yеllow, or black. Wеre this a nеw quеstion, it would call for very full argumеnt and considеration, but we think that it is the sаme quеstion which has bеen many timеs decidеd to be within the constitutional powеr of the stаte Legislature to sеttle, without intervеntion of the fedеral courts undеr the fedеral Constitution." The Court аligned this case under the lаnguage of Plessy v. Ferguson, which it sаid involved the "more difficult question" of segregаtion on railway carriers. In Plessy, the Court had listed many cases from state courts, upholding the prаctice of segregаting schools.
Petitioner, Triniti T. (“Student” or “Petitioner”) filed her initial request for due process hearing (“Beaumont I”) on February 24, 2014. In the request, Petitioner alleged that the District denied Student a free, appropriate public education (“FAPE”). A hearing was held on June 24-26, 2014 and a Decision following due process hearing (“Decision”) was issues on August 28, 2014. The Decision found that Petitioner had met her burden in proving that the District failed to provide Student with a FAPE in specific areas and the Petitioner was entitled various relief including, but not limited to specific prospective placement, services, assessments, training, devices/equipment for the remainder of the 2014-2015 school year; program development for the 2015-2016 school year, and reimbursement
Brynne DeRosier Washington v. Glucksberg The Supreme Court case between the state of Washington and Dr. Harold Glucksberg, considering the decision to prohibit physician-assisted suicide, took place in 1997. Dr. Harold Glucksberg and four other physicians decided to challenge the state of Washington 's ban on physician-assisted suicide. The state of Washington had labeled it a crime to promote suicide attempts by those who "knowingly cause or aid another person to attempt suicide." Glucksberg claimed that Washington 's ban was unconstitutional.
Issue: Did the President’s orders and the power given to the military authorities differentiate against Americans and residing Japanese ancestry violate the 5th Amendment of no individual should be deprived of liberty without due process? Holding: no.
Laird (1925) was the first Mexican American litigation cases of school desegregation. The plaintiff Romo sued the defendant Tempe Elementary School District. The board directed the Mexican American children to the Eighth Street School; this was a school primarily consisting of Mexican American students who were segregated from their white comrades to attend a school taught by student teachers. These teachers weren’t even qualified; they were part of a beginners teaching program developed at Tempe State Teachers’ College. Romo argued that the teachers provided were not qualified and did not have the ability to teach properly compared to well qualified teachers.
During the trial, Ali was refused the “right to subpoena evidence to support his claim that the Selective Service discriminates against Negroes and that Negroes are systematically excluded from draft boards” by his trial judge (“Clay Appeals Govt. Ruling”). He also claimed that he was denied other basic rights due to a contradiction between the Justice Department and the evidence of the hearing officer. When he tried to obtain a copy of the hearing officer’s report, he was denied (“Clay Appeals Govt. Ruling”).
President Eisenhower, in his address to the country, more specifically the people of Arkansas, discusses the inevitable situation involving racial segregation occurring in Arkansas. Eisenhower’s purpose is to convey to the country that he will fight to preserve the decision that the Supreme Court came to on racial segregation. He adopts a personal tone in order to convey to the people of Arkansas that he understands how they feel in this situation. After establishing that he will do whatever is necessary to protect the rights of the students and connects with the Arkansas people by addressing the fact that his decision wasn’t based on his personal beliefs, Eisenhower shifts his focus to validating the citizen’s feelings of anger and feeling slighted. Eisenhower through logically crafted arguments asserts that he will use his powers to ensure the students’ rights aren’t withheld.
Korematsu also pressed that this was an act of racial discrimination in that military leaders were displaying racist motivations against Japanese Americans, and the Fourteenth Amendment guaranteed him equal protection as an American-born citizen despite his cultural background. The Supreme Court rebutted his claims, stating that there was not enough time to conduct a trail or hearing for each Japanese American and the need to protect our nation against espionage outweighed Korematsu 's
In the year 2006, the Stolen Valor Act made it illegal to make medals of Honor. The case brought forth to us describes issues brought about by this act. In United States v. Fields, Abel Fields attended a meeting where he proclaimed that he had military experience, and that he earned a Purple Heart. He had made false statements, and in turn was convicted, and had to pay a $1,000 fine. Fields felt that his First Amendment rights had been violated.
The American Constitution display’s unwritten consequences, such as racial discrimination, sexism and ableism that become the price of chasing the American
In 1891, a group of concerned young black men of New Orleans immediately formed the “Citizens’ Committee to Test the Constitutionality of the Separate Car Law.” They raised money and engaged Albion W. Tourgée, a prominent Radical Republican author and politician, as their lawyer. The poeple involved in this case are the young concerned black men the us government and the states. On May 15, 1892, the Louisiana State Supreme Court decided in favor of the Pullman Company’s claim that the Separate Car Law was unconstitutional. The importance of this case is that In 1883, the Supreme Court finally ruled that the 14th Amendment did not give Congress authority to prevent discrimination by private individuals(Plessy v.
