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Debates regarding freedom of speech
Discuss the right to freedom of expression
What is freedom of speech
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More handpicked essays just for you.
Debates regarding freedom of speech
Discuss the right to freedom of expression
What is freedom of speech
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Cedar Rapids v. Garrett F. Garret F., was a quadriplegic who was ventilator-dependent due to his spinal column being severed in a severe motorcycle accident when he was 4 years old. During the school day, he required a personal attendant within hearing distance to see to his health care needs. He required urinary bladder catheterization, suctioning of his tracheostomy, observation for respiratory distress, and other assistance. He attended regular classes in a typical school program and was successful academically.
This case Tinker v. Des Moines Schools was a very interesting case argued in 1968. A lawsuit was filed against the school after three students, Two of which in high school and one in middle school were suspended from school. The school suspended the students for wearing black armbands protesting the Vietnam war. Two other students wore armbands, but were in elementary school and weren't suspended. The students were fifteen year old John Tinker, sixteen year old Christopher Eckhardt, and thirteen year old Mary Beth Tinker.
Citation: Tinker v. Des Moines Independent School District (1969) Facts: In Des Moines, Iowa, a group of individuals met at a home to discuss ways to protest the United States involvement in the Vietnam War. The group decided beginning on December 16th and lasting until New Year’s Day, the members of the group would fast and wear black armbands to show their opposition to the war. School officials became aware of the students’ protest and implemented a policy that any student wearing a black armband would be asked to remove it. If the students did not remove the armband, then the student would be suspended.
Kuhlmeier began a new trend in the rulings of First Amendment cases. During the 1960s an Arab student protested publications exploring social issues such as civil rights which were common and accepted. In 1969, the Supreme Court upheld that the freedom of expression of students is protected under the First Amendment. In the case of Tinker V. Des Moines, at least 125 additional court cases around the country were decided in favor of the students during this time period. Due to the legal precedent set by the Tinker case.
As seen in previous cases like Tinker vs. Des Moines, students have the right to political say, unless it causes disruption at school of students are promoting something that goes against the law. In the case of Tinker v Des Moines the students were not promoting anything illegal but showed their thought on the Vietnam War by wearing black armbands (Tinker). Argued in court by Kenneth W. Starr in the Morse v. Frederick case, he gave the idea that the foundation for school censorship was the case of Tinker v. Des Moines (Morse). The Justices responded back saying, that case was a different scenario as the students weren 't doing anything against the law while Frederick was encouraging the use of marijuana which was illegal (Morse).
The wore black armbands in a protest against the government policies during the Vietnam war. The Tinkers tries to fight the suspension with the district court but the district court was in favor with the school so the Thinkers had to take it further. The next step was to take it to the supreme court. The tinkers took it to the Supreme court and the majority vote wat that it was unconstitutional for the school to
Business Law Case Study Essay: Burwell v. Hobby Lobby, 573 U.S (2014) Facts: The Green family runs and owns Hobby Lobby Stores, Inc., a national arts and skills chain that has over 500 stores and they have over 13,000 employees. Other facts of the case are that the Green family has been able to organize the business around the values of the Christian faith and has explicitly expressed the desire to run the company as told by Biblical principles, one of which is the belief that the utilization of contraception is wicked. Also, the facts show that under the Patient Protection and Affordable Care Act (ACA), occupation -founded group health care plans must offer certain sorts of preventative care, for example, FDA-accepted contraceptive approaches.
For my research on how the contextual themes concepts can result in criminal justice malfeasance I selected the case of State v. Steele, 138 Ohio St.3d 1, 2013-Ohio-2470. This case involved police officer Julian Steele of the Cincinnati, Ohio police department and his indictment on ten counts of police misconduct, including abduction, intimidation, extortion, rape, and sexual battery. Officer Steele abused his legal power to interrogate, arrest and detain a witness by knowingly filing a materially false complaint in order to influence or intimidate a witness; and abducting her minor child from school with the intent of charging the minor child with a robbery felony ” (State v. Steele, 138 Ohio St.3d 1, 2013-Ohio-2470). Due to the nature of this case and its involvement of the minor children involved, the court documents refer to the subjects by initials only.
Des Moines ruling based off of the Court of Appeals reliance on the case in ruling on Bethel v. Fraser. Essentially Tinker v. Des Moines hinges on whether the school acted in accordance to their authority to maintain a proper environment for students, by impeding Tinker’s Right to Freedom of Speech. The Court found that wearing a black armband in peaceful protest is protected under Freedom of Speech, because there was no disruption caused in the action, it was unnecessary for the school to react in the manner that it did. Justice Burger went on to suggest that the Court of Appeals missed the mark in comparing the two cases.
The Tinker versus Des Moines court case involved three minors, John Tinker, Mary Beth Tinker and Christopher Eckhart. These three wore black armbands to their schools to protest the Vietnam War and were suspended following this action. Circuit courts and the Court of Appeals in Iowa ruled that the black armbands were inappropriate attire for school. This case was then brought to a higher-up court. Eventually, this case was brought before the Supreme Court.
Because the wearing of the black armbands did not interfere or disrupt the school day of the students, the majority ruled that the students should not have been suspended. By punishing these students, the Des Moines Independent Community School District violated the first amendment and fourteen amendment rights of these
The commerce clause refers to Article I, Section 8, Clause 3 of the U.S. constitution, which gives congress enumerated power to “regulate commerce with foreign nations, and among several states, and with the Indian tribes”. The Constitution enumerates certain powers for the federal government; the Tenth Amendment provides that any powers that are not enumerated in the Constitution are reserved for the states. Congress has often used the Commerce Clause to justify exercising legislative power. The Katzenbach vs. McClung case is an example of congress using the commerce clause to enact title II of the Civil Rights Act in 1964. The case was about a highway restaurant that was operated in Birmingham, Alabama with a capacity of 220 seats.
Kyra Rubin Professor Jennifer Larson English 105i 5 October 2015 Unit 2, Feeder 1 In the 2013 case of Miller v. Alabama, the Supreme Court held that a mandatory minimum sentence of life-without-parole is an unconstitutionally disproportionate punishment for a juvenile. Under the Eighth Amendment protections from cruel and unusual punishment, the Court held that mitigating factors must be considered in determining sentencing for juveniles. The issue in Montgomery v. Louisiana is concerned with whether or not this rule can be applied retroactively; doing so would potentially provide relief for the inmates who are currently serving time after being sentenced to live-without-parole as juveniles, and who didn’t have such mitigating factors considered. Issue: Does the U.S. Supreme Court’s decision in Miller v. Alabama, which held that the Eighth Amendment prohibits mandatory sentencing schemes that require children convicted of homicide to be sentenced to life in prison without parole, apply retroactively?
In 1965 three students, John F. Tinker- 15 years old, Christopher Eckhardt- 16 years old, Mary Beth Tinker- 13-year-old, were suspend for wearing black armbands that supported hostilities in Vietnam and a truce. These three teens attended school through the Des Moines Independent School District. Parents of these student stood up and claimed a violation of their First Amendment right of freedom of speech. The armbands were an agreed about activity by a group of adult and students that meet in early December.
In 1969, the U.S. Supreme Court case Tinker v. Des Moines Independent Community School District upheld the right to freedom of speech of students to protest the Vietnam war by wearing black armbands. The case explained the problem that “students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” (Student) As students, we are free to express ourselves through what we wear. As students, we have every right to proclaim our beliefs