Texas v. Johnson

Texas v. Johnson

Year:Decided on June,21,1989

Results:4 votes Texas, 5 votes against, in favor of Johnson

Constitutional Issue:The freedom of speech under the 1st amendment

Civil Rights/Liberties:Civil Liberties

Significance:It held that Johnson's burning of the flag was protected under the 1st amendment.It also deemed laws prohibiting flag burning were in fact unconstitutional.

Quote from Majority Opinion:Justice Brennan wrote, "After publicly burning an American flag as a means of political protest, Gregory Lee Johnson was convicted of desecrating a flag in violation of Texas law. This case presents the question whether his conviction is consistent with the First Amendment. We hold that it is not."

Dissent:They argued that the flag has represent us as a nation for over 200 years, and for someone to burn it is disrespect towards our nation.This disrespect could cause a disruption in the public peace, which would be a violation of the 1st amendment.

6 Word Summary:Flag Burning laws struck down, national

Thompson v. Oklahoma

Thompson v. Oklahoma

Year:Decided on June,29,1988

Results:5 votes Thompson, 4 votes against, in favor of Thompson

Constitutional Issue:Protection from cruel and unusual punishment under the 8th amendment

Civil Rights/Liberties:Civil Liberties

Significance:It held that the execution of a 15 year old did in fact qualified as cruel and unusual punishment.Also stated that the execution of a person under the age of 16 is unconstitutional.

Quote from Majority Opinion:Justice Stevens wrote, "The authors of the Eighth Amendment drafted a categorical prohibition against the infliction of cruel and unusual punishments, but they made no attempt to define the contours of that category. They delegated that task to future generations of judges who have been guided by the 'evolving standards of decency that mark the progress of a maturing society.'"

Dissent:They argued that this was no ordinary criminal, Thompson was a repeated offender of the law.So he knew perfectly what he was doing even if we was 15 years old.

6 Word Summary: under age 15, can't be sentenced death

Tinker v. Des Moines

Tinker v. Des Moines

Year:Decided on February,24,1969

Results:7 votes Tinker, 2 votes against, in favor of Tinker.

Constitutional Issue:The freedom of speech under the 1st amendment.

Civil Rights/Liberties:Civil Liberties

Significance:It have all students the right to symbolic speech as long as it does not disrupt the learning process.

Quote from Majority Opinion:Justice Flores wrote, "School officials do not possess absolute authority over their students. Students in school as well as out of school are 'persons' under our Constitution. They are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State."

Dissent:Justice Black argued that disruptive "symbolic speech" wasn't protected under the 1st amendment.He also said "I have never believed that any person has a right to give speeches or engage in demonstrations where he pleases and when he pleases."

6 Word Summary:Students given right to symbolic speech

Sheppard v. Maxwell

Sheppard v. Maxwell

Year:Decided on June,6,1966

Results:8 votes Sheppard, 1 votes against. In favor of Sheppard

Constitutional Issue:The 6th amendment, the right to a fair and speedy trial

Significance Its set up a new standard for preventing pre-judicial trials being interfered by the media,

Quote from Majority Opinion:Justice Clark wrote, “While we cannot say that Sheppard was denied due process by the judge’s refusal to take precautions against the influence of pretrial publicity alone, the court’s later rulings must be considered against the setting in which the trial held. In light of this background, we believe that the arrangements made by the judge with the news media caused Sheppard to be deprived of that ‘Judicial serenity and calm to which [he] was entitled.”

Dissent:Justice Black argued this problem would have easily been controlled the court, cause it is them how decides how the case is subjected by the media

6 Word Summary:New Standard for keeping media out

Schkenk v. US

Schenk v. US

Year:Decided on March,3,1919

Results:0 votes Schenck, 9 votes against, in favor of US

Constitutional Issue:The Espionage act of 1917, and the free speech clause of the 1st amendment.

Civil Rights/Liberties:Civil Liberties

Significance:Held that Schenck was not protected in this situation.They said, "The character of every act depends on the circumstances," it established the "Clear and present danger" test.

Quote form Majority Opinion:Justice Holmes wrote this famous quote, "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."

Dissent:There was none

6 Word Summary:Clear and present danger test established

Roe v. Wade

Roe v. Wade

Year:Decided on January,22 1973

Results:7 votes Roe, 2 votes against, in favor of Roe

Constitutional Issue:The right to privacy under the 9th amendment

Civil Rights/Liberties:Civil Liberties

Significance:It held that a woman's right to have an abortion is well within there rights to privacy. This gave women power to have an abortion within the first trimester for any reason.

Quote from Majority Opinion:Justice Blackum wrote, "This Texas federal appeal and its Georgia companion, Doe v. Bolton, post, p. 179, present constitutional challenges to state criminal abortion legislation. The Texas statutes under attack here are typical of those that have been in effect in many States for approximately a century. The Georgia statutes, in contrast, have a modern cast, and are a legislative product that, to an extent at least, obviously reflects the influences of recent attitudinal change, of advancing medical knowledge and techniques, and of new thinking about an old issue."

Dissent:They argued that no women should ever consider aborting a baby cause she is carrying life in her stomach.

6 Word Summary:Women gain abortion rights, first trimester

 

Reno v. ACLU

Reno v. ACLU

Year:Decided on June,26,1997

Results:0 votes Reno, 9 votes against,in favor of ACLU

Constitutional Issue:The freedom of speech, press, and assembly under the 1st amendment.

Civil Rights/Liberties:Civil Liberties

Significance:It held that the Communication Deceny Act of 1996 did in fact violate our 1st amendment freedoms.Mainly, cause of the vagueness in their definitions of the types of internet communications which they criminalized

Quote from Majority Opinion:Justice Stevens wrote, "We are persuaded that the CDA lacks the precision that the First Amendment requires when a statute regulates the content of speech. In order to deny minors access to potentially harmful speech, the CDA effectively suppresses a large amount of speech that adults have a constitutional right to receive and to address to one another. That burden on adult speech is unacceptable if less restrictive alternatives would be at least as effective in achieving the legitimate purpose that the statute was enacted to serve."

Dissent:They argued that they did not need to block potential harmful speech from kids, but rather create a "Adult Zone" on the internet were kids couldn't access it. Also they would have invalidated a narrower portion of the two CDA provisions under review

6 Word Summary:Communication Act unconstitutional cause of vagueness.