Court Cases Challenging The First Ten Amendments To The Constitution

2286 words - 9 pages

The Bill of Rights is a document that stands as law in all 50 United States and protects the citizens of the U.S. from various unlawful punishments that would infringe on these rights which are considered universal to all those who legally reside in the country. These amendments are extremely important to us as citizens of the U.S. because they give us a set of guidelines to model our behavior and speech after, as well as allow us to defend ourselves from censorship of various forms that may be cast upon us by government, organizations, or other persons. Just as any law is destined to be tested, the laws set forth in The Bill of Rights have been tested through many court cases tried by the Supreme Court of the United States. These trials serve to clarify the meaning of the law in situations where it's intent is not immediately obvious. Here, we will analyze several court cases and their impact on society, as well as the sociological climate of the populace when these cases were tried.

First we will examine Morse v. Frederick, a case on free speech that took place in 2007 and revolved around the legality of a student to present speech that could be considered as promoting or glorifying illicit drug usage. Public opinion has changed somewhat in recent years, from the widespread, publicly accepted and supported “war on drugs” that began in the Reagan era, to a more “libertarian” approach that is held by many. This Libertarian approach holds that as long as the illicit drug use of a person does not infringe on the rights of others in society, or put others in danger, then the drug usage is acceptable in a private setting and should not be illegal. In the year 2013 as many as 58% of Americans held the opinion that marijuana should not be illegal (Sullum para 1), and at the time of the writing of this paper, marijuana has been to some extent “decriminalized” in sixteen states (norml). We can see from this information that the public view of drug use and of marijuana in particular has been varied and shifting towards a more Libertarian approach. It was during this time of changing opinion that our first case took place. In this case, a 14 year old boy was seen publicly showing a banner at a school organized event that said “Bong hits 4 Jesus.” The banner and its message reportedly did not create a disturbance at the event (morse v. frederick(2007), para2), but the student was asked to remove the banner from public view and was suspended when he did not do so. District courts ruled that his free speech was being violated by the forced removal of his banner and that it was unconstitutional that he was punished for displaying this speech. The Supreme Court would go on to reverse that ruling, holding that because this was a school organized event, with classmates from school in attendance, the environment could be described as “at school” and rules about speech promoting illicit drug usage should still apply(cornell, para 3-5).
This ruling is...

Find Another Essay On Court Cases Challenging the First Ten Amendments to the Constitution

Fourth, Fifth, and Sixth Amendments to the Constitution

1212 words - 5 pages CJL 4064 Amendment Project As requested by the committee chair, I have examined the 4th, 5th, and 6th Amendments of our Constitution. It is imperative for the participants of the Constitutional Convention to update, and furthermore, enhance the Bill of Rights. The amendments were created with a valuable perspective on individual rights in the 1700's. Today, in 2010, our country has developed in the use of language, our principles, and

Thematic Essay: Amendments to Constitution

895 words - 4 pages proposed the Fourth amendment the process was completed on December 15, 1791, when Virginia ratified the ten amendments that would become the Bill of Rights. This amendment was key an assuring the people of the United States of Americas rights.In conclusion the process that was developed by our forefathers who wrote the constitution show how well it was written in that they looked far enough ahead to see that changes could perhaps have to be placed on the constitution due to further circumstances.

Frankenstien (the First Ten Chapters)

1459 words - 6 pages Frankenstein is talking about. After she is executed for the crime, Victor takes to the hills to explore and to reconnect with his childhood after the devastating loss of two members of his family. It is there that he again sees the being he created and sits with him to hear of his whereabouts. Some of the characters we are introduced to in the first ten chapters are Victor Frankenstein, creator of the monster; Elizabeth Lavenza, his adopted sister

Court cases dealing with the 14th amendment

3406 words - 14 pages Amendments? Yes, in the Courts one page per curiam opinion. The Court ruled that the death penalty in these cases were cruel and unusual punishments and violated the Constitution. Justice Brennan and Marshall believed the death penalty to be unconstitutional in all cases.Gregg v. GeorgiaArgued/Decided-19768 and 14- cruel and unusual punishment-death penaltyGregg was found by guilty of armed robbery and murder by the jury and sentenced to death. On appeal

Important Cases Of The Us Supreme Court

731 words - 3 pages Important Cases of the US Supreme Court The United States Supreme Court has interpreted the constitutional guarantees contained in amendments to the constitution. Among these Guaranteed rights are the freedoms of religion, speech, and press, along with the right of protection against illegal search and seizure, equal protection under the law, and the right to counsel. These rights all contained in the first amendment to the constitution are

The First and Second Amendments and Modern Issues

944 words - 4 pages . Without the first and second amendments and issues arising that are challenging, the democracy that our country is founded on would be not nearly as effective.Works CitedAssociated Press, (2008, May 11). Journalist facing fines urges press to protect 1st amendment. Retrieved March 14, 2009 from Common Dreams News & Views website: Press, (2009, March 2). High court won’t hear

Impact of the First and Fourteenth Amendments on Religious Freedoms

1361 words - 6 pages first and fourteenth amendments are also responsible for the reluctance of courts to prosecute cults, particularly in cases in which “brainwashing” is allegedly involved. The case of Van Schaick vs. Church of Scientology demonstrates the manner in which the first and fourteenth amendments hinder the ability of a plaintiff to claim the law of torts, particularly the tort of intentional infliction of emotional distress. The court only heard the

Were the Supreme Court Cases in the 1890's fair?

1462 words - 6 pages and, therefore, required him to sit in the "colored" car.(Liberman pg 67)Plessy went to court and argued that the Separate Car Act violated the Thirteenth and Fourteenth Amendments to the Constitution." The judge, a Massachusetts lawyer, was John Howard Ferguson. He had previously declared the Separate Car Act "unconstitutional on trains that traveled through several states." However, in regards to the Plessy trial, he stated that Louisiana could

Court cases dealing with judicial review and the 2nd amendment

981 words - 4 pages promotions because they hired less qualified blacks, which violated Title 7 of the Civil Rights Act of 1964. The Court merged together the cases of Personnel Board v. Wilks and Arrington v. Wilks. Did Wilks and other white firefighters have a constitutional right to challenge the previously established decrees? Yes, in a 5-4 decision. The Court ruled that the white firefighters were not prohibited from challenging employment choices taken following to the

Court cases that deal with the 14th amendment

2872 words - 11 pages sentenced to death. Jackson v. Georgia and Branch v. Texas were decided along with the Furman case. The cases challenged the constitutionality of the death sentence for rape and murder convictions. Does the imposition and carrying out of the death penalty in these cases constitute cruel and unusual punishment in violation of the 8th and 14th Amendments? Yes, in the Courts one page per curiam opinion. The Court ruled that the death penalty in

Violation of the amendments

625 words - 3 pages Violation of the AmendmentsAfter the 9/11 attacks many people in the United States where left with terror and fear, as well as retaliation for those that caused it including violating the United Sates Constitution. Al-Qaeda a Muslim terrorist group responsible for the 9/11 attacks is what caused the American people to pursue the Muslim group taking them as a threat to society, as well as making us Americans have a different view on them. As war

Similar Essays

The First And Second Amendments To The Constitution: A Brief Examination Of The Two

916 words - 4 pages The Bill of Rights is the first ten Amendments to the United States Constitution. They were added by the Founding Fathers to assert inalienable rights that would exist despite the power of the federal government. Careful consideration was made in creating these laws, as they were meant to stand the test of time. The wording, even the punctuation, has helped interpret various meanings in effort to encompass the ever-changing aspects of what is

A Critical Analysis Of The Thirty First Amendments To The Constitution

2040 words - 9 pages A Critical Analysis of the Thirty First Amendments to the Constitution Introduction In November 2012, a proposal to insert a new article into the Constitution was put before the people of Ireland. The new amendment is specific to children’s rights and proposes to extend and strengthen current provisions in the Constitution concerning these rights. The foundation for the Children’s Rights Referendum is from a number of different sources. In

The Importance Of The First Amendment: Which Of The Amendments To The Constitution Is Most Important And Why?

897 words - 4 pages In 1791, after the final completion of the warfare fought for our nation's independence, our forefathers drafted and ratified the Constitution for the United States of America, which contained the single most important document for any American citizen - the Bill of Rights. This precious document outlined the basic rights sought after by all the nation's citizens, ranging from the freedom of exercising one's inborn rights to the constitutional

Supreme Court Cases: The Contrast In The Constitution And Constitutional Law

1177 words - 5 pages This paper discusses the contrast of two landmark United States (U.S.) Supreme Court cases that helped to clearly define how the Fourth and Fifth Amendments of the U.S. Constitution is interpreted, and analyzes the difference between the “Constitution” and “Constitutional Law.” Two cases that are referenced in this analysis are (1) Katz v. United States, 386 U.S. 954 (U.S. March 13, 1967), and (2) Olmstead v. United States, 277 U.S. 438 (U.S