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Famous court cases #4 Emmitt and Jordan.

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1 Famous court cases #4 Emmitt and Jordan

2 Schenck v. United States
During world war one Schenck was petitioning saying that the draft is something terrible that came from capitalist. While doing this he was peaceful about it but he got arrested for conspiracy to violate the Espionage Act by attempting to cause insubordination in the military and to obstruct recruitment.

3 Schenck v. United States
He was charged for this crime because it was causing a “clear and present danger”. They said this because we were in a war and it would make people avoid it so it would make us in danger because we can not protect ourselves.

4 Tinker v. Des Moines In school there are two kids that wore black arm bands showing that they are against the Vietnam war. There parents backed it up and then the school said they need to take it off or else they get suspended They didn’t and they got suspended so the kids brought it to court “It was ruled unconstitutional because it is not a clear and present danger. “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

5 Texas v. Johnson Johnson was charged in Texas for violating a Texas law prohibiting the vandalism of respected objects. He was convicted, fined $2,000 and sentenced to one year in prison. He tried to appeal but he lost it. It was then sent to the Court of Criminal Appeals of Texas

6 Texas v. Johnson continued
They said they cannot charge Johnson for burning the flag. They said that the First Amendment protects the activity as symbolic speech. The state said that it was trying to preserve the flag and to maintain order. Neither were considered to be justified. The court said that the State can not state what feelings or messages should be associated with the flag. It was also stated that this flag burning caused no breach of peace

7 Texas v. Johnson continued
The case was then handed to the Supreme Court. They stated that the first amendment covers more than just the freedom of speech. They said that the flag burning was under the first amendment and he was not charged.

8 Morse v. Frederick In 2002, principal Deborah Morse suspended Joseph Frederick for displaying a banner reading “BONG HiTS 4 JESUS” The students were allowed to watch the torch pass by the school. When they displayed the banner the high schools principal came and took it. He was suspended for 5 days at first and was later increased to 10 under the impression that it broke the districts anti-drug policy.

9 Morse v. Frederick continued
The case went to court after he filed a civil rights lawsuit against the school. He claimed that they violated his federal and state constitutional rights to free speech. It was decided that the case was to be settled outside of court before the judges could make a decision. The school paid Frederick $45,000 to settle all remaining claims and hired a constitutional law expert for the future.

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11 Works Cited Wikipedia.org


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