Monday, February 8, 2010

When freedoms and protections collide, the result is a decision that ends up affecting life in the nation and viewpoints on particular topics. For example, when flag burning became a question of free speech in Texas v Johnson, the decision that came about as a result completely changed views on the subject. Johnson was arrested for burning the American flag in protest of the U.S. government. His case went all the way to the Supreme Court as a question of free speech. The court ruled in favor of Johnson and declared flag burning a protected form of speech. Today, flag burning is a common form of protest against the government, all because of that one decision.
However, certain types of speech are not protected by the first amendment, More specifically, speech in schools. In the case of Bethel v Fraser, a student was suspended for speech the school deemed inappropriate. This case also went to the Supreme Court, but this time the court ruled in favor of the school, stating that schools have a right to censor out speech that they deem “inconsistent with education.”
In the case of Mapp v Ohio, a person was arrested for having illegal materials in their home while the police were in the home searching for a drug dealer. The result of this case threw out the illegal materials as evidence because they were obtained by police illegally. The police now need a warrant to use any materials obtained as evidence.
The right to due process was contested in the case Goss v Lopez, where a student was suspended without a hearing. The Supreme Court ruled that education is property and due process is required to take property away. Hearings are now required for a student to be suspended.