Monday, February 8, 2010
freedoms and protections collide
What happens when freedoms and protections collide? You will get court cases. Everyone is pushing the limits on their protection and freedom. And when you meet in the middle, grey area of where protection and freedom meet, then people will have problems. The Freedom of speech is a big issue on how much freedom of speech do we really have. And when students are in school verses when students are out of school will changes their freedom of speech rights. In the Bethel v. Fraser case, Fraser made a sexual comment in a school speech and was suspended. People who argue that it was a violation of the 1st amendment, but on school grounds, the school had every right to suspend him for vulgar language. Students in school and on school grounds are protected under every little amendment, and instead are under the rules of the school. For example, in the New Jersey v. TLO case a girl was thought to of smoked in the bathroom and the school search her purse and found weed in it. The girl thought the school violates the 4th amendment. But the court voted for the school because they had reasonable suspicion and under school grounds they were legally able to search her belongings. When any student is in school, they are given more protection and have their freedom taken. But when someone is out of the school grounds and the school rules and regulation, the person is protected under all the amendments. If a kid gets suspended for burning a flag on school grounds the school could suspended him if they want, but if the kid did it off school grounds, the school has no control over him, and same with the police. In the Texas v. Johnson case, Johnson was charged for burning the flag in a protest. He was sent to jail for that. In the case the court found that burning the flag is a form of free speech and they ruled for Johnson. Although burning the flag is disrespectful to America, it is still part of our freedom. We are given our amendments to protect our freedom as well as giving us freedom in our protection. When anyone is in court, people are protected under the 6th amendment. In the Gideon v. Wainright case, a man was denied to be appointed an attorney and was sent to 5 years of jail. They found the court was in the wrong because lawyers in courts are necessity. People’s freedoms are there to protect them from the government. But when people think that the government has cross the line on their freedom is when the issue of freedom vs. protection get started.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment