Civil liberties Test

With the freedom of press in the Near v. Minnesota case Jay published a scandal in the newspaper and found guilty of nuisance. But then Near went and fielded a suit on them and then he was found not guilty because he was protected under the first amendment. The state of Minnesota did not have the right of the gag law due to the first amendment. In the Hazelwood v. Kuhlmeier case it took place in a school to the laws are a little different. What happened was is that the school found inappropriate articles in the paper but the students said that they were protected under the first amendment freedom of the press. The students were found guilty. The reason that they were found guilty is because they wrote about the article in the school news paper and once a person enters the school they lose their rights as a person and it is handed over to the teacher/principle.


When freedom and protections collide in the freedom of speech in the Texas v. Johnson, Johnson burned an American flag as his form of speech on how he felt of the country. Johnson was able to burn the flag because he is protected under the first amendment. The only thing with that is that it is disrespectful but not illegal. When a person is in school they cannot do everything that you may do outside of school like in the Bethel v. Fraser case a student made a speech in school that was inappropriate and he was sentence to be suspended for two days. The student was arguing that the first amendment he has the right to have free speech. The school said that the language was to offensive and just like the Tinker v. De Moines case he was suspended from the school.

With the search and seizure law the police or anyone with authority cannot just look through your belonging without reasonable cause. In the Mapp v. Ohio case Mapp was convicted with have illegal items with her but the authorities had no right to look through her belongings without a warrant. She went back to the authorities and stated that the fourth amendment protected her of the right of people to have a probable cause to look through things rather just being noise. What is different is that in the New Jersey .v T.L.O is that a 13 year old was smoking in the bathroom and the authorities searched her and found weed and drug paraphernalia. She was arguing that they did not have the right to search her due to the fourth and the fourteenth amendment. She was found guilty because she was on school grounds and when you are on school grounds you lose that right as a person and people could be in danger.


With the adult rights on the due process law in Miranda v. Arizona , Arizona was found guilty due to the face the police did not read Miranda their rights to have an attorney and to remain silent. But she was put under arrest and all the evidence that the authorities found they could not use against him because the police never told them about their rights. When you are a student at a school things change like in the Goss v. Lopez case Students at two different high schools were suspended for a total of ten days without holding a hearing. The students argued that the principle did not have the right to kick them out without a hearing, the students were wrong. The school had the right because in Ohio the school has the right to kick students out due to misconduct.

Jason Patrzykont