Supreme Court Case Study

that student or teachers may not use schools as a platform to exercise free speech and in the case

In the case of Robert Tolan and Marian Tolan vs. Jeffrey Wayne Cotton, I will be discussing what interest me about this case. I will also deliberating on the liability and criminal liability of this case. The Tolan vs. Cotton case interests me because the United States have so many police that are brutalizing citizens. In some cases the police officers are getting away with it. After reading, reviewing, and studying this case I have learn a lot about the criminal system and laws that men and women should obey. I will explain how the nine judges on the Supreme courts all came to a verdict against the police officer Jeffrey Cotton after he shot an innocent suspect. This people

Many years ago, the United States Constitution was created as a guideline for the newly formed government to run this country as well as secure protection rights of all citizens. Since then, there have been many incidents that question the violation of citizens’ rights under the Constitution, such as the violation of the fourth amendment which protects citizens from unreasonable searches and seizures especially in the school system and on college campuses. The fourth amendment states, “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (O’Brien, 2014). As this pertains to those citizens who are students, whether it be in the primary, secondary, or post-secondary setting, the question that unveils itself is whether or not students are entitled to their constitutional rights, in this case, the fourth amendment’s rights, while in the school environment.

In the case of Vernonia v. Acton the fourth amendment is involved. The fourth amendment states that all people should be secure in their persons, houses, papers and effects against unreasonable searches and seizures. The Vernonia School District found that student athletes were participating in drug use after an official investigation, because of this they began requiring random drug testing for the students to participate in school sports. A student at the school, James Acton, and his parents did not consent to the random testing so he was not allowed to participate in football. Because he was not allowed, it was questioned if random drug testing of the student athletes violated the reasonable search and seizure clause of the fourth amendment.

Citizens in America are born with a various amount of rights. One of these rights include the freedom of speech and expression. However, school administrators have the ability to restrict a student’s expression. The Supreme Court Cases ‘Bethel School District v. Fraser’ and ‘Frederick V. Morse’ gave schools the right for the administrators to discipline children when they see fit. Students should be able to express themselves in any way without fearing that their school administrators will discipline

|Name of Case: Morse v. Frederick |“bong hits for Jesus.” The principal in this case went |disruption of other students. |

Schools have very different policy's when it comes to what the 1st amendment says. 2 cases are proof of this, Tinker vs Des Moines is a case where a simple armband protesting the Vietnam war which shouldn’t be an issue gets into the supreme court. This is because schools can enforce things that are a distracting or disruptive to school activity. A similar case to this is Bethel school district vs Fraser is a case where freedom of speech of a student gets taken away from him. This is due to the fact the student was making sexual remarks in a school speech which the principle deemed inappropriate for some students. Both cases directly relate to the first amendment with Tinker vs Des Moines being freedom of expression and Fraser being freedom of speech. Tinkers case is the best

This whole process has been put in place to keep citizens from having their privacy violated, but since its creation, the fourth amendment has been altered. One of the alterations deals with the reduction of public schools students’ Fourth Amendment rights while on public school campuses. This reduction has been put in place for the safety of students and school staff. Because schools are meant to be a safe place for children, school administrators are given the authority to search any student who is suspected of violating school rules with less evidence required than that of a police officer to complete a search or seizure. The administrator only requires reasonable suspicion to search a student. Reasonable suspicion requires some facts but less hard evidence than probable cause.

America’s Founding Fathers gave Americans certain rights when they established this great nation. These rights include life, liberty, and the pursuit of happiness, as well as other constitutional rights like freedom of religion, protection against self-incrimination, and the right to bear arms in defense. One of the most important of the freedoms bestowed upon American citizens by their inspired founding fathers is the freedom of speech. Americans have the right to speak their minds without the worry of punishment by the government. An example of this is the Tinker V. Des Moines Independent Community School District case in the years 1968-1969. In this Supreme Court case, the Tinker family was fighting for their right to symbolic speech at school. Another case regarding Freedom of Speech at a school is Hazelwood School District V. Kuhlmeier. This case is also concerning the right to free speech at school. Free speech in school greatly affects many people. According to the National Center for Education Statistics, “In fall 2016, about 50.4 million students will attend public elementary and secondary schools… In fall 2016, some 20.5 million students are expected to attend American colleges and universities” (A-Z). This means that these laws and related issues will affect about 70 million people.

The United States Supreme Court consists of the Chief Justice of the United States and eight associate justices. At its discretion, and within certain guidelines established by Congress, the Supreme Court each year hears a limited number of the cases it is asked to decide. Those cases may begin in the federal or state courts, and they usually involve important questions about the Constitution or federal law. Established by the Constitution within Article III, the Supreme Court was declared the highest federal court in the United States as well as the highest body within the judicial branch of government. With these prestigious titles, the Supreme Court possesses final appellate jurisdiction. They also have the power to exercise supervisory jurisdiction over the lower courts. The Justices of the Supreme Court are chosen and then nominated by the President. After that, they must be approved by the majority vote of the members within the Senate. When appointed, the Justices serve until death, retirement, or impeachment. The average term of a Supreme Court Justice, however, is most commonly 15 years. The Supreme Court assumed the responsibility of having a new role as guardian of the rights and liberties of the individual in the twentieth century. The history surrounding the Supreme Court helps to identify the country’s economic development, alteration in political views, and evolution of federal structure. The Supreme Court deals with a significant number of cases each year

“Students … [do not] shed their constitutional rights to freedom of speech or expression at the schoolhouse gates.”

To keep the public rights protected, federal courts of different levels were created. In 1789, First Supreme Court was established. Along with that, various federal and district courts were organized and their area of jurisdiction was finalized. Judiciary Act of that year also created the need for the US Attorney, Attorney general and marshal offices. In 1790 only, the criminal act was passed in congress, which approved different 17 crimes against federal government, including treason (Net Industries, 2015).

As an educator, it is extremely important to know educational policies. On top of the knowledge, it is also imperative to respect the rights granted to students in the democratic society. Attached above is an article, published by the first amendment center, regarding how the first amendment is employed within public schools. The first topic in the article is titled speaking out in school. Here I learned that the school cannot limit the student’s freedom of speech, unless it is hindering the environment to learn, and even then, there is a lot of grey area. Here the school must be able to provide substantial evidence that the student’s writing, speech, or expression would cause great disruption. This also ties directly into school dress code and uniforms required by the school corporation. Students, in many

The Fourth Amendment to the U.S. Constitution states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Fourth Amendment). The text of the Fourth Amendment does not define exactly what “unreasonable search” is. The framers of the constitution left the words “unreasonable search” open in order for the Supreme Court to interpret. Hence, by looking at

There are many Supreme Court cases that play a role in influencing how our health care is run. One of the most recent and influential cases that have sparked controversy and has progressed the United States health system further along than one could have imagined. The Patient Protection and Affordable Care Act, Obamacare, was signed into effect on March 23rd, 2010. Under the Affordable Care Act (ACA) several new pieces of legislature effectively changed the way Americans see healthcare. A few of those changes included mandating health insurance for all, increasing national revenues from the new taxes, and reducing and reorganizing the largest national health insurance plan, Medicare. Part of the act was a new law, individual shared responsibility