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JRLC5040 Ch 2 Notes

JRLC5040 Ch 2 Notes - JRLC5040 Class notes Chapter 2 Cohen...

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JRLC5040: Class notes Chapter 2 Cohen v. California - “fuck the draft” jacket worn into courtroom but had to take off inside - Cohen sued - Defense: he can express what he pleases in this fashion - Court agreed Pg. 233: Westborough Baptist Church (Ch. 5) - 70 members - Fred Felts relatives - Mostly a family that runs the church - Death of people (like soldiers and military) is God’s wrath of sinful Americans - Events like the VA Tech shooting is God’s wrath - Video: “God sent the shooter” o College students are a part of doomed America o Speaking against the church is speaking against God o Ideology of church is presented at places like soldiers’ funerals in the form of protest before the ceremony from a public forum - Epic: internet posting about a father who did not raise his son right (a deceased soldier) o Sued for emotional distress and psychological trauma o Intent to do harm o Supreme Court set aside Internet posting issue to focus on if the church has freedom to stand on sidewalk and protest at the soldier’s funeral (8-1 Vote: YES) Ceases activities before funeral and couldn’t see protesters from the funeral o Court set aside issue because it requires proper presentation of the issue and the lawyers did not present the internet posting issue properly o Chief Justice Roberts excluded issue to tighten the focus, make the case simpler, allowed more likelihood of unanimous voting and manage the outcome of the case, which was a basic 1 st amendment issue disregarding the internet posting
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Why allow this? Slippery slope argument Can’t cater to just the majority Things that legislature does that doesn’t have to do with constitutional rights: University/higher education system Distinguish between types of public property - Sidewalk vs. university building -
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JRLC5040 Ch 2 Notes - JRLC5040 Class notes Chapter 2 Cohen...

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