Overrode concern for a potential disruptionConcurringFirst Amendment rights of children are NOT coextensive with those of adultsDissentingPeople do not have a right to give demonstrations whenever or wherever they wantIf students can ignore officials and begin protests and such, it will cause chaosSince Tinker v. Des Moines: Bethel School District v. Fraser (1986)- student gave a speech to an assembly at his school that showcased student gov candidates and was filled with sexual innuendooUnlike Tinker, his speech had no real political value and was made to entertain students, so the School District wonMorse v. Frederick (2007)- students gathered outside a school to cheer on the Olympic torch as runners carried it by and a student had a sign that read “BONG HITS 4 JESUS”oSchool-sponsored event and thus a matter for school officials to design, and the school was reasonable to see his sign as promoting illegal drug useMarbury v. Madison (1803)Can an appointed judge sue for his appointment, and does the Supreme Court have the authority to hear and implement this request?John Adams appointed several people to new judgeships on his way out of presidencyThomas Jefferson took office and refused to deliver commissions to Marbury (+ others)Yes and No, 5:0An appointed judge with a signed commission could sue if denied the job (yes)The law entitling Marbury to the job was contrary to Article III of the constitution when it said the court had original rather than appellate jurisdiction in those cases (no)Ruled they had no jurisdiction in the matterSince Marbury v. Madison: Initiated Judicial Review and defined common lawSupreme Court “would declare void” any congressional act that goes againstConstitutionProtestingin SchoolsMidnight Judges
Dred Scott case (1857)- next time the Court struck down a lawShaw v. Reno (1993)Does a congressional district, designed for the purposes of assuring a majority black population,violate the Fourteenth Amendment’s equal protection clause?Before: oGomillion v. Lightfoot (1960)- state legislature passed special legislation to alter city’s borders which placed black neighborhoods beyond new city linesSC decided the state violated the 15thAmendment right to vote1965 Voting Rights ActNorth Carolina submitted a new map of congressional districtsCourt ruled that using race to create districts was allowed to make it fairIn North Carolina map, only one district was a majority-minority district and they were told to make more, resulting in weirdly shaped districtsShaw and 4 other white individuals suggested that NC separated citizens into classes by race to form the districtsYes, for Shaw, 5:4North Carolina onlyused race as a factorOpposed the “colorblind” ideal of US lawDissentingThe district did not dilute the votes of citizens in other districtsSince minorities benefited from the redistricting, there were no conflictsWhites remained a majority in a disproportionate number of districtsNew York Times Co. v. United States (1971)
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