Monday, February 8, 2010
Civil Liberties test
Freedoms and protections no matter the case will indeed collide. In our country freedoms and protection are meant to collide to ensure the utmost safety for the people of the United States of America. I believe that when the two collide the protections of man are usually broken and hence given man his freedoms back. In Near V. Minnesota a man had published a scandalous story accusing local officials of being tied in with gangs and the officials prevented the paper from printing. The question of the case was if the "gag law" had gone against Near's right to freedom of speech and the answer was "yes". His protection of being able to speak freely as long as his speech doesn't insinuate people to do harm protects his rights to publish his paper. This does not quite work for the students of a school paper at Hazelwood. The principal was proof reading the school paper and it had stories that were not acceptable to be published at the high school. So the principal took those stories out and they took him to court saying there first amendment had been violated. This was incorrect due to the fact that the school had the right to edit the paper due to social standards at the school and due to In Loco Parentis which temporarily makes the principal an acting guardian to the students. Besides in school protections no matter the case will protect the people. This shows how freedom of speech can be one of the protections that is abused due to people thinking that they are always protected by. When really it protects those who do not infer harm to others as they speak. The fourth amendment is another case in where people are protected quite often. In Mapp V. Ohio were confiscated items where acquired during an illegal search of a woman's home had been taken to court. The court found these items inadmissable as evidence due to the woman's fourthamendment of search and seizure. The protection of this woman's rights overcame the imposing evidence against her and so she could not be tried on the case. The last case is one of the most famous cases that represents protection in affect. In Miranda v. Arizona the local police had been known to interrogate their captives without giving them their rights and in doing so violated their fifth amendment. The police had interrogated Miranda without giving him his rights. He had confessed to raping a mildly retarded woman but then recanted due to his realization that he was not given he right to remain silent. Even though this person was obviously guilty and was a terrible person his protections protected him since his fifth amendment had been abused. Besides in the case of schools and "In Loco Parentis" protections will always come in affect and protect the people and their freedoms. No matter the case whether the people are truly innocent or completely guilty they will always be protected.
Subscribe to:
Posts (Atom)