10-11-29 Judiciary Cases

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Questions to be asked:
  1. Was it a (pg. 367)
    1. majority opinion
    2. concurring opinion
    3. plurality opinion
    4. dissenting opinion
    5. per curiam opinion
  2. Who were the main players?
  3. What was the issue at hand?
  4. What was the Constitutional issue?
  5. Did judicial restraint play a role?
  6. Did judicial activism play a role?
  7. Was there a precedent that influenced the case?
  8. What were the extra-legal factors that impacted the case?
  9. Did this case impact policy making through judicial implementation and if so, how?
Tinker vs. DesMoines
  1. Was it a (pg. 367)
    1. majority opinion
    2. concurring opinion
    3. plurality opinion
    4. dissenting opinion
    5. per curiam opinion
  2. Who were the main players?The Tinker family and the school
  3. What was the issue at hand? Tinker family wore black arm bands to school to protest Vietnam war. School kicked them out. The Tinker family said this is our freedom of press, you can't do that.
  4. What was the Constitutional issue? 1st amendment rights
  5. Did judicial restraint play a role? not really
  6. Did judicial activism play a role? yes
  7. Was there a precedent that influenced the case? West Va vs. Barnett - can make students salute the flag
  8. What were the extra-legal factors that impacted the case? Started out with three kids but then a whole group got involved.
  9. Did this case impact policy making through judicial implementation and if so, how? Set precedent for restricting student's rights. Supreme court said that they could wear the arm bands but it was up to the school. Students can wear things that are symbolic but school can say no if they are distracting/ inappropriate.

TLO vs. New Jersey
  1. Was it a (pg. 367)
    1. majority opinion
    2. concurring opinion
    3. plurality opinion
    4. dissenting opinion
    5. per curiam opinion
  2. Who were the main players?
  3. What was the issue at hand? Teacher caught girl in NJ smoking in high school bathroom. Took her to the principle and he searched her bag. Found marijuana in her bag and list of people that she sold it to. Went to the Supreme court - could principle keep going through her bag after finding the cigarettes? invasion of privacy? nope, the principle had the right to go through her bag because its a school
  4. What was the Constitutional issue? 4th amendment (search and seizure) How can a school who is not a law enforcement officer with a warrant legally take and go through her bag?
  5. Did judicial restraint play a role?
  6. Did judicial activism play a role?
  7. Was there a precedent that influenced the case?
  8. What were the extra-legal factors that impacted the case?
  9. Did this case impact policy making through judicial implementation and if so, how?

Texas v. Johnson
  1. Was it a (pg. 367)
    1. majority opinion
    2. concurring opinion
    3. plurality opinion
    4. dissenting opinion
    5. per curiam opinion
  2. Who were the main players? Johnson
  3. What was the issue at hand? Is burning a flag okay?
  4. What was the Constitutional issue? Is burning a flag free speech? yep! (sets the stage for symbolic speech)
  5. Did judicial restraint play a role?
  6. Did judicial activism play a role?
  7. Was there a precedent that influenced the case?
  8. What were the extra-legal factors that impacted the case?
  9. Did this case impact policy making through judicial implementation and if so, how?

//Board of Education, Island Trees Union Free School District v. Pico//
  1. Was it a (pg. 367)
    1. majority opinion
    2. concurring opinion
    3. plurality opinion
    4. dissenting opinion
    5. per curiam opinion
  2. Who were the main players?Island trees Union free school district
  3. What was the issue at hand? Board removed books from the school library for content. Board members hadn't even read most of the books. Three high school students and one junior high student brought action against the school board. Four supreme court justices ruled that it was unconstitutional to remove the books. Teachers can't remove books based on religious/ political content.
  4. What was the Constitutional issue?
  5. Did judicial restraint play a role?no
  6. Did judicial activism play a role?yes
  7. Was there a precedent that influenced the case?Tinker vs. Desmoins, WV Board of Education vs. Banett
  8. What were the extra-legal factors that impacted the case?
  9. Did this case impact policy making through judicial implementation and if so, how? No banning books but not as influentional.

Hazelwood School District v. Kuhlmeier,
  1. Was it a (pg. 367)
    1. majority opinion
    2. concurring opinion
    3. plurality opinion
    4. dissenting opinion
    5. per curiam opinion
  2. Who were the main players?
  3. What was the issue at hand?Journalism class at Hazelwood printed stories about a pregnant person at their school under a different name and somebody's father. Principle said you can't print this and other students work got cut out too because he cut out whole pages. Didn't ask the students. Class said in violated 1st amendment rights. Supreme court ruled that it was a violation of their 1st amendment rights (of the students). Schools have an obligation to expose children to things that are age appropriate.
  4. What was the Constitutional issue? Freedom of press
  5. Did judicial restraint play a role?
  6. Did judicial activism play a role?
  7. Was there a precedent that influenced the case?
  8. What were the extra-legal factors that impacted the case?
  9. Did this case impact policy making through judicial implementation and if so, how?