Other 1st Amendment Rights and 2nd Amendment Rights Freedom of Expression, Press, Assembly & a Right to Bear Arms

Morse v Fredricks A student in Alaska raised a “bong hits for Jesus” banner at a school assembly. It was taken down and he was suspended, he sued. Is the sign at a school, event protected by free speech? No, the encouragement of drug use is contrary to the schools message to stop students for using drugs and its not a protected right. “Students 1st Amendment Rights aren’t as enjoyed as those by adults out in the public. https://www.youtube.com/watch?v=6x5hLOd-vUU

Bethel v Fraser At a school assembly of approximately 600 high school students, Matthew Fraser made a speech nominating a fellow student for elective office. In his speech, Fraser used what some observers believed was a graphic sexual metaphor to promote the candidacy of his friend. Fraser was suspended from school for two days. Does the First Amendment prevent a school district from disciplining a high school student for giving a lewd speech at a high school assembly? The Court found that it was appropriate for the school to prohibit the use of vulgar and offensive language. The court concluded that the First Amendment did not prohibit schools from prohibiting vulgar and lewd speech since such discourse was inconsistent with the "fundamental values of public school education."

Miller v California Miller an advertising company, sent out “adult advertising” in the mail? Is the obscene mail protected by the freedom of expression? No, Court creates obscenity test. A, whether 'the average person, applying contemporary community standards' would find that the work, offensive (b) whether the work depicts or describes, in a patently offensive way, (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.“

Dale v BSA James Dale, a homosexual & gay-rights activist, was also a member of the Boy Scouts. He was eventually kicked out because his lifestyle went against the views of the BSA. He sues the BSA. Do the BSA have the right of association to discriminate against certain members? Yes. Allowing gays to serve to in leadership role goes directly against the values of the BSA and have the right to bar them from membership.

Press Cases NY Times v US- Nixon tried to stop release of details about Vietnam. Court ruled that govt did not have reasonable “prior restraint” to stop the paper. (Government cannot hide behind security for a means to stop the press) Hustler v Falwell- Ruled that public figures are subject too “actual malice” (knowledge that the information is wrong) and cannot sue for damages.

DC v Heller After the District of Columbia passed legislation barring the registration of handguns, requiring licenses for all pistols, and mandating that all legal firearms must be kept unloaded and disassembled or trigger locked, a group of private gun-owners brought suit claiming the laws violated their Second Amendment right to bear arms. (DC bans handguns for citizens) DC 2nd largest gun crime riddled city. DC States that gun rights only apply to those affiliated with the militia (military) or law enforcement https://www.youtube.com/watch?v=9m6Ep9LucTk

DC v Heller Majority: the Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes. Dissenting: only protects the rights of individuals to bear arms as part of a well-regulated state militia, not for other purposes even if they are lawful.

McDonald v Chicago Chicago, #1 city of gun related violence in America, has many gun restriction similar to DC. Suit was brought against Chicago stating that the 2nd Amendment also applies to state and local governments. ?: Does the 2nd Amendment apply to state and local govts? Ruling: Yes, the 14th amendments privileges and immunities clause allots for the 2nd amendment to be applied to the states.

14th Amendment Just for fun no notes Lets keep track of all the things the 14th Amendment allots for according to the Supreme Court. Gun Rights… Civil Rights… Marriage Rights… Reproductive Rights… Rights of “undocumented” immigrants…