Interpreting the Bill of Rights

 Judges - interpret meaning of citizens’ rights 1. local judges 2. states judges 3. Supreme Court *Decisions of the ‘Court’ are presented as case studies- descriptions of situations or conflicts, the issues involved, and the decisions made.

 Des, Moines Iowa (1965) - Mary Beth Tinker and Christopher Eckhardt - protesting the Vietnam War - wore black arm- bands to school

 The Case *Once school officials learned about the protest... - school officials forbade the armbands - students wore the armbands anyway and were suspended

 Argument - parents: - students were being denied their rights - did not disrupt classes - did not interfere with other students’ rights - school: - ‘armband rule’ preserved discipline - schools not places for political demonstrations

 Court’s Decision -What was the court’s decision on the case?

 Court’s Decision - local and state court - armband rule was necessary - avoided disruption of classes - Supreme Court - form of ‘speech’- symbols representing ideas - did not interfere with students’ right to education

 Background ( ) ’s Adolf Hitler Nazi Party - attacked Jews throughout Germany

 Skokie, Illinois (1977) - town included 40,000 Jews - many survived Nazi camps (and many relatives did not) -American Nazi Party wanted to march through Skokie with large black swastika (symbol of Nazi Party)  To prevent march… - group would have to obtain $350,000 of insurance

 Argument: - people against ‘march’: - “freedom of expression has no meaning when it defends those who would end this right for others” - American Civil Liberties Union (ACLU): - “the First Amendment has to be for everyone- or it will be for no one”

 Appealing the Case - What was the court’s decision on the case?

 June 14, Supreme Court - Protecting 1 st Amendment Rights - Skokie law requiring insurance violated First Amendment (limited freedoms of speech/assembly) - right to distribute materials expressing hatred (First Amendment protects expression of all ideas)

- Symbols as Speech - swastika was not banned - Market of Ideas - amendment protects popular and unpopular ideas

 Judge Learned Hand - defender of free speech - “by respecting one another’s rights, we help guarantee that the Bill of Rights survives”