a
You be the Judge
For each of the following scenarios write down which amendment applies and whether or not you think that amendment was violated in this situation.
Fox broadcasting is televising the Super Bowl this year. They have hired Cardi B to perform during the Halftime show. In the contract Fox forced Cardi B to agree to change some of her song lyrics to be family appropriate. They argued that millions of people watch the Super Bowl and many of them are young kids. Cardi B said that she made artistic choices in her songs and would “sing whatever I want.” Fox said that if she did, she would not be paid for the performance.
Violation
Not a Violation
Private entities can restrict speech in situations like this. In fact, even the government could since it is a televised event broadcast on government-owned airwaves.
1st Amendment
California passed a law in 2010 banning the sale of violent games to children under 18. Any business caught selling these games to minors would have to pay a fine of $20,000 to the government per violation.
Violation
Not a Violation
Brown v. Entertainment Merchants Assn., a 7-2 decision in 2010 determined that violent video games fall under the category of free speech so the government cannot stop their sale.
1st Amendment
Jennifer is attracted to power. She decided to order a rocket launcher online. Two days later police showed up at her door and told her that not only could she not buy a rocket launcher but they’d be watching her closely from that point on.
2nd Amendment
Violation
Not a Violation
There appears to not be any distinct rulings on this. It may, in fact, come down to whether or not said rocket launcher is handheld or not. Given the PATRIOT act it does seem that legislatively putting someone on a watch list is legal – the Constitutionality based on purchasing a weapon is unclear
?
The United States is involved in a controversial war. To show their opposition to the war, two students wear black armbands to their public school, even though the school has a policy against wearing them. The students were suspended. School officials say the policy against armbands is to avoid arguments or fights between students who support the war and those who oppose the war.
Violation
Not a Violation
Tinker vs. Des Moines School District, 7-2 in 1969.
Schools can violate certain rights for safety reasons but this was not one of them.
1st Amendment
A high school student is caught smoking cigarettes in a public school’s bathroom. The Vice Principal searches her purse and finds cigarettes and rolling papers which are associated with marijuana use. The Vice Principal then searches the purse further finding marijuana and evidence that the student was dealing marijuana to other students. School authorities call the police and the state brings charges against the student.
Violation
Not a Violation
The Supreme Court in New Jersey vs. T.L.O decided 6-3 in 1985 that the student being caught smoking provided “reasonable cause” for a search.
4th Amendment
A citizen is arrested by the police and accused of murder. When the suspect is brought to the police station the police tell him that due to safety concerns he must answer questions about the alleged murder before he is allowed to contact anyone, including a lawyer.
Violation
Not a Violation
The Supreme Court in Miranda vs. Arizona, 1964 decided 5-4 that suspects had not only had rights but had to have those rights told to them directly before any type of questioning.
5th Amendment
Mrs. Jones hears a knock at the door. She opens the door and finds 2 FBI agents asking if they can come into her home to talk about neighborhood safety. She is very friendly and so she says yes. One of the agents asks to use the restroom and she says “of course.” While in the restroom the officer sees illegal drugs in the medicine cabinet. Mrs. Jones is immediately arrested and taken to jail.
Come on man, I gotta go.
Relax, just this last house then we’ll head back.
No, I mean I gotta “go!”
4th Amendment
Violation
Not a Violation
By allowing the officers into her home she gave a form of consent (if not a consent to search). If the officer was looking into the medicine cabinet for a valid reason (I needed to floss!) then it is probably legal. If he was looking for drugs specifically then it is probably illegal as he had no probable cause to look into the cabinet, even with some form of consent.
?
In the middle of a screening of Halloween at the local movie theater Johnny Jerkface yelled “Fire!” even though there was no fire. The entire theater was evacuated. Johnny was fined $2,000 for disrupting the peace.
Violation
Not a Violation
The Supreme Court in Schenck vs. United States 1919 decided 9-0 that speech may be limited when it creates a “clear and present danger that brings substantive evils” to others. However, that was later interpreted to only include when the words actually lead others to harm. In any case, don’t do it.
1st Amendment
Gina DeLong has lived in her home for 26 years. During that time, the city has tripled in population, traffic is a mess, and there just are not enough roads. Tuesday morning the sheriff came to her house and told her that she had to move because a new road was going to be built right through her house. When she complains that she has lived there for so long and doesn't want to move even if they pay her, she is told, "Too bad, you have 30 days to get out."
Violation
Not a Violation
As long as she is paid for the home this is not a violation. This has been affirmed by the Supreme Court many times “for the public good.” Recently in Kelo vs. New London the court decided that even private companies can buy out homes if it is for the public good.
5th Amendment