You Be The Judge

Example

• Fox broadcasting is televising the Super Bowl this year. They have hired Lady Gaga to perform during the Halftime show. In the contract Fox forced Lady Gaga 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. Lady Gaga 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.

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1st (Freedom of Speech/Expression)

– Not a violation by Fox. Private entities can restrict speech in situations like this.

You Be the Judge 1

• Sarah, a devout student at Jefferson Middle School, is chosen to speak at a school assembly about leadership. She plans to mention how her faith has guided her in making positive choices.
• The school administration learns of this and forbids her from including religious references, stating that it could be seen as endorsing religion at a public school event.

You Be the Judge 2

• 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.

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You Be the Judge 3

• 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.

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You Be the Judge 4

• 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. 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.

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You Be the Judge 5

• 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.

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You Be the Judge 6

• A citizen is arrested by the police and accused of murder. When the suspect is brought to the police station the police tell him he must answer questions about alleged murder before he is allowed to contact anyone, including a lawyer.

You Be the Judge 7

• Mrs. Jones hears a knock at the door. She opens the door and finds 3 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.

You Be the Judge 8

• In the middle of a screening of The Guardians of the Galaxy 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.

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You Be the Judge 9

• 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, she is told, "Too bad, you have 30 days to get out."

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You Be the Judge 10

• Officer Taylor sets up a random checkpoint on a quiet suburban street to check for any unregistered vehicles and expired licenses. When Sarah, a high school student, is stopped, the officer gets into her vehicle and search's her car. Sarah is confused since she wasn't doing anything wrong. The officer states it’s just a routine safety check.

Answers?

Key:

1. 1st Schools cannot promote religion, but students’ personal expressions of faith are generally protected.
2. 1st (Speech/expression) – Yes a violation by the state. Brown v. Entertainment Merchants Assn., a 7-2 decision in 2010.
3. 2nd – Unclear if it is 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.
4. 1st (Speech/Expressions) – Yes a violation by the school. Tinker vs. Des Moines School District, 7-2 in 1969
5. 4th (Search and Seizure) – Not violation. New Jersey vs. T.L.O, 6-3 in 1985. The student being caught smoking provided “reasonable cause.”

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Key

6. 5^th (Self Incrimination) – Yes a violation. Miranda vs. Arizona, 1966. 5-4

7. 4^th (search and seizure) – Unclear. 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.

8. 1^st (speech/expression) – Not a violation. Schenck vs. United States 1919. 9-0. Speech may be limited when it creates a “clear and present danger that brings substantive evils” to others.
9. 5^th (Eminent Domain) – Not a violation as long as she is paid for her home. Tons of cases make this legal and in Kelo vs. New London even taking the her home for another private company was made legal as long as the new owners improved the overall public good.

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Key

10. Yes, it would likely be a violation. The random traffic stop itself might be questionable if it wasn't part of an approved safety checkpoint, and searching Sarah's car without probable cause, reasonable suspicion, or her consent would violate the Fourth Amendment