Ch. 7 Test: Freedoms v. Protection

The American people are given a lot of leeway in terms what they can and cannot do in America. They are allowed to say whatever they want to say as long as it is not threatening to American ideals. In Near v. Minnesota, Near was barred from publishing a defaming article about a public official. The Supreme Court ruled that prior restraint is unconstitutional. Under the 1st Amendment, American citizens are allowed to speak or write whatever they want as long as it is not libel, dangerous, incendiary, or vulgar. This amendment protects people from lies and danger, but allows Americans to speak their mind freely in a public setting.
While citizens can publish just about anything, the case is very different in schools. In Hazelwood v. Kuhlmeier, Hazelwood was not allowed to publish a racy article in the school paper. The Supreme Court took the school’s side, saying that En Loco Parentis enables the school to censor things they feel are inappropriate in the school setting. So while there is a lot of freedom in America in terms of free speech, there is a larger emphasis on protection in the school setting.
One of the biggest ideals in America is freedom, and losing that freedom due to criminal acts is a big deal. The issue of citizen’s knowing their rights before they are convicted of a crime is crucial to maintaining freedom. In Miranda v. Arizona, the Supreme Court upheld the idea that citizens must be read their full list of rights prior to being arrested. This action allows citizens to be fully aware of their rights and powers so they can maintain their freedom. In this case, freedom is more important than protection because before a person is proven to have committed a crime, they deserve all of the freedoms provided under the constitution.
On the same note, citizens should be allowed to have an equal chance of maintaining their freedom when accused of a crime. In the case of Gideon v. Wainright, the Supreme Court ruled that it was unconstitutional for Gideon to be tried without an attorney offered to him. When the state accuses someone of a crime, they will have lawyers present to prove that person guilty. Because the accused is still a free American citizen, they should deserve the same means to defend themselves with as the state has to accuse them with. This is why the 8th Amendment promises an attorney to the accused so they can fairly defend themselves in the often confusing court of law. This amendment favors American’s freedoms over their protections, giving everyone a fair chance at defending themselves when accused.