Girlow had been charged with teaching the necessity and duty to overthrow the government, and Court voted 7 to 2 to uphold Gitlow's conviction for violating the 1902 New York Criminal Anarchy Act.
Just like Miller v. California, I think he deserves to go to jail for influencing people with preaching and teacher this idea of overthrowing government.
Little project done by students.
The Act defined \criminal anarchy as "the doctrine that organized government should be overthrown by force or violence, or by assassination of the executive head or any of the executive officials of government, or by any unlawful means."
Monday, April 25, 2011
Brown v. Board of Education of Topeka, Kansas (1954)
Black children had been denied admission to segregated white public schools and the U.S, Supreme Court concluded that segregation of black school children "generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone... And language in Plessy v. Ferguson contrary to this finding is rejected."
I totally agree with this decision, because the I do believe that the moment they separate people, the inequality will begin.
Brown v. Board is different from Sweatt v. Painter because for Sweatt v. Painter had held that black people must be admitted to the previously segregated University of Texas Law school because no separation but equal facility existed in the state, but Brown v. Board did not have that.
I totally agree with this decision, because the I do believe that the moment they separate people, the inequality will begin.
Brown v. Board is different from Sweatt v. Painter because for Sweatt v. Painter had held that black people must be admitted to the previously segregated University of Texas Law school because no separation but equal facility existed in the state, but Brown v. Board did not have that.
Gideon v. Wainwright (1963)
Clarence Earl Gideon was arrested for breaking into a Florida pool with the intention to burglarize it, and the court refused to give him a court-appointed attorney, and he ended up losing and sentenced to five years imprisonment. However, he wrote a handwritten petition requesting the U.S. Supreme Court to accept his case on appeal and the Court found in Gideon's favor, overturning Betts v. Brady.
I personally do not like this one because this man clearly was guilty, but because the attorney was not given to him. It went against the constitution, but still, I find this not fair.
Gideon sent handwritten petition to Supreme Court for repeal
Gideon sent handwritten petition to Supreme Court for repeal
Miranda v. Arizona (1966)
Miranda was arrested by phoenix police for questioning on charges of kidnapping and rape, but he was not advised neither of his right to an attorney nor of his right to remain silent. And after two hours of interrogation, he signed a written confession, and was later found guilty. However, the Supreme Court in a 5 to 4 vote overturned Miranda's conviction because it went against the Fifth Amendment.
I do not know what to say for this one, because I do not know if Miranda really is guilty or not, however, it went against the Fifth Amendment, so I agree with Supreme Court's decision, but at the same time, if he really was guilty but got released because he was not advised neither of his right to an attorney nor of his right to remain silent, I would've felt bad.
Little summary of Miranda Law.
Fifth Amendment guarantees that "on person... shall be compelled in any criminal case to be a witness against himself."
I do not know what to say for this one, because I do not know if Miranda really is guilty or not, however, it went against the Fifth Amendment, so I agree with Supreme Court's decision, but at the same time, if he really was guilty but got released because he was not advised neither of his right to an attorney nor of his right to remain silent, I would've felt bad.
Little summary of Miranda Law.
Fifth Amendment guarantees that "on person... shall be compelled in any criminal case to be a witness against himself."
Regents of the University of California v. Bakke (1978)
UC Davis set up the special admissions for minority, but because of that, Alan Bakke could not get into Davis even though he is qualified to get into the school. And Supreme Court ruled that the University's minority admissions program violated the equal protection clause, although a properly devised program could well be constitutional.
The article said the Fourteenth Amendment do not belong to classes but to individuals. Which means, it does not belongs to minority class, but belongs to individuals like, Bakke.
The article said the Fourteenth Amendment do not belong to classes but to individuals. Which means, it does not belongs to minority class, but belongs to individuals like, Bakke.
Miller v. California (1973)
Miller was prosecuted under California's obscenity laws and found guilty for mailings adult books and films, and the Court in 1973 voted 5 to 4 in California's favor.Although finding guilty for expressing free speech and a free press is against the first amendment, I do think the Court made a right decision, because it is just not right.
This guy got adult magazine, and is freaked out about it.
I do not think "free" speech or "free" press mean that persons or materials that they produce should be allowed to exist with no regulation or restrictions because if there is no regulation, terrorist might express free speech and free press to confuse Americans and put this country in danger.
Sunday, April 24, 2011
Plessy v. Ferguson (1896)
Homer Plessy, one-eighth black person, was arrested and ordered imprisoned, for sitting in the white section of a train, and refusing to give up his seat. Justice Henry Brown won the case with 7 to 1 vote but he still had to pay $20 fine and spend 25 day in prison.
Even though Justice Henry Brown won the case, I still do not understand why Plessy had to pay fine and spend his night at jail.
This is the brief summary of Plessy v. Ferguson, and it has a nice song.
Justice Brown said Fourteenth Amendment aimed strictly "to enforce the absolute equality of the two races before the law." So, he thinks according to Fourteenth Amendment, everybody should be treated equally.
Even though Justice Henry Brown won the case, I still do not understand why Plessy had to pay fine and spend his night at jail.
This is the brief summary of Plessy v. Ferguson, and it has a nice song.
Justice Brown said Fourteenth Amendment aimed strictly "to enforce the absolute equality of the two races before the law." So, he thinks according to Fourteenth Amendment, everybody should be treated equally.
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