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Oneill - Civil #1
Oneill -Civil Right and Liberties (Judicial Interpretation)
| Question | Answer |
|---|---|
| - What is sexual harassment? | The Supreme Court has held that harassment can take two forms. First, it is illegal for someone to request sexual favors as a condition of employment or promotion. Second, an employer cannot permit a work environment that has been made hostile. |
| - What is symbolic speech? | Symbolic speech refers to unspoken illustrated methods of protest. Similar to pure speech, it is protected when it does not incite violence or cause a clear and present danger to public welfare. |
| - Are students in public schools granted the right of freedom of press? | No. The United States Supreme Court in Hazelwood School District v. Kuhlmeier (1988) upheld the right of public high school administrators to censor stories from a school-sponsored student newspaper. |
| - What is the role of the police in protecting the rights of the accused, as guaranteed by the Fifth and Sixth Amendment? | In the 1966 case Miranda v. Arizona, the Supreme Court decided that when police arrest a suspect they must inform the suspect of his or her constitutional rights to remain silent and to consult with an attorney |
| - Do public school students enjoy the same protections as adults with regards to the Fourth Amendment protection against unreasonable search and seizure? | No. The Supreme Court found in New Jersey v. T.L.O. (1985) that the Fourth Amendment does not apply to students in schools because they do not and should not have the rights afforded to adults in the criminal justice system. Why? To protect students |
| - How have the rights of disabled persons been protected by law? | In 1990, the Americans with Disabilities Act was passed, which states that disabled persons may not be denied employment or promotion, equal access to government programs and transportation, or access to public accommodations. |
| - What precedent was set by Gideon v. Wainwright? | The 1963 decision set the precedent that in capital cases, when a defendant is too poor to hire an attorney, the state must provide an attorney for the defendant in order to assure a fair trial. |
| - What are gag orders, and are they legal? | Gag orders are restrictions placed on the press by judges trying to ensure a fair trial. The Supreme Court ruling unanimously in Nebraska Press v Stuart (1976), found that gag orders violate the first Amendment. |
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