Civil Liberties Test Post

Civil Liberties Post

What happens when freedoms and protections collide?

The First Amendment to the United States Constitution is a part of the Bill of Rights. This Amendment prohibits the congress from making laws “respecting an establishment of religion,” advancing the free exercise of religion, and infringing on the freedom on the freedom of speech and on the freedom of the press. The Santa Fe v. Doe case in 1965 was about school prayer at after school functions. The District adopted a new policy, which permitted, but did not require, student-initiated and student-led prayer at all the home games. This led to two student elections. The first determining "invocations" should be delivered at games, and the second election was to decide who the spokesperson was going to be to deliver the prayers at each game. The Santa Fe Independent School District's policy permitting student-led, student-initiated prayer at football games does violate the Establishment Clause of the First Amendment because the court concluded that the authorized school prayers at football games were public speech and weren’t allowed to on government owned property at government-sponsored school related activities. Although religion has the free exercise clause where the government cannot prevent people from exercising a religion, since this is at a public school function, students are not allowed to practice one certain religion with the public. When freedoms and Protections collide in this situation, freedom of speech and religion are being denied for the protection of speech and religion. What I mean by that is freedoms are being denied because the freedom of sharing religion with public life is not protection of all religions. Not everyone has the same religion, and since prayers at home football games, is not inside the school, one cannot promote a certain religion at public games. This is protecting citizens of the community from practicing other religions that are not their own and protecting one culrures religion from another.


The Fourth Amendment is the “right for the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” In the New Jersey v. T.L.O case, a fourteen-year-old girl was accused of smoking in the girls’ bathroom of her high school. The principal at the school searched her purse and found a bag of marijuana and other drug paraphernalia in the purse. Citing the peculiarities associated with searches on school grounds, the Court abandoned its requirement that searches be conducted only when a "probable cause" exists that an individual has violated the law. In this case, this was not a violation of the fourth or the fourteenth amendment. This case is an example of protections in school v. out of school because the school is protecting students and faculty from their health and doing what is right. Freedoms and Protections collide here because the principal has the freedom and the probable casue to search the purse because of school rules.

Another case that does not violate the Fourth Amendment is the Veronica School District 47 v. Acton. In this case, high school athletes participated in drug use. School officials were worried and concerned that the uses of drugs were increasing the risk of sport related injuries. The Veronica School district decided to adopt the student drug policy which allows random urinalysis drug testing of student athletes. James Acton was denied from the football program when he and his parents refused to agree to the drug testing. This is a case that doesn’t violate the fourth amendment because once again this is on school grounds, and the school district has the right to do whatever it takes to keep their student population and school environment safe and drug free. Freedoms and Protections collide in the school because it is saying that even though people have freedom to use drugs; this school is protecting their school campus to be drug free. Schools want their students to be able to learn in environment that is protected and be safe and know that it is a safe place to be, with rules and regulations that follow the laws. These freedoms and protections are different then outside of school because outside of school, people don’t necessarily have to follow school ground rules.

The fourteenth Amendment protects rights against state infringements, defines citizenship, prohibits states from interfering with privileges and immunities, requires due process and equal protection, punishes states for denying vote, and disqualifies Confederate officials and debts. The Goss v. Lopez Case is about nine students at two high schools and one junior high that were given a 10 day suspension from school. The school principal did not give the students hearings before ordering the suspensions. This is a violation to the fourteenth amendment because in a 5-to-4 decision, the court held; Ohio had chosen to extend the right to an education to its citizens. The court found that students facing suspension should at minimum be given a notice and be able to get some kind of hearing. Freedoms and Protection collide in this case because, the students should have the freedom of having a hearing for their suspension. Protections collide with this because the school thinks that they are doing the student a favor by protecting them by suspending them, and that way they will learn. This is more of an inside school rather than outside school problem because this has to do with suspensions and the school principal not holding hearings for the students.