Cbl Supreme Court

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Transcript of Cbl Supreme Court

Page 2: Cbl Supreme Court

•Jane Roe was a pregnant single women living in Texas that wanted an abortion.• The state of Texas had a law preventing women from receiving abortions and a law preventing women from traveling to other states to get abortions.• Jane Roe filed a law suit against Wade, the District Attorney where she lived.• Roe argued that the law violated the fourteenth amendment, which provides equal protection of the laws and a guarantee of personal liberty, and a woman’s right to privacy implicitly guaranteed in the First, Fourth, Fifth, Ninth, and Fourteenth Amendments.

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ROE V. WADE

• Roe argued that the law violated the fourteenth amendment, which provides equal protection of the laws and a guarantee of personal liberty, and a woman’s right to privacy implicitly guaranteed in the First, Fourth, Fifth, Ninth, and Fourteenth Amendments.

• The state argued that, “the right to life of the unborn child is superior to the right to privacy of the mother.”

• The court of Texas ruled in favor of Roe but then it was directly appealed to the Supreme Court. The Supreme Court Ruled in favor of Roe, in a 7-2 opinion. the Court decided that (a) during the first trimester of pregnancy a woman could have an abortion on demand without interference from the state; (b) during the second trimester the state could regulate abortions for safety but could not prohibit them entirely; and (c) during the third trimester, the state could regulate or forbid all abortions except to save the life of the mother.

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Hazelwood V. Kuhlmeier

• In May, 1983 students in the Journalism II Class at Hazelwood H.S. produced the final edit of the school paper “The Spectrum”.

• The students included articles that may have been considered controversial covering the topics of teen pregnancy and divorce.

• Principal Robert Reynolds was concerned about the two articles. • Mr. Reynolds did not want the students to read the testimonies of pregnant

teens and children of divorced parents, he believed it was inappropriate for the younger students.

• In order to have the paper published on time the students had to delete the pages containing these articles.

• The students believed that their first amendment rights were violated and took their case to the U.S. District court for the Eastern District of Missouri.

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Hazelwood V. Kuhlmeier

• The Case was first brought to the U.S. District Court for the Eastern District of Missouri. The students argued that their first amendment rights were violated. The court ruled that the students rights were not violated stating school officials have the ability to impose restraints on students speech if they have a substantial reason.

• The students were not happy with the decision and took the case to the U.S. Court of Appeals. The court of appeals ruled that the students freedom of press was violated because the school paper is a public forum and they could not be censored

• The decision was again reversed in the Supreme Court of the United States. The Supreme court ruled that the school did not violate the students rights by exercising editorial control over the students speech in a school sponsored paper.