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Articles 1 - 3 of 3
Full-Text Articles in Law
Digitus Impudicus: The Middle Finger And The Law, Ira Robbins
Digitus Impudicus: The Middle Finger And The Law, Ira Robbins
Articles in Law Reviews & Other Academic Journals
The middle finger is one of the most commonly used insulting gestures in the United States. The finger, which is used to convey a wide range of emotions, is visible on streets and highways, in schools, shopping malls, and sporting events, in courts and execution chambers, in advertisements and on magazine covers, and even on the hallowed floor of the United States Senate. Despite its ubiquity, however, as a number of recent cases demonstrate, those who use the middle finger in public run the risk of being stopped, arrested, prosecuted, fined, and even incarcerated under disorderly conduct or breach of …
Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert Tsai
Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert Tsai
Articles in Law Reviews & Other Academic Journals
In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis that the First Amendment posed no barrier to the punishment of two school age Jehovah's Witnesses who refused to pay homage to the American flag. Three years later, the Justices reversed themselves in West Virginia State Board of Education v. Barnette. This sudden change has prompted a host of explanations. Some observers have stressed changes in judicial personnel in the intervening years; others have pointed to the wax and wane of general anxieties over the war; still others have emphasized the sympathy-inspiring acts of …
Student Speech: The Enduring Greatness Of Tinker, Jamin B. Raskin
Student Speech: The Enduring Greatness Of Tinker, Jamin B. Raskin
Articles in Law Reviews & Other Academic Journals
The Supreme Court's decision in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), did for the ideal of freedom in America's public schools what Brown v. Board of Education, 347 U.S. 483 (1954), did for the ideal of equality. It made a core value of the Bill of Rights spring to life for young people facing unjust policies and authoritarian treatment at the hands of adult officials in local school systems. In his remarkable opinion for the majority, Justice Abe Fortas upheld thirteen-year-old Mary Beth Tinker's First Amendment right to wear a black antiwar armband to …