When freedoms and protections collide there is usually an uproar over the result whether it be positive or negative. freedom of the press is one of our most protected rights but like all has restrictions that prevent some outlandish things from being published. in the case of Near vs. Minnesota, Near wanted to publish an article on a public official but was stopped by the state. this act of stopping violated the 1st amendment which is unconstitutional therefore Near was wronged and won his case. on the other hand students do not have the same rights when school is in session. in the case of Hazelwood vs. Kuhlmeier, a school Principal withheld the publication of a school newspaper article that they felt was inappropriate. the court ruled in favor of the principal because schools are not required to promote student speech through school funding.
Freedom of speech is also a very controversial right in that there is so much that can be said that is not protected in everyday life. in the case of Johnson vs. Texas, Johnson was charged with burning the flag in Texas. the courts were forced to rule in favor of Johnson because flag burning is a form of free speech even though it violates the unenforced flag code.
Due process may be one of our most important rights for those of us who tend to seek a more adventurous lifestyle. our Miranda rights come from the case of Miranda vs. Arizona. Miranda gave oral admissions without being notified of his right to counsel and was unlawfully held for 5 days. the court ruled in favor of Miranda in that the prosecutors could not use these statements against him in court. as far as school sanctioned rights to due process, students have similar rights. in the case of Goss vs. Lopez a student received a 10 day suspension from school without a preliminary hearing although the law did not require it. the ruling ended in favor of the defendant that the suspension violated the Ohio's right to an education and that students should be given notice of their punishment and have the opportunity to have a hearing prior to their punishment.
so as seen above many of our freedoms are proven to be controversial but effective in our society. it seems that with freedom of speech and freedom of the press that anything that does not inflict harm among any person or group of people, it is ok to be as expressive as possible within our governments limitations. the right to due process again is of top importance within our society as we can be arrested for just about anything today.
Scott Speer