THE
DECISIONS OF THE
FALL 2009
DECISIONS
College Newspaper’s Alcohol Ads
Restricted
Pitt News v Pappert
Are
restrictions on alcohol ads placed only on a school’s newspaper a violation of
the First Amendment?
3-0
Yes.
10-harry-kirsten-alcohol-ads.htm
Father’s child support for child he did
not want to have
Dubay v Wells
Are
the constitutional rights of the father of a child he did not want to have
infringed if forced to provide for support for the child?
3-0
No.
10-laura-lewis-dad-support-child.htm
Fast Food Liability and Labeling for
Unhealthful Foods
Pelman v
McDonald’s
Is
McDonald’s liable for health harms to Pelman?
3-0
No.
Is
McDonald’s required to provide nutrition labeling in store in New York?
3-0
Yes.
Are
Restaurants with unhealthful food required to provide nutritional labeling and
warnings in store?
2-1
No.
10-johnhenry-ryan-mcdonalds-liability.htm
Handgun Ban
District of Columbia v Heller
May
a city or state ban handguns consistent with the Second Amendment?
2-1
No.
10-kayla-melissa-gun-rights.htm
Bong Hits for Jesus: Punishing Student
Message
Morse v Frederick
May
a Principle penalize a student for expressing a potentially pro-drug message at
a school-public event?
3-0
No.
10-molly-galen-bong-hits-for-jesus.htm
Life Imprisonment without Parole
Graham v Florida
May
an individual convicted of a non-violent offense be sentenced to life
imprisonment without parole?
3-0
No.
10-jake-josh-life-without-parole.htm
State Rights re Guns near a School
US v Lopez
May
the federal government regulate guns near schools?
2-1
Yes.
SPRING 2008
DECISIONS
Bong Hits for Jesus: Punishing Student Message
Morse
v Frederick
May
a Principle penalize a student for expressing a potentially pro-drug message at
a school-public event?
3-0
No.
08-sarah-nick-bong-hits-for-jesus.htm
Eminent Domain for Public Project using
Private Development
Kelo v
New London
May
the government use eminent domain for a public project that uses private
development?
2-1
No.
08-roman-griff-new-london-eminent-domain.htm
EPA Regulation of CO2—Greenhouse Gases
Massachusetts
v EPA
Is
CO2 an air pollutant and does the EPA have a legal obligation to regulate it?
3-0
Yes.
Music File Sharing
Virgin
et al v Thomas
Did
Thomas illegally share music files?
3-0
Yes
Should
she be fined stringently?
3-0
No.
08-aisha-galen-music-files.htm
Mandatory Flag Salutes
Barnette
v West Virginia
Shall
Jehovah’s Witnesses be required to do the Pledge of Allegiance in School?
3-0
No.
08-paul-mollie-w-virginia-flag.htm
Florida Presidential Vote Recount
Bush
v Gore
Shall
Florida recount votes in 4 counties in the 2000 Presidential Election?
3-0
Yes.
08-gabriela-kramer-gore-bush.htm
Sex Toy Sales
Texas
v Reliable Consultants
May
a state restrict the sale, exchange, and promotion of sex toys on the basis of
their alleged obscene nature?
2-0
No.
Religious Group Meeting after Hours at
a School
Good
News Club v Milford
Shall
a religious group engaged in religious expression and activities be allowed to
meet at a public school after hours?
3-0
No.
08-lauren-lauren-religious-group-in-school.htm
Silence as Admission in a Criminal
Trial
Oregon
v Clark
Is
silence in response to another person’s accusation of intent to murder
admissible in trial?
2-0
Yes.
08-liz-clark-oregon-silence-admission.htm
SPRING 2006
DECISIONS
Gay Marriage
Morrison
v. Sadler
Is
there a constitutional right to same sex marriage?
3-0
Yes.
06-kevin-nicole-gay-marriage.htm
Eminent Domain
Kelo v.
May
the government take homes for the purpose of a project developed by private
entities but approved by a city council for public purposes?
2-1
No.
06-austin-garrett-eminent-domain.htm
Military Recruiting
Rumsfeld
v. FAIR
May
the government cut federal funds to schools that refuse to permit military
recruiting?
3-0
Yes.
06-chris-megan-military-recruiting.htm
Virtual Child Pornography
Ashcroft
v. Free Speech Coalition
Does
the CPPA restrict child pornography in a constitutional manner?
3-0
No.
Resale of Imported Copyrighted works
Quality
King Distributors v. L’anza
Does
2-1
Yes.
06-jason-nathan-resale-of-us-products.htm
Right to Die
Gonzalez
v.
Does
the Attorney General have the power to restrict
3-0
Yes but with a dissenting in part.
06-maggie-tom-right-to-die.htm
Detaining American Citizens without a
hearing
Hamdi
v. Rumsfeld
Does
the indefinite detention of American Citizens during a time of war violate the
Constitution?
2-1
No.
06-adam-matt-hamdi-detention.htm
Executing Juveniles
Simmons
v. Roper
Does
the execution of juveniles violate the 8th amendment of the
Constitution?
2-1
No.
06-nat-booch-juvenile-executions.htm
Victim Impact Statements in Capital
Trials
Booth
v.
Does
the use of victim impact statements in capital trials violate the Constitution?
Further, does the death penalty violate the Constitution?
3-0
Yes and 2-1 Yes.
06-nav-booch-victim-impact-statements.htm
SPRING 2004
DECISIONS
Racial Profiling Case--
Is
the 4th amendment right against unreasonable search and seizure
violated when a policy officer seeking to apprehend “Mexicans” with
Majority
Opinion: 4th amendment is violated
Dissenting
Opinion: 4th amendment is not violated
Free Speech in Advertising—Nike
NIKE, INC., Defendant - Appellant, v.
MARC KASKY, Plaintiff – Respondent
Does
Majority
Opinion: Yes,
Child Pornography Protection Act
JOHN ASHCROFT, Defendant - Appellant, v.
ACLU, Plaintiff – Respondent
Does
the government’s attempt to restrict what appears to be child pornography
violate the First Amendment?
Majority
Opinion: Yes.
Miranda Rights and Resulting Evidence--Patane
UNITED STATES v. PATANE
Is
an officer required to complete the Miranda rights when the accused says he
knows those rights? Is the gathering of evidence for the courtroom permitted
when Miranda rights are violated?
Majority
Opinion: Yes officers must complete the statement of Miranda rights. Evidence
gathering is permitted but only when it would inevitably be discovered.
Execution of Mentally Retarded and . .
.--Atkins
Atkins v.
Is the execution of mentally retarded individuals
constitutionally permitted? Is the execution of any individual constitutionally
permitted?
Majority Opinion: Execution of the mentally retarded,
indeed anyone, is no longer constitutional.
Publishing Negative Information about a
Man . . . Uranga
Fred Uranga
v.
Is
a newspaper liable for reprinting a government document naming a person as being
involved in behavior that might hurt that person’s reputation even though the
newspaper does not know whether the person really did engage in that behavior?
Majority
Opinion: The newspaper is not liable.
Affirmative Action at the
Grutter v.
Bollinger
Is
the
Majority
Opinion: Yes so long as no substantially more qualified individual is denied
admission while a substantially less qualified individual is admitted.
Eagles excluding women
Fraternal Order of Eagles, Tenino Aerie v. Grand Aerie Fraternal Order of
Eagles
Is
the Eagles organization a private organization and hence not required to permit
women to participate?
Majority
Opinion: Yes.