Test Post

When freedoms and protections collide, the US government is forced to react according to the amendments of the Bill of Rights. This allows for impartial decision making and a fair justice system for all, in which everyone is protected to the same extent.
In Texas V. Johnosn, Johnson burned a flag in protest of Reagan’s policies and was arrested under Texas law and fined $2000 along with a year in jail. His rights under the first amendment protected him from prosecution and the Supreme Court overruled his conviction because his freedom of speech and expression did not violate anyone else’s rights; it was simply offensive to many people. This freedom of speech is essential in our democracy because it allows for people to express their opinions in ways that are able to receive attention. As long as those around us aren’t affected or forced to listen to our protests, their protections are not being violated and the government must step back.
Although Johnson’s act was legal, doing something profane in a public institution such as a school, is illegal due to the fact that others are forced to witness the event and said event could be considered offensive. In Bethel V. Fraser, Matthew Fraser made a profane speech in front of his fellow classmates at a school assembly and was suspended for it. Because of his choice to make so many sexual inuendos in the middle of a school speech, the Supreme Court decided it was legal for him to be suspended. Although he had freedom of speech, the people’s protections who were listening to the speech were more powerful because his speech was “inconsistent with the fundamental values of public school education”.
Without our protections, the government would be simply too powerful and people would be unable to do anything without fear of prosecution. Not only do protections apply to citizens, but to the government as well. In Gideon V. Wainright, Gideon was charged with breaking and entering but was not given representation by the Florida court because it was going to be a quick case due to him pleading guilty. Under the 14th amendment, Gideon had the right to a lawyer and since he was not given one, it also violated his rights under the 6th amendment. Without representation, people would be unable to win in a court case or at least defend themselves if they did not have the proper funds. The government would be able to punish anyone they felt necessary and our freedoms would be held back dramatically.
In order to protect ourselves from the government, we are protected by the 4th amendment which protects against illegal search and seizure. If this didn’t exist government officials could search homes and disrupt our freedoms constantly and without opposition. Mapp V. Ohio solidified this amendment because Mapp was accused of having obscene materials after an illegal police search. People cannot be prosecuted because the police have done an illegal act to prosecute them. Mapp could not be convicted because she had her rights under the 4th amendment and therefore all evidence was void in the case.
In conclusion, when freedoms and protections collide, the government must step in with impartial decisions and follow the bill of rights as well as they can in order to protect the freedoms of everyone.