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Judicial System Precedent

Judicial System: Precedents. Judicial System Precedent. Precedent. Definition: A decision that provides the basis for decision in future similar cases Use:

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Judicial System Precedent

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  1. Judicial System: Precedents Judicial System Precedent

  2. Precedent • Definition: • A decision that provides the basis for decision in future similar cases • Use: • If a court has already ruled on a given legal issue and another case arises with the same legal issue, the decision in the previous case will be applied to the new case

  3. Precedents in Action: Free Speech in Schools • Tinker v. Des Moines (1969) • Decision: students have the right to express themselves in school so long as their conduct does not impinge on the rights of others • Hazelwood School District v. Kuhlmeier (1988) • Decision: Schools can censor school newspapers because (1) school newspaper implies the school agrees with the content, and (2) the school had to look out for other students’ privacy concerns • Morse v. Frederick (2008) • Decision: students do not have the right to promote speech at a school event that could be interpreted as advocating the use of illegal drugs.

  4. Free Speech in Schools:The Evolution of Precedent • Precedent: • 1969-1988: • You can express yourself in school if you’re not being disruptive • 1988-2008: • You can express yourself in school if you’re not being disruptive, but the school can censor the newspaper • 2008-present: • You can express yourself in school if you’re not being disruptive, but the school can censor their newspaper. You also cannot promote illegal drug use at school or school events.

  5. Your Turn • Half the class will be given Free Speech cases. The other half will receive privacy cases. • Your job is to read through your cases, the constitutional question involved, and the court’s decision. • Then, answer the following questions: • How does each case change the interpretation of free speech / right to privacy? (4-part question) • Evolution of a precedent: How does each case uphold the precedent set in the first case? How does it add or modify it? (4-part question) • Does the ruling of the court in the LAST case invalidate the ruling of the court in the FIRST case? EXPLAIN!

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