Constitutional Debate

Please summarize the key decision made by the courts in these cases based on your WTP presentations and textbook readings.

• 1. Plessy v. Ferguson

  2. Brown v. Board of Education

  3. Little Rock 9

  4. Drew v. United States

  5. Gitlow v. New York

  6. Craig v. Boren

  7. Stanton v. Stanton

  8. Hirabayashi v. United States

  9. Boy Scouts of America v. Dale

  10. US v. Nixon

  11. Gideon V. Wainwright

  12. Obergefell v. Hodges

  13. Tinker v. DesMoines

For Wednesday, please locate your constitutional scenario and notes from handouts we distributed last month. If you have misplaced them, I have attached copies. For Wednesday's homework. please summarize the facts of your case from your position as a lawyer for the plaintiff or defendant for paragraph #1 of your persuasive essay. The content checklist for the essay is also attached if you need more guidance.

For Thursday, please write paragraph 2 of your persuasive essay. Again, refer to the content checklist if you are not sure what to discuss.

For Friday, please write a journal entry on one of the following news broadcasts below using the standard rubric (also attached). If you opt to do more then one, they will be extra credit. The First Amendment protects freedom of speech.... but.....

Facebook case: http://www.wkyc.com/news/crime/think-twice-before-posting-on-social-media/426781050

Snapchat case: http://www.wtae.com/article/it-was-a-stupid-mistake-cop-s-snapchat-photo-with-racial-slur-costs-her-2-jobs/7482332

Twitter case: http://www.mercurynews.com/2015/10/21/san-jose-police-officer-fired-for-combative-tweets-on-black-lives-matter/

Politics case: Research the Hatch Act and apply it to this case: http://denver.cbslocal.com/2017/02/02/top-denver-secret-service-agent-suspended/ (you must include info on what the Hatch Act is!)

Constitutional Law Scenarios

Scenario #1

Christine Vienonen was a student at Elmira College. She was evicted from her dorm room without reimbursement for the actions of a visitor. While she was at work, her visitor and roommate hosted a party with marijuana and underage drinking. Campus security responded and made arrests. The school has a policy that makes the student responsible for their visitors, so she was evicted.

Amendments:

Vienonen:

Elmira College:

Scenario #2

Brandon Jelliff was a student at the GST TEC Center New Visions class. He is an honors student who is always willing to go above and beyond and tries to think outside of the box to get his points across. For example, he won 1^st Place at Regional and State SkillsUSA competition for Chapter Display in which he created an interactive moving statue to promote leadership and excellence. With his teacher’s consent, he did a class presentation about freedom of expression outside on the hill by B-12, approximately 20 feet from the building. During it, he burned a small American flag. He had a fire extinguisher handy, and is trained as a volunteer firefighter in the Watkins Glen Fire Department. He was suspended for 5 days and was denied an honors certificate because his total absences (15) exceeded the campus policy. Now he does not qualify for the free college credit he otherwise would have achieved and he will not be eligible for several scholarships.

Amendments:

Jelliff:

GST BOCES:

Scenario #3

Amanda Linehan is a single mom in the Elmira area. She works as a teacher aide for GST BOCES and as a cashier at Jubilee but makes very little money. Her child’s father does not pay any support. She qualifies for government assistance and Medicare. She has passed the NYS Trooper civil service exam, fitness test, lie detector, drug test, and background check. The only test impeding her from hire is the eye sight requirement. She wants Medicare to cover elective lasik surgery. She knows she can get a high-paying job that will be a good career and get her off the public welfare system, but they have refused her request.

Amendments:

Linehan:

State of NY Medicare:

Scenario # 4

The Village of Elmira Heights passed an ordinance stating that anyone arrested for DWI would have the vehicle confiscated and ownership transferred to the village. Jon King loaned his new car to his best friend. The friend was arrested for DWI. Jon King’s car was confiscated. Jon is an honors students studying criminal justice at CCC, a volunteer firefighter, and a part-time Security officer at Arnot Mall. He needs his car to work, go to school, and be a volunteer in his community.

Amendments:

Jon King:

EHPD:

Scenario #5

Madge Kramarik is an elderly widow who lives at Hawthorne Court. Hawthorne Court has a regulation for residents whose lease is government funded that says they will be evicted if any drugs are found on the property. Madge’s 16-year old grandson spends most weekends with her while his mother works. He was caught passing a joint with friends in the stairwell. Her grandson says the joint was not his. He was in the group and he was passing it on to someone else – he says he did not actually inhale. He is fully cooperative and admits being in the wrong place, at the wrong time, with the wrong people. The judge gives him a conditional discharge and Joey Kramarik stays out of trouble for the 6 months required. In the meanwhile, the report goes through channels at Hawthorne Court. Madge receives a certified latter stating she will be evicted for her grandson’s actions. She has never been in trouble with the law or failed to pay her rent on time. She has been a perfect tenant for 26 years.

Amendments:

Kramarik:

Hawthorne Court:

Scenario# 6

Steven Levey is a Horseheads alumni and member of the US Army. He has served with distinction and won several promotions and honors for his service and professionalism during two deployments to Iraq. He was home on leave and was asked to come to the BOCES to discuss his job as a Military Police Officer. He came to campus straight from weapons practice at the range.

While on campus he drove over a nail left by the carpentry class and got a flat tire. When he opened the trunk to change it, his unloaded weapon was observed by a passerby. The passerby – a school secretary – called 911 and the school resource officer was dispatched. Levey made a comment to the SRO about the situation being “just dumb stupid dumbness” and was arrested for having a weapon on campus. Upon conviction he is re-assigned to another position in the military and demoted.

Amendments:

Levey:

US Military:

Scenario #7

Tracy Rozpad and Matt Mulich are students in the GST BOCES Criminal Justice Program. They created a Facebook page on their own called “GST BOCES CJ Class.” They did not adjust settings so everything is open to public view. They comment on the class, the principal, the teacher, assignments, projects, internships, and their peers. They even share homework and test questions to help their friends study. Everything they say is factually true… but sometimes they are very “direct” with what they comment on. When someone got arrested, they shared the news and details. When someone got pregnant, they shared the news and speculated on the father. When someone’s brother was listed as a sexual offender, they posted the link to the state registry site. When someone in their class attempted suicide, they suggested ways that that person and few others in the class could be successful the next time the thoughts occurred. They never post during class time. They post entries on the bus or after school hours. They are suspended for five days for posting on the site and the principal insists they close it down.

Amendments:

Rozpad & Mulich:

GST BOCES:

Scenario #8 King v. State of New York

Jon King was stopped for a violation of vehicle and traffic law 1180. In the front seat in plain view the police officer observed a printed copy of registered gun owners in NYS and handwritten check marks next to 3 of the names. The name corresponded with 3 residences that had recently been burglarized and had weapons stolen. The officer insisted Mr. King opens his trunk. In it, the officer found two weapons matching the serial numbers of the guns stolen. Mr. King was arrested for burglary, larceny, possession of burglar tools (the list), and criminal possession of stolen property. Mr. King believes that the printed list is free information and is not sufficient grounds to search further. The State of NY believes the list should be considered a burglar tool.

Amendments:

King:

NYS:

Scenario #9 Proctor v. State of New York

Steven Proctor is a college student in Mansfield, PA. While visiting his mother in Horseheads, New York he was stopped for having a headlight out. His vehicle description matched that of one seen leaving the scene of a home burglary (remember scenario #3). The officer stated there was a tire iron left at the crime scene and said, “Of course it’s up to you, but if you show me your tire iron is in the trunk, then I will know that you are not one I’m looking for.” Proctor consents to open the trunk. Once open the police officer observed two AR-15 type high capacity (30 round) magazines in the trunk. The magazines belong to Proctor. He bought them legally in PA. He is arrested for possessing them in NY.

Mr. Proctor believes that he should not be held responsible for a police-provoked search for unrelated items and that items legal in one state should be legal in all states. The State of NY disagrees.

Amendments:

Proctor:

NYS:

Scenario #10 Summers v. State of NY

Amber Summers is a pre-law student at SUNY Albany. While she was at work, her roommate hosted a party with underage drinking and marijuana. Campus peace officers responded, observed the illegal substances in plain view, and made arrests. While searching the room for additional drugs, campus police found a loaded handgun registered to Ms. Summers. School policy allows the weapon, however, the gun was not secured with a trigger guard or in a gun safe. In the course of their investigation officers determined that the roommate had a prior criminal history for a domestic violence misdemeanor offense. Upon her return home, Summers was arrested for having an unsecured weapon in a residence in which a convicted domestic violence offender resides. Summers believes she should not be considered guilty because she did not know her roommate was an offender and she had no voice in who her roommate on campus would be. The State of NY believes that ignorance is not a lawful defense.

Amendments:

Summers:

NYS:

Scenario #11 Borden v. NY

Bri Borden was a security officer at Arnot Ogden Hospital. She had a valid concealed carry permit issued by the Chemung County Sheriffs Department. She brought her legal, registered weapon to work. While working alone on a weekend shift, she was injured when an ambulance struck the security vehicle she was driving, and she was taken to the ER. ER staff removed the weapon but left it unattended in the examining room. A local recidivist entered the ER through a propped door with the intent of committing larcenies. He stole the gun, and used it to commit a robbery on a staff member later that night. Borden was fired for contributing to a crime at the property she was assigned to protect. Borden believes the firing is not just.

Scenario #12 Duffy v. NY

Louis Duffy was an alum of the GST BOCES CJ program, and was waiting to enter the USMC for Military Police pending recovery from a high school football injury that had required surgery after graduation. One day he was asked to help an acquaintance – a local businessman - with repairs to his seasonal cottage. The businessman invited him to spend the night at his home so they could drive out very early to start work on the seasonal property. Duffy agreed. The businessman’s home was an apartment above a bar. The businessman invited Duffy to have a few drinks at his bar. Duffy was underage, but he did so. He woke up in bed with the business. He believed the businessman had drugged his drinks so he would have sex with him. He pulled out a gun his brother gave him for self defense and shot/killed the businessman. He was arrested by police a few hours later. When police started to give Miranda, he said he already knew it, then cooperated fully – confessing to the shooting and telling them where he hid the gun. Duffy’s lawyer wants the confession and evidence tossed out of court.

Scenario #13

Here is information on how to cite the US Constitution. You may follow these directions or use Noodle Tools Express

Here is the corrected video -uploaded after class on Friday.