Background[ edit ] Samuel Austin Worcester was a missionary to the Cherokeetranslator of the Bible, printer, and defender of the Cherokee's sovereignty. During this period, the westward push of European-American settlers from coastal areas was continually encroaching on Cherokee territory, even after they had made some land cessions to the US government. With the help of Worcester and his sponsor, the American Boardthey made a plan to fight the encroachment by using the courts.
He became Chief Justice in It resulted in a victory for three Amish families in rural Wisconsin who were testing the guarantee of religious freedom. When the Internal Revenue Service declared in that private schools discriminating against blacks could no longer claim tax-exempt status, the action went largely unnoticed by the public.
Init became prime-time news when two religious schools having admission policies based on race sought to regain tax-favored status and the case reached the Supreme Court. Counsel for Bob Jones University and Goldsboro Christian School argued that their policies were based on sincerely held religious beliefs.
But the Court ruled that the First Amendment did not prevent denial of tax-favored status. Eliminating racial discrimination in education substantially outweighed any burden placed on the free exercise of religion, according to the eight-to-one majority.
In another highly publicized case, a year later, it ruled that a Nativity scene displayed at Christmastime by the city of Pawtucket, Rhode Island, did not violate the Constitution. The long-standing controversy over religion in public schools took yet another form in The Court struck down an Alabama law that permitted a moment of silence in schools for prayer or mediation.
Justice John Paul Stevens, speaking for the Court, said that the law had no secular purpose, but rather was designed to encourage students to pray. Are religious groups free, under the First Amendment, to distribute literature other than in designated locations in state fairgrounds in disregard of rules applied to all exhibitors?
The Court said no in Are privately owned shopping malls subject to free speech requirements as old-fashioned Main Streets are? In one case the answer was a qualified yes; in another, a qualified no.
Most Americans take freedom of speech and of the press as the most evident and absolute of rights, guaranteed by the First Amendment. Yet in the last three decades, the Supreme Court has been called upon to decide more cases concerning freedom of the press than in the previous years.
Controversies involving the press and the broadcast media are extensively reported by them, fairly in their own eyes and in those of some observers, not always so fairly in the eyes of others.
In the s, the press was "subjected to a judicial battering that has been more serious and more fundamental, than the assaults that were mounted in more parlous days," an attorney representing press interests asserted in a weekly magazine article. Free to reply to such criticism when he retired from the Court inAssociate Justice Potter Stewart said that the notion that "traditional protections are being ignored or disregarded or destroyed is a completely fallacious thought.
The government saw grave dangers to U. Within two weeks the case reached the Supreme Court, which heard arguments on June 26 and announced its decision on June Once again, as it has through the years, the Court refused to countenance restraint prior to publication.
In a brief decision, the Court observed that any system of prior restraint bears "a heavy presumption against its constitutional validity.
Among the majority, Justice William J. Brennan denounced prior restraint in nearly absolute terms, but he conceded that in wartime there might be a "single, extremely narrow" class of exceptions.The Making of Modern Law: U.S.
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