The Pentagon Papers set the precedent.

By: Paul Ji

In 1971, The New York Times sued the United States Defense Department for trying to stop them from publishing “the Pentagon Papers” because they had the right to publish whatever they want to under the 1st Amendment.

The newspaper had obtained a copy of documents known as “The Pentagon Papers,” which was an internal Defense Department report that detailed government deception with regard to the Vietnam War, illegally.  It revealed that the Johnson Administration had deceived Congress and the American people.

The New United States district court in New York, acting at the government’s request, issued a court order that directed the New York Times not to publish the documents.  The government believed that the publication of the papers would endanger the security of the nation, but the New York Times appealed to the United States Supreme Court arguing that this order violated the 1st Amendment.

The United States government argued that the 1st Amendment does not guarantee absolute freedom of the press, especially when it endangered the nation.  They believed that just like the press had the responsibility to inform the public, the government had the duty to protect the nation’s security.  They were afraid that the publication of these documents would establish a dangerous precedent for future cases.

However, the Court ruled in favor of the New York Times, stating that the Constitution and its amendments are indeed absolute.  Also, the government failed to demonstrate how the publication of the Pentagon Papers would endanger national security.

This case became a precedent for many other lawsuits to come infringing upon the 1st Amendment.

Work Cited

-“New York Times Co. V. United States.” Cornell University Law School. http://www.law.cornell.edu/supct/html/historics/USSC_CR_0403_0713_ZS.html (accessed September 24, 2012).

Work Battle for Women with Preschool Kids.

By: Ibis Almada

On December 9th 1970 Mrs. Ida Phillips started an action in the U.S Direct Court for the middle district of Florida, claiming she had been denied employment because of her sex.

Martin Marietta Corporation had a policy that did not accept mothers with pre-school age kids to be hired.  Mrs. Phillips applied and was not hired, when men on her same situation got hired. Mrs. Phillips sued the company under title VII claiming that the policy was discriminatory. The final decision was made on January 25th 1971 when the Supreme Court then decided that the policy was discriminate of sex basis and gave the case to lower court for trial. This case was the first discrimination case under Title VII to reach to the Supreme Court.

The public reacted saying that if would have been more relevant to the performance of the job then it could have been argued by the basis of distinctions under (703) (e) of the Act.

Section 703 of the Act, 78 Stat, 42 U.S.C. 2000e-2  says “It shall be unlawful employment practice for any employer to fail or refuse to hire or to discharge any individual because of such individual’s race, color, religion, sex, or national origins……”

In the end Mrs. Phillips won the case, the Supreme Court decided that the policy was discriminate of sex. Therefore now all women and men can not be denied a job because of their sex, race, color, religion, or nationality since it is now part of the Act.

Work Cited

-Phillips v. Martin, 400 U.S 542 (1971). http://caselaw.lp.findlaw.com/scripts/getcase.plnavby=case&court=us&vol=400&invol=542

9 Made the Difference.

By: Katherine Szetu

In 1954  the Supreme Court made the crucial decision of declaring segregation by race in public education unconstitutional.

Moreover, in 1955 the court encouraged the states to fight segregation, and the federal districts were ordered to supervised the process.

State legislatures and school boards worked on the process of integration; nonetheless, there were states and schools that did not accept it, such as Little Rock Central High School located in Arkansas.

Little Rock Central High School was a school for white people, until the decision Brown Vs. Board of Education of Topeka made. Nine african americans were allowed to enter the school.

Thelma Mothershed, Elizabeth Eckford, Melba Pattillo, Jefferson Thomas, Ernest Green, Minnijean Brown, Carlotta Walls, Terrence Roberts and Gloria Ray.

However, neither the people or the governor approve this decision. Therefore, from the very first day of school the new students encountered hardships.

When they tried to attend school the first day, they met a white angry mob and the National Guard, which had been call  by Arkansas governor, Orval Faubus, in order to prevent their enrollment. So they could not go to school the first day.

The current president at that time, Eisenhower, had to intervene by bringing the U.S. Army’s famous 101st Airborne Division to protect the nine African Americans. The students got to go to school, but once they were inside it was like fighting a war.

They were harassed, beaten, insulted and mocked, but they decided to stay. There courage  made a difference, they help end school segregation in the United States.

Work Cited

-McClenaghan, William A., and Frank Abbott Magruder. Magruder’s American government. Boston, Mass.: Pearson, 2004.

Plessy lost! The law was separate but equal.

By: John Mark Shorack

In this year, 1896, after a long fought battle the Supreme Court upheld Judge Ferguson’s ruling. The Louisiana law that makes railway companies segregate white and black iin different coaches is constitutional (McClenaghan et al. 2009, 619).

The court decided the 14th amendment was “not intended to give Negroes social equality” (McClenaghan et al. 2009, 810) and due to this believe that the Louisiana law was constitutional and they could segregate white coaches from black ones.

It all started, in Louisiana where a law states that railroads must “provide equal but separate accommodations for the white and colored races.” Homer Plessy was less than half African-American and decided he wanted to sit in the white coach. Once he had sat down, he was asked to go to the black coach, but he refused to leave. He was then arrested (McClenaghan et al. 2009, 619). At first he was taken to the Louisiana Court where Judge Ferguson ruled the law constitutional. Then he appealed to the Supreme Court arguing that his “equal protection of the laws” was infringed upon (McClenaghan et al. 2009, 810).

After the long debates, and sessions the Supreme Court upheld Fergusson’s ruling. They decided that the Louisiana law segregating races was constitutional because it allows equal facilities for each of the races. Everything was then equal but separate (McClenaghan et al. 2009, 619).

Works Cited

-McClenaghan, William A., and Frank Abbott Magruder. Magruder’s American government. Boston, Mass.: Pearson, 2009.