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Betts was indicted for robbery and detained in aMaryland jail. Prior to his trial, he asked for counsel to representhim. This request was denied and he was soon convicted. Whileincarcerated, Betts filed a habeas corpus petition in the lowercourts. After they rejected his petitions, he filed a certioraripetition with the Supreme Court, which agreed to hear his case. Bettargued that his 6th Amendment right to a fair trial was violatedbecause of his lack of counsel. The State of Maryland held that moststates did not require the appointment of counsel in non-capitalcases and the circumstances of this particular case did not requireit.
By an 80 vote, the Court decided thatPresident Nixon must hand over the specific tapes and documents tothe Special Prosecutor. Presidential power is not above the law. Itcannot protect evidence that may be used in a criminal trial.
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The Court repeated its recognition of an interestin protecting minors from exposure to vulgar and offensive spokenlanguage. Even in a heated political discourse among adults, theCourt emphasized the need for consideration for the personalsensibilities of the audience. "A high school assembly or classroomis no place for a sexually explicit monologue directed towards anunsuspecting audience of teenage students." The Court also statedthat the school regulation and the negative reactions of two teachersgave Fraser sufficient notice that his speech might result in hissuspension.
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The Supreme Court of the United States ruled infavor of the students, saying that the books were not requiredreading. According to Justice Brennan, who cited West Virginia Boardof Education v. Bamette, 319 U.S.624 (1943), "Local school boards maynot remove books from school library shelves simply because theydislike the ideas contained in these books and seek by their removalto prescribe what shall be orthodox in politics, nationalism,religion, or other matters of opinion." He also cited Tinker v. DesMoines School District, 393 U.S.503 (1969), saying that high schoolstudents have First Amendment rights in the classroom. Although theschools have a right to determine the content of their libraries,they may not interfere with a student's right to learn. Therefore,the schools may not control their libraries in a manner that resultsin a narrow, partisan view of certain matters of opinion. The Courtstood against the removal or suppression of ideas in schools.
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Johnson's conviction was overturned by theSupremeCourt of Texas, which ruled that this mode of self-expression wasprotected under the First Amendment to theConstitution. The SupremeCourt upheld this ruling, stating the flag burning was "expressiveconduct" because it was an attemptto "convey a particularizedmessage."
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The Supreme Court of the United States said thateducation is a property interest protected by the FourteenthAmendment's due process clause and any suspension requires priornotice and a hearing. Permitting suspension without a hearing is,therefore, unconstitutional. The Court said that oral or writtennotice of the charges brought against a student must be given to thestudent who is being suspended for more than a trivial period. If hedenies the charges, the student must be given a hearing. The hearingmay be an informal one where the student is simply given anexplanation of the evidence against him and an opportunity to tellhis side of the story. (Source - PATCH - See link below)