civil libertys (Kenneth Weissheimer)

The question of when protections outweigh our civil liberties is the central problem that all nations must confront. The public good must overrule individual freedoms at some point but when that should happen is widely debated. The bill of rights which contains the first ten amendments outlines the rights of the individual and so is key when protections and freedoms collide.
The Case of Texas Vs Johnson is a landmark case that deals with the freedoms promised in the first amendment. In this case an individual was fined $2000 dollars for burning an American flag in protest. The display may have been insulting to some people however the desecration of the flag was protected by the first amendment as a form of free expression and didn’t cause true harm. This is an important case for even though the US is not a ideal democracy in that the representation of the population in government is imperfect it is essential that the ideas of the people are not oppressed. A second important freedom expressed in the first amendment is the freedom of the press came into play in the landmark case of Near VS Minnesota. In this case a Governor stopped a paper from publishing a story that would have hurt his political aspirations. By stopping the paper the governor violated the first amendment (it is important to note that the story was true and therefore was not Libel).
Another important right at the core of American government is the right to due process that is given by the 5th and 6th amendments. In the case of Miranda Vs Arizona the defendant confessed to a crime without being made aware of his rights. Due to the rights given by the 5th amendment the confession could not be used because he was interrogated without notification of his rights. The right to due process also promises the right to a state funded attorney as promised by the 6th amendment. In the case of Gideon Vs Wainright Gideon was denied a attorney and so eventually had his case overturned.