Freedoms are the most important things that we have as Americans. They are the foundation which this country has been built on. Although they are the bedrock of this country, they are times which we sometimes must sacrifice our freedoms in order to be protected. This conflict is a major one, and has evolved through various Supreme Court cases. When this collision of freedoms and protections occur, life is improved for Americans.
The 1st amendment is the most important one; it gives us freedom to say what we desire, although there are some limitations. In the case of Near v. Minnesota, the state of Minnesota believed that Near was going beyond these limitations by publishing stories in a newspaper which linked local officials to gang activity. Near believed that he was perfectly within his 1st amendment rights because the story was true, even if it did hurt the officials’ reputations. The Supreme Court ruled in favor of Near, saying that freedom of speech and the press is one of the most important freedoms in America, and is at the heart of the constitution. In this case, freedoms won over protection. The local officials did not need protection from the articles being published, because all the articles were doing was pointing out the officials’ mistakes, and everything in the article was factual. This case set a precedent that articles, or any speech, which are completely true should not be censored.
While the ruling on Near v. Minnesota was in favor of free speech, this was not true in the case of Bethel v. Fraser. In this case Fraser, a student, was giving a speech at an assembly and used a sexual metaphor. The school decided that this was obscene, and they suspended him for it. He then took the case to the Supreme Court. While Fraser believed his speech to be perfectly within his 1st amendment rights (he was not harming anyone with what he was saying) the school thought that his speech was inappropriate and he did not have the right to say what he did. The Supreme Court ruled in favor of the school, saying that the school has the right to censor speech which it believes is not consistent with the fundamental values of a public school education, so long as it is not political speech. In this case, protections win over freedoms. The school suspended Fraser because it was trying to protect younger students who may not be ready to be exposed to sexual subjects. Even though Fraser believed that his freedoms were being compromised, ultimately it is the schools duty to protect all of its students from speech which they may not be mature enough to handle.
The 4th amendment is also an important, so that we may be protected from our own government. In the case of Mapp v. Ohio this conflict is seen. Mapp’s house was searched because the police believed a suspect in a recent bombing may have been hiding there. In their search they did not find the suspect, but they did find obscene materials, and Mapp was charged with possession of these. The case was brought to the Supreme Court, and the court ruled that if evidence is found in an illegal search, one that breaks the 4th amendment, any evidence found in this search may not be used in court. This case gave Americans a great deal of protection from their own government. If this case had not set the precedent it did, Americans would have to fear illegal searches of their own property from the government, but with the ruling anything that was found in a search without a warrant would mean nothing.
In the court case of Miranda v. Arizona, they issue of the 5th amendment is addressed. Miranda was accused of kidnapping and rape, and the victim identified him as the perpetrator. He was then interrogated, and signed a confession. Although he confessed, he was not informed that he had a right to an attorney, and that anything he said could be used against him in court. Because he was never informed that he had these rights, his confession was not valid in court. This is another huge protection for the citizens against the government. It allows everyone to be informed of what rights they have, no matter who they are.
