ERIC Number: ED426485
Record Type: Non-Journal
Publication Date: 1997-Sep
Reference Count: N/A
Supreme Court in Review--1996-97.
Gregory, Gwendolyn H.
Inquiry & Analysis, p1-8 Sep 1997
In 1996 and 1997, the Supreme Court declared five acts of Congress to be unconstitutional. An overview of these decisions is offered in this article. It opens with a discussion of those acts that violated the First Amendment. These decisions dealt with the constitutionality of Arizona's "official English" statute; the Communications Decency Act, which criminalized the knowing transmission of obscene or indecent messages over the Internet to any recipient under 18; and a case involving the establishment of religion in the schools. Other cases involved Fourth Amendment rights, due process, and Congressional powers under Article 5 of the 14th Amendment, which relates to the Congressional Act that requires states and local jurisdictions to justify any restriction which "substantially burdens" the free exercise of religion by showing that the restriction furthers a compelling state interest and is the least restrictive means of furthering that interest. Cases that pertained to the 11th Amendment are also addressed: universities' immunity to a breach-of-contract action, municipal liability for single acts of employees, an appeal of interlocutory orders, and components of Title VII of the Civil Rights Act of 1964. Other acts affected by Court decisions included the Voting Rights Act, the Fair Labor Standards Act, the Individuals with Disabilities Act, and Title IX of the Education Amendments of 1972. (RJM)
Descriptors: Constitutional Law, Court Litigation, Educational Legislation, Elementary Secondary Education, Higher Education, School Law
NSBA Council of School Attorneys, 1680 Duke Street, Alexandria, VA 22314 (by subscription: $75 for 6 bimonthly issues).
Publication Type: Journal Articles; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: National School Boards Association, Alexandria, VA. Council of School Attorneys.