Which theory of democracy does each case fit into?
Tinker vs Des Moines - on exam
Summary: Students in Des Moines held a meeting to plan a public showing of their support for a truce in the Vietnam war. The principals of the Des Moines school learned of the plan and met on December 14 to create a policy that stated that any student wearing an armband would be asked to remove it, with refusal to do so resulting in suspension. Through their parents, the students sued the school district for violating the students’ right of expression and sought an injunction to prevent the school district from disciplining the students. The Court ruled 7-2 that schools cannot restrict student expression unless it causes “material and substantial disruption” to the educational environment.
This is Participatory democracy, because it is individuals joining together to try to create change through the form of protest
Citizens United vs FEC - on exam
Summary: In a 5-4 decision in 2010, the Supreme Court ruled in Citizens United v. FECthat the First Amendment prohibits the government from restricting independent political spending by corporations and unions. The Court held that such restrictions on political speech based on the speaker’s corporate identity are unconstitutional, allowing corporations and unions to spend money to advocate for or against candidates in elections through independent expenditures, provided these expenditures are not coordinated with a candidate’s campaign.
This is Elite democracy because it has to do with groups of people joining together to fund a political party. If you have more money your voice is automatically louder.
Texas vs Johnson
Summary: In Texas v. Johnson (1989), the U.S. Supreme Court ruled 5-4 that Gregory Lee Johnson’s act of burning the American flag was a form of symbolic speech protected by the First Amendment. The Court held that a government cannot prohibit the expression of an idea, even if offensive, simply because society disagrees with it, establishing that the flag is a symbol whose meaning cannot be restricted by the government.
This is an example of participatory democracy because it has to do with an individual person and their rights being infringed.
Kelo vs New London
Summary: Kelo v. City of New London (2005) was a landmark Supreme Court case where the city of New London, Connecticut, used eminent domain to seize private homes for a private economic development project, arguing it served a “public use”.The Court ruled 5-4 in favor of the city, establishing that economic development could qualify as public use xunder the Fifth Amendment’s Takings Clause. This decision sparked significant public backlash, leading to over 40 states enacting laws to restrict eminent domain for private development
This is an example of Elite democracy because the decisions were made by a city government without being started by the people, and being sold to private contractors.