Changes

The hippies and others who disliked authority and tradition had help from our court system, and particularly from the "Warren Court."  Just as an "Administration" is named after the president at the time (e.g., the "Truman Administration"), a period of time on the Supreme Court is named after the person who was the Chief Justice at the time (e.g., the "Warren Court" refers the Supreme Court years when Earl Warren was Chief Justice).  

The hippies and others who disliked authority and tradition had help from our court system, and particularly from the "Warren Court."  Just as an "Administration" is named after the president at the time (e.g., the "Truman Administration"), a period of time on the Supreme Court is named after the person who was the Chief Justice at the time (e.g., the "Warren Court" refers the Supreme Court years when Earl Warren was Chief Justice).  

Earl Warren was appointed to the Supreme Court in 1953 based on a political bargain with President Eisenhower.  When Eisenhower was in a close race for the Republican nomination for president in 1952 (against the more conservative Robert Taft), Warren was governor of California and promised the support of the California delegation to Eisenhower if he would promise to appoint Warren to fill the first vacancy on the U.S. Supreme Court.  By chance, that first vacancy in 1953 (after Eisenhower was elected president) was the position of Chief Justice, and Warren threatened to speak out against Eisenhower if he did not honor the deal.  Eisenhower then appointed him.  Warren then became the most "activist" Chief Justice in the history of the Court.

Earl Warren was appointed to the Supreme Court in 1953 based on a political bargain with President Eisenhower.  When Eisenhower was in a close race for the Republican nomination for president in 1952 (against the more conservative Robert Taft), Warren was governor of California and promised the support of the California delegation to Eisenhower if he would promise to appoint Warren to fill the first vacancy on the U.S. Supreme Court.  By chance, that first vacancy in 1953 (after Eisenhower was elected president) was the position of Chief Justice, and Warren threatened to speak out against Eisenhower if he did not honor the deal.  Eisenhower then nominated him, and the U.S. Senate confirmed him (approved the nomination by a majority vote).  Warren then became the most "activist" Chief Justice in the history of the Court.

In fact, Chief Justice Earl Warren was probably the most powerful person in all of American politics during his service from 1953 to 1969.  The Warren Court was an "activist court," extending judicial powers into areas where it previously showed restraint.  For example, the Warren Court applied the Bill of Rights against the States, despite their clear language and intent to apply only against the federal government.  On a more controversial level, the Warren Court expanded the power of the Supreme Court and invented many new constitutional rights, while denying the rights of teachers and students to begin class with a prayer.   

In fact, Chief Justice Earl Warren was probably the most powerful person in all of American politics during his service from 1953 to 1969.  The Warren Court was an "activist court," extending judicial powers into areas where it previously showed restraint.  For example, the Warren Court applied the Bill of Rights against the States, despite their clear language and intent to apply only against the federal government.  On a more controversial level, the Warren Court expanded the power of the Supreme Court and invented many new constitutional rights, while denying the rights of teachers and students to begin class with a prayer.   

*''Escobedo v. Illinois'' (1964): requiring police to provide a suspect with a lawyer, at taxpayer expense, during police interrogation, if the suspect requests one.

*''Escobedo v. Illinois'' (1964): requiring police to provide a suspect with a lawyer, at taxpayer expense, during police interrogation, if the suspect requests one.

*''Miranda v. Arizona'' (1966), establishing strict standards for how police may ask questions of suspects, requiring the police first to recite this "Miranda warning":  you have the right to remain silent, anything you say can and will be held against you, you have a right to an attorney, and an attorney will be appointed for you if you cannot afford one.

*''Miranda v. Arizona'' (1966), establishing strict standards for how police may ask questions of suspects, requiring the police first to recite this "Miranda warning":  "you have the right to remain silent, anything you say can and will be held against you, you have a right to an attorney, and an attorney will be appointed for you if you cannot afford one."

'''Debate:  Do you think criminal suspects are entitled to these new rights?'''

'''Debate:  Do you think criminal suspects are entitled to these new rights?'''

The Warren Court was "activist" in additional ways.  It established a precedent that the government may take private property from one person and give it to another, which had previously never been allowed under the doctrine of eminent domain.  Before this ruling, eminent domain was limited to the taking of private property for public use, such as building a road or government building.  This decision was ''[[Berman v. Parker]]'' (1954) and it approved the taking of many privately owned homes in D.C. in order to convert the property into a new development of stores.

The Warren Court was "activist" in additional ways.  It established a precedent that the government may take private property from one person and give it to another, which had previously never been allowed under the doctrine of eminent domain.  Before this ruling, eminent domain was limited to the taking of private property for public use, such as building a road or government building.  This decision was ''[[Berman v. Parker]]'' (1954) and it approved the taking of many privately owned homes in D.C. in order to convert the property into a new development of stores.

The Warren Court invalidated many state and local laws that protected society against the evil of pornography and its terrible emotional and mental effects on those victimized by it, and addicted to it.  The harm caused by pornography to the mind lasts for a long time afterward, because images are so difficult to forget, and pornography causes many horrible crimes in society.  Pornography had been illegal, but in the late 1960s the Warren Court declared it to be "free speech" protected by the First Amendment, even though the First Amendment was never intended to protect such harmful images.  Between 1966 and 1970, the Warren Court rendered 34 unsigned decisions (unsigned decisions are unusual) in favor of pornographers, overturning laws and lower court decisions.  Law enforcement officers note that pornography is typically found in the homes of criminals.

The Warren Court invalidated many state and local laws that protected society against the evil of pornography and its terrible emotional and mental effects on those victimized by it, and addicted to it.  The harm caused by pornography to the mind lasts for a long time afterward, because images are so difficult to forget, and pornography causes many horrible crimes in society.  Pornography had been illegal, but in the late 1960s the Warren Court declared it to be "free speech" protected by the First Amendment, even though the First Amendment was never intended to protect such harmful images.  Between 1966 and 1970, the Warren Court rendered 34 unsigned decisions (unsigned decisions are unusual) in favor of pornographers, overturning laws and lower court decisions.  Law enforcement officers say that pornography is typically found in the homes of criminals.

Other decisions of the Warren Court, such as its ruling on segregated schools and invention of a new "right to privacy," are discussed in other sections of this course.

Other decisions of the Warren Court, such as its ruling on segregated schools and invention of a new "right to privacy," are discussed in other sections of this course.