Anaya Nolan
The rule of law is a foundational concept for communities of justice, opportunity, and peace. It holds that laws, not individuals, rule, and that no one is above the law. The rule of law has been spread worldwide, particularly by Britain, France, and the United States. While the rule of law has been described as exceedingly elusive, it has been further defined and entrenched by various court cases. One such case is Johnson v State, which emerged from the arrest of Harvey Johnson and his friend on charges of vagrancy. The Supreme Court of Florida and the Supreme Court of the United States examined the issues of whether the law was too vague and open to abuse, and whether arresting officers performed their due diligence. This case helped change the way courts interpret laws that are vague or unfair, particularly in relation to vagrancy laws. Another example is the landmark United States Supreme Court case, Gideon v Wainwright, which expanded public defender systems and required police to inform individuals in custody of their right to remain silent and to an attorney.
| Characteristics | Values |
|---|---|
| Definition | The authority and influence of law in society, especially when viewed as a constraint on individual and institutional behaviour. |
| Formal definition | The rule of law holds that laws (and not men) rule. |
| Formalist definition | Does not make a judgement about the justness of the law. |
| Substantive definition | The rule of law is a durable system of laws, institutions, norms, and community commitments. |
| Universal principles | Accountability, just law, open government, and accessible and impartial justice. |
| Examples | Snyder v. Phelps (military funeral protests), Texas v. Johnson (flag burning), Batson v. Kentucky (race and jury selection), J.E.B. v. Alabama (gender and jury selection), Church of the Lukumi-Babalu Aye, Inc. v. City of Hialeah (controversial religious practices), Wisconsin v. Yoder (compulsory education law and exercise of religion), Plyler v. Doe (immigrant children), Brown v. Board of Education (separate is not equal), Cooper v. Aaron (implementing desegregation), Johnson v. State (vagueness of vagrancy laws), Gibbons (federal government's power to regulate commerce), Schenck (creation of the "clear and present danger" test), Tinker (students' rights to free speech), Gideon (right to assistance of counsel in criminal trials). |
| Influence | Britain, France, and the United States have contributed to spreading the principle of the rule of law to other countries. |
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What You'll Learn
Johnson v. State
The officers had only noted the amount of money Johnson had at the time of the arrest and thus had failed to appropriately follow arresting procedure. This case highlighted the importance of clear and fair laws and the impartial enforcement of those laws. It demonstrated that laws must be clear enough for individuals to understand and assess their behaviour to determine whether they are in violation.
In another case, Johnson v. State, the murder trial of Arnold E. Johnson is discussed. The prosecution introduced evidence that implicated the appellant in a previous murder, despite the appellant being acquitted of that crime. Additionally, a prosecution witness's previously recorded statement was read into evidence, despite the witness indicating they had no recollection of the events. The appellant was found guilty of murder and sentenced to death, and the conviction was appealed. The court held that evidence of extraneous offenses for which the defendant was acquitted is inadmissible, and the recorded recollection was reversible error as it lacked firsthand knowledge and accurate transcription of the witness's memory.
In Johnson v. State, 660 So. 2d 648, the issue of what constitutes a valid oath under the Warrant Clause of the Fourth Amendment was addressed. Johnson argued that the reservation shielded the officer from perjury prosecution for untruthful statements, making the oath illusory. The case discussed the requirements for a valid warrant, including probable cause and particular descriptions of the place, persons, or things to be searched or seized.
In a separate case, Johnson v. State, the interrogation and confession of Johnson were examined. Johnson argued that he invoked his right to remain silent by telling police he was tired, but the court found that these statements did not equate to a request to honor that right. Johnson also contended that his confession was coerced through deprivation of his right to a first court appearance within twenty-four hours of arrest, but the confession occurred less than twenty-four hours after arrest, so it did not fall within the Keen rule.
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Snyder v. Phelps
On March 10, 2006, seven members of the Westboro Baptist Church (WBC), led by the church's founder Fred Phelps, picketed the funeral of U.S. Marine Matthew Snyder, who was killed in a non-combat accident during the Iraq War. On public land about 1,000 feet from where the funeral was being held, protesters displayed placards that read "Thank God for Dead Soldiers", "God Hates Fags", "Fag Troops", "America is Doomed", "God Hates the USA/Thank God for 9/11", "You're Going to Hell", and "Don't Pray for the USA", among others.
Snyder's father, Albert, filed a lawsuit seeking damages from Phelps and the Westboro Baptist Church, claiming that their picketing was meant to intentionally inflict emotional distress. He sued for defamation, intrusion upon seclusion, publicity given to private life, intentional infliction of emotional distress, and civil conspiracy. Phelps defended the picketing as an appropriate use of their right to free speech and right to peacefully protest as protected by the First Amendment to the U.S. Constitution.
The District Court of Maryland ruled in Snyder's favor and awarded him $10.9 million in damages, which the judge later lowered to $5 million. However, the Fourth Circuit Court of Appeals reversed the decision, holding that the protesters' signs were "rhetorical hyperbole" and "figurative expression" and were therefore protected speech under the First Amendment. On appeal, the U.S. Supreme Court ruled in favor of Phelps, holding that the speech was made on a matter of public concern and did not disrupt the funeral.
In an 8-1 decision, the Supreme Court wrote that the First Amendment "shields Westboro from tort liability for its picketing" and that the speech was protected by the First Amendment, as it related to broader public issues and was not directed specifically at the Snyder family.
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Texas v. Johnson
Johnson appealed his conviction, arguing that his actions were "symbolic speech" protected by the First Amendment. The Supreme Court agreed to hear his case and, in a 5-4 decision, ruled in Johnson's favour, holding that flag burning constitutes symbolic speech protected by the First Amendment. The majority opinion, written by Justice Brennan, noted that freedom of speech protects actions that may be offensive to some, but that societal outrage alone is not a justification for suppressing free speech. The Court also found that the Texas law discriminated based on viewpoint, as it punished actions like flag burning that might arouse anger but exempted respectful conduct towards venerated objects, such as burning a worn-out flag.
The dissenting opinion, written by Justice Stevens, argued that the flag's unique status as a symbol of national unity outweighed the symbolic speech concerns, and thus, the government could lawfully prohibit flag burning. This case is considered a landmark decision regarding the First Amendment and has had a significant impact on the protection of free speech rights, particularly in the context of political protests.
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Batson v. Kentucky
The case of Batson v. Kentucky (1986) is a landmark ruling on the Fourteenth Amendment, which affirmed that citizens have the right to a jury selected without discrimination based on race. The case was pivotal in establishing that the removal of jurors based solely on their race violates the defendant's right to an impartial jury and equal protection under the law.
During the trial of James Kirkland Batson for burglary and receiving stolen goods, the prosecutor used peremptory challenges to remove all four African Americans from the potential jury pool. Batson's defence counsel objected to this action, arguing that the prosecutor's removal of the black jurors violated Batson's Sixth Amendment right to an impartial jury and his Fourteenth Amendment right to equal protection under the law.
The trial court rejected the defence's objection and denied their request for a hearing on the matter. Ultimately, Batson was convicted by an all-white jury. The case was then appealed to the Supreme Court of Kentucky, which affirmed the conviction, citing the precedent set by Swain v. Alabama. The court held that a defendant alleging a lack of a fair cross-section of the community in the jury must demonstrate systematic exclusion of a particular group.
However, the U.S. Supreme Court reviewed the case and remanded it for further proceedings. In its decision, the Supreme Court reaffirmed the principle that a State denies a black defendant equal protection when it puts him on trial before a jury from which members of his race have been purposefully excluded. The Court clarified that while a defendant has no right to a jury composed of their own race, the Equal Protection Clause guarantees that the State will not exclude jurors based on race or the false assumption that members of a particular race are not qualified to serve.
The Batson v. Kentucky ruling established a precedent that significantly impacted jury selection processes across the United States. It ensured that jury selection would be fairer and more inclusive, reflecting a cross-section of the community and upholding the fundamental principle of equal protection under the law.
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J.E.B. v. Alabama
In J.E.B. v. Alabama, the respondent, the State of Alabama, acting on behalf of a mother with a minor child, filed a complaint for paternity and child support against the petitioner, J.E.B. During jury selection, the respondent used peremptory challenges to remove male jurors, resulting in an all-female jury. The respondent argued that female jurors would be more sympathetic to a woman trying to collect money from a delinquent father. The petitioner challenged these challenges, arguing that removing jurors based on gender violated the Equal Protection Clause of the Fourteenth Amendment.
The Alabama courts rejected the petitioner's claim, reasoning that discrimination based on gender is not protected in the same way as discrimination based on race. However, the United States Supreme Court held that parties should not be allowed to discriminate based on gender when selecting a jury. The Court's ruling applied not only to state actors (prosecutors) but also to criminal defendants and parties in civil lawsuits. The Court agreed with the petitioner, concluding that gender, like race, is an unconstitutional proxy for juror competence and impartiality.
Justice Kennedy, who concurred with the Court's conclusion, noted that an individual denied jury service due to their sex is equally injured as one denied service due to a law banning members of their sex from serving as jurors. He also emphasised that a juror serves as an individual citizen, not as a representative of a racial or sexual group. On the other hand, Chief Rehnquist asserted that there are sufficient differences between race and gender discrimination, and thus, the principle of Batson should not be extended to peremptory challenges based on sex.
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Frequently asked questions
The rule of law is the principle that laws (and not men) rule. This means that no one is above the law, and laws are intended to serve the public good rather than private interests.
Johnson v. State is a case that helped to further entrench the principle of the rule of law. The case emerged from the arrest of Harvey Johnson, who was charged with vagrancy. The Supreme Court of Florida and the Supreme Court of the United States examined the issue of whether the law itself was too vague and could be easily abused.
The Johnson v. State case targeted a statute that was so vague that it invited abuse. The case changed the way courts look at laws that are either too ambiguous or do not conform to what is fair.
Some examples of landmark Supreme Court cases in the United States include:
- Snyder v. Phelps (military funeral protests)
- Texas v. Johnson (flag burning)
- Batson v. Kentucky (race and jury selection)
- Wisconsin v. Yoder (compulsory education law and exercise of religion)
- Brown v. Board of Education (separate is not equal)
The rule of law affects us all, no matter who we are or where we live. It is the foundation for communities of justice, opportunity, and peace. Research shows that the rule of law correlates with higher economic growth, greater peace, more education, and improved health outcomes.
