In Cox v Louisiana, the Court clearly stated that the rights of free speech and assembly "do not mean that everyone with opinions or beliefs to express may address a group at any public place and at any time." :)
concurring judgment A concurring judgment is one in which the reasoning is different, but not the end result. (A dissenting judgment, however, is one that differs in the result from that of the majority.)
Yes. A dissenting opinion outlines one or more justices' reasoning about why the Supreme Court should have made a different decision. While dissenting opinions do not carry the force of law, they may be cited, and sometimes become a more important part of case law than the majority opinion.
A majority opinion explains the reasoning behind the courts ruling while a dissenting opinion explains a disagreement with the courts ruling
Precedent
Precedent
Precedent
If a justice dissents in a case, they express their disagreement with the majority opinion of the court. This dissenting opinion provides an alternative legal reasoning or interpretation of the law, highlighting different perspectives on the issues at hand. While it does not have legal authority, it can influence future cases and contribute to ongoing legal discourse. Dissenting opinions can also reflect the judicial philosophy of the dissenting justice and may resonate with public or scholarly debate.
The Dred Scott v. Sandford decision was effectively overturned by the 14th Amendment to the United States Constitution, ratified in 1868. This amendment granted citizenship to all persons born or naturalized in the United States, including former enslaved individuals, and provided equal protection under the law. By establishing these principles, the 14th Amendment nullified the legal reasoning used in the Dred Scott case, which denied citizenship to African Americans.
A dissenting opinion in a Supreme Court case is a written statement by one or more justices who disagree with the majority's decision. It outlines the dissenting justices' views on the legal principles and interpretations at stake, often highlighting alternative perspectives or reasoning. While it does not have legal authority, a dissent can influence future legal arguments and provide insights into differing judicial philosophies. Dissenting opinions contribute to the broader discourse on law and justice.
Though incredibly hard, it might actually be impossible to repeal an amendment. Reasoning for this would be that there really would be no good reason for that to be so.
precedent
Dissenting opinions are important in decision-making processes because they can challenge assumptions, encourage critical thinking, and lead to more well-rounded and informed decisions. By considering different perspectives and viewpoints, decision-makers can identify potential flaws in their reasoning and make more thoughtful and effective choices.