Media Law Research Paper

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Christa Wilson

Communication Law and Ethics


December 5th, 2019

Final Research Paper

No topic related to feminist movement has created such passion and controversy as much as the

right to an abortion. In the 1960’s, there was no federal law regulating abortions and many states

had banned the practice except when the mother’s life was in danger.

Women’s groups were arguing that illegality caused some women to seek black market

abortions by unlicensed physicians or to perform the abortion on themselves. Because of this,

several states began to legalize abortions. Since there was no definitive ruling from the federal

government, women’s groups sought the opinion of the U.S. Supreme Court. The problem

started in Texas, which outlawed any type of abortion unless a doctor determined that the

mother’s life was in danger. Jane Roe challenged the Law, and the case made its way to the

highest court. States were eventually allowed to adopt restrictive laws in accordance with

respecting the mother’s health during the second trimester. Any State law that came in conflict

with this ruling was overturned. Women’s groups were pleased, but an opposition from the

Roman Catholic Church came about. They had criticized abortion as a form of infanticide for a

long period of time.

Since 1973, the battle has continued. Pro-life groups began to get their senators and reps

to propose a “Right-to-life” Amendment to the Constitution. The fate of Roe V. Wade continues

to lie with the Supreme Court. Although every ruling since 1973 upheld the decision, the
composition of the court changes with every retirement. Republicans have tended to appoint pro-

life judges, and Democrats chose pro-choice nominees. At the dawn of the 21st century, the battle

is still as fierce as it has ever been. This case was one of the most influential cases during the

1970’s. It gave women the choice of abortion and really helped shape the way abortion laws are

governed even today. This historical case left an impression in the court system in the U.S., and

now we see administrators have complications with the laws’ content in todays society. People in

today see abortion as being either bad or good. People don’t think there is an in between when it

comes to personal stance on women’s choice for life and abortion. With the help of legal

abortion, millions of American women have been able to have the types of families they had

wished for and desired.

Brown V. Board of Education of Topeka was an impactful and one of a kind 1954

supreme court case where justices ruled unanimously that racial segregation of children in public

schools was unconstitutional. Brown V Board of Education was one of the cornerstones of the

civil rights movement, and it helped establish that “separate-but-equal” education and other

services were not actual equal.

In 1896, the Supreme Court ruled in Plessy vs Ferguson that racially segregated public

facilities were legal, as long as the facilities for blacks and whites were equal. The ruling created

laws that kept African Americans from sharing the same buses, schoolsm and other public

facilities as whites-known as “Jim Crow” laws- and established the “separate-but-equal” doctrine

that would stand for the next six decades .By the early 1950’s, the NAACP was working to

challenge segregation laws in public schools, and filed lawsuits in behalf of plaintiffs in states

like SC, Virginia, and Delaware. A plaintiff by the name of Oliver Brown filed a suit against the

Board of Education in 1951, after his daughter, Linda Brown, was denied entrance to Topeka’s
all-white elementary schools. In this lawsuit, Brown claimed that schools for black children were

not equal to the white schools and that segregation violated the “equal protection clause” of the

14th Amendment, which says no state can “deny to any person within its jurisdiction the equal

protection of the laws”.

At first, the justices were divided on how to rule on school segregation, because Chief

Justice Fred M. Vinson thought that the Plessy V Ferguson verdict should stand. In September

1953 before the case was heard, Vinson died, and President Dwight D. Eisenhower replaced him

with Earl Warren. The new chief justice succeeded in getting a unanimous verdict against school

segregation the next year. Though the Supreme Court’s decision in Brown V Board of Education

didn’t achieve school desegregation alone, the ruling fueled the civil rights movement in the U.S.

In 1955, a year after the case, Rosa Parks refused to give up her seat on an Alabama bus. Her

arrest would lead to other boycotts, sit-ins, and demonstrations, in a massive movement that

would lead to the ending of Jim Crow Laws in the South. Passage of the Civil Rights Act of

1964, supported by the enforcement by the Justice department, started the process of

desegregating. Today, more than 60 years after the Brown V Board of Education case, the debate

still continues over how to end racial inequalities in the nation’s school system.

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