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Freedom Files - Season 2
Ideological Exclusion

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The Supreme Court ended its 2007 Term by rejecting a centerpiece of the Bush administration’s crumbling Guantánamo policy for the third time in four years while recognizing, for the first time in American history, an individual right to bear arms under the Second Amendment.

Statistically, the Court decided even fewer cases than last Term, when it set a modern low. There were also significantly fewer 5-4 decisions. And, unlike last Term, Justice Kennedy was not on the winning side in every 5-4 case.

In the 2007 Term, the ACLU has brought or been involved in various cases including key arguments in criminal justice and the death penalty, due process, and voting rights.

A summary of all of the Court's major civil liberties-related cases from this Term is online in at: www.aclu.org/scotus/2007term/35796res20080626.html


SUPREME COURT CASES

CRIMINAL JUSTICE
Pearson v. Callahan (8/12/2008)
Whether, absent an emergency, the Fourth Amendment permits the police to enter a home without a warrant based on an informant's signal that criminal activity is taking place inside.

Herring v. United States (8/1/2008)
Whether the exclusionary rule requires the suppression of evidence seized in violation of the Fourth Amendment when the Fourth Amendment violation was based on misinformation sent by law enforcement officials in another county.


DISCRIMINATION
Crawford v. Nashville (8/1/2008)
Whether employees who cooperate with an internal investigation of alleged sexual harassment are protected against retaliation under Title VII of the 1964 Civil Rights Act.


FREE SPEECH
FCC v. Fox Television Stations, Inc. (8/7/2008)
Whether the FCC improperly reversed its position without adequate justification by recently holding that "fleeting expletives" represent "indecent" speech that can be banned from the airwaves.


VOTING RIGHTS
Bartlett v. Strickland (8/1/2008)
Whether minority voters who are deprived of the opportunity to elect a candidate of their choice when the state rejects a legislative district where coalition building has been successful can assert a vote dilution claim under the Voting Rights Act, even if minority voters do not represent 50% of the population in the proposed district?


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