Kent vs. United States: Why the US Won

Introduction

The Kent State shootings were a watershed moment in American history. On May 4, 1970, members of the Ohio National Guard opened fire on a group of unarmed Kent State University students, killing four and wounding nine. The incident sparked nationwide protests and helped galvanize the anti-war movement.

In the years since the shootings, there have been numerous legal challenges to the government's handling of the case. One of the most significant was Kent v. United States, a class-action lawsuit filed by the victims and their families. The case went to trial in 1979, and the jury found in favor of the plaintiffs. The government appealed the verdict, but the Supreme Court upheld it in 1985.

The Legal Arguments

The plaintiffs in Kent v. United States argued that the government had violated their constitutional rights. They claimed that the National Guard had used excessive force and that the university had failed to protect them. The government argued that the National Guard had acted in self-defense and that the university had not been negligent.

The jury found that the government had violated the plaintiffs' First, Fourth, and Fourteenth Amendment rights. The jury awarded the plaintiffs $10 million in damages.

The Supreme Court's Decision

The Supreme Court upheld the jury's verdict, but it did so on narrower grounds. The Court ruled that the government had violated the plaintiffs' First Amendment rights by using excessive force to disperse the protest. The Court also ruled that the university had been negligent in failing to protect the students from the National Guard.

The Supreme Court's decision was a landmark victory for the plaintiffs. It established the principle that the government cannot use excessive force to suppress dissent. The decision also held universities responsible for protecting their students from harm.

The Impact of the Case

The Kent State shootings and the subsequent legal challenges had a profound impact on American society. The shootings helped galvanize the anti-war movement and led to changes in the way that universities handle protests. The Supreme Court's decision in Kent v. United States established important legal precedents that protect the First Amendment rights of protesters.

Conclusion

The Kent State shootings were a tragedy, but they also led to important changes in American society. The shootings helped bring an end to the Vietnam War and led to changes in the way that universities handle protests. The Supreme Court's decision in Kent v. United States established important legal precedents that protect the First Amendment rights of protesters.