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It is reasonable to conclude, therefore, that Congress has enacted sufficient regulation on business communication. Given that businesses are comprised of individuals who are subject to First Amendment protection, for the government to treat business communication as distinct from personal communication, however noble the idea in spirit, creates a conflict that is not easily reconciled. If anything, reconciliation of this conflict will see a further reduction on the limits of corporate speech, which at present has more than enough regulation.
Sullivan (2010) notes that there are different views of the role of free speech in the Constitution. One view holds that free speech upholds political equality, the other that it upholds political liberty. The former view seeks for equality of speech outcomes, such that those with power should not suppress the speech of those without power. The latter view holds that all speech should be equal, and that the First…… [Read More]
In 1787 our forefathers ratified the constitution of the United States
of America, which contains the most important document to any American citizen,
the Bill of ights (Magarian, 2012). The First Amendment to the United Sates Constitution is known to be part of the nation's Bill of ights. The first amendment is maybe the most vital section of the United States Constitution for the reason that the amendment guarantees the people writing and publishing, freedom of religion, speech, peaceful assembly, and the freedom to raise complaints with the Government. Furthermore, amendment necessitates that there be a separation upheld between church and state.
The various Sections of the 1st Amendment and what each one means.
The first amendment to the United States Constitution says the following; Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or…… [Read More]
First Amendment Applications
Applications of the First Amendment
The First Amendment to the U.S. Constitution protects the American people against laws made by Congress that would restrict the right to free speech or a free press, however, with the advancement of technology Americans have created new mediums of communication and the rights guaranteed in the Constitution have had to be applied to these new mediums. As a result, the Supreme Court has determined that the different types of medium involved in communication are protected in different ways. Therefore the freedom of speech and press, guaranteed in the Constitution, has been applied to legal cases involving these differing mediums of communication in quite different ways.
When the Constitution was written the main means of communication in the public arena was the newspaper, and the founding fathers wanted to ensure that these newspapers had the freedom to print what they liked. In…… [Read More]
Advertising is a critical component of any business. Many forms of advertising are protected by the First Amendment, yet "the Supreme Court for many years took the view that commercial speech -- speech that proposes an economic transaction -- was not protected by the First Amendment" (Linder 2012). However, in Virginia State Board of Pharmacy (1976), the Court ruled against a law prohibiting advertising the prices of prescription drugs. But this decision was based not upon the rights of the corporation to free speech, but the rights of consumers to "receive information" to enable them to make decisions (Linder 2012).
However, the Court has also found in favor of attempts to limit the constitutional freedoms of businesses to engage in unfettered speech, such as in the case of bans upon cigarette advertisements directed towards minors or on television to the general public. In 1971, all television advertisements directed…… [Read More]
First Amendment of the U.S. Constitution, the first of ten amendments in the so-named Bill of Rights, states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The two clauses in the sentence are called, respectively, the "Establishment Clause" and the "Freedom Clause." The Establishment Clause has been interpreted to mean that the government cannot establish a national religion. The Freedom Clause is usually interpreted to mean that the government cannot prefer one religion over another. The First Amendment is widely believed to mandate the separation of Church and State, but nowhere in the Constitution, nor in the First Amendment, does the phrase "separation of Church and State appear. In fact, the word "church" does not appear at all. The word "religion" is used instead, which is an important distinction.
The Bill of Rights was adopted by the necessary number of states in…… [Read More]
easoning: egardless of Ballard's religious beliefs, the Court determined (along with the original trial judge) that the only issue at hand was whether or not Ballard believed in good faith that he could heal people. The underlying religious beliefs f the "I Am" movement did not matter. This made the prohibition against the state or even juries determining the validity of religious beliefs explicit, stating that not only were they immaterial but that they were unallowable for consideration under the law.
Minersville School District v. Gobitis
310 U.S. 586 (1940)
Facts: Two children (10 and 12) were suspended from school for refusing to salute the flag on religious grounds (the children were Jehova's Witnesses).
Issue: Were the children's due process denied because of their exercise of religious freedom?
Holding: The suspension stood; the right of the school district to promote national unity was determined more at issue than the freedom…… [Read More]
" Although the results then were not complementary to this clause of the First Amendment, the actions made then opened the floodgates for redresses of grievances against the United States government.
The validity and effectiveness of the First Amendment as well as all other amendments of the United States Constitution can be determined through various tests in time. Fortunately, the First Amendment stood steadfast and changed various facets of American lives throughout the centuries. ut despite all these, the First Amendment, and even the whole American Constitution and ill of Rights for that matter, cannot be deemed as perfect because any case brought to test it will have results that are both acceptable to some and unacceptable also. This is what makes for a great democracy like the United States when its laws are not taken at face value but rather there will be challenges to the applicability thereto. In…… [Read More]
he issue of free speech and the ability of a group to exempt itself from the requirements of public education is at the heart of the issue of the question: can a group of religious fundamentalists petition the state to allow their children an exemption from school biology classes that, they believe, are contrary to their religious views (one would presuppose evolutionary theory?) First, an argument to exempt a child from a class would imply that if there was any part of the core curriculum that a parent might feel conflicted with a religious philosophy, the child would be able to opt out. So, if a religious group believed, as it states in the Old estament, that the earth is the center of the universe, created in six days by a master being, then ostensibly the child could be exempt from geology, biology, and even mathematics. his is certainly contrary…… [Read More]
First Amendment Case Study
The disputed legality of government sponsored religious displays is a matter which must be examined through the unclouded lens provided by the Establishment Clause of the Constitution's 1st amendment. This prohibition of state sanctioned or sponsored religious activity states expressly that governing bodies shall not support or endorse any religious viewpoint through either establishment or preferential treatment. In many instances, however, public displays have been erected under the auspices of government endorsement, displays which include direct religious references while purporting to espouse secular ideals. Legal precedent pertaining to the Constitutionality of public religious displays addresses the following legal issues regarding the dispute between the Church of the Albatross and Springfield citizens opposed to their planned construction of a religious statue: Should the common exception granted to religiously themed displays such Christmas decorations, displays which have been secularized and accepted by the community at large,…… [Read More]
Sir, we would argue that while the government interest in protecting national security is an important interest, the Roth case does not justify the government encroachment on our Freedom of the press. The Roth case provides that the government can encroach on the freedom of the press only if it is attempting to protect other rights from being infringed on. In our case, r. President, none of our rights are at risk. The ban on media coverage of the War is not in response to a perceived loss of rights by the people, but based on a perceived threat to the country. The Roth case does not make provision for infringement on our rights under these circumstances and therefore the infringement is not justified.
Even though the Roth case was overruled by iller v. California, 413 U.S. 15 (1973) regarding the issue of whether obscenity is protected under the First…… [Read More]
First Amendment rights are not absolute, particularly in regards to advertising. For example, there has been a great deal of pressure to regulate advertising directed at children that promotes unhealthy junk food. "There is a legal test for judging whether commercial speech qualifies for protection under the First Amendment. Called the Central Hudson test, it says that such speech must be truthful and not 'actually or inherently misleading'" and it has been argued that much of commercial advertising targeting children takes advantage of a credulous consumer's inability to tell the difference between truth and fiction (Bittman, 2012, par.11). In this instance, however, the objections raised to our new advertising campaign are not targeted at children. Rather, the concern is merely that children may see inappropriate material, even if it is not intended that they purchase the product.
In the past, the U.S. Supreme Court has allowed censorship of certain types…… [Read More]
First Amendment, the Constitution, and the Supreme Court
Freedom of and from religion and freedom of speech are the distinct provisions of the First Amendment; it gives citizens of the United States the unalienable human right to assembly and speech. However, the language is intentionally vague. The framers of the Constitution, anticipating unknown applications of the amendment, gave power to the Supreme Court to act as ultimate arbiter in matters involving its provisions. The Constitution of the United States is a living document and the interpretation of its amendments by the Supreme Court changes over time. Freedom of speech and the press, and religious freedom, are exercised according to the Supreme Court's rulings in cases that come before it. Exploration of these cases illuminates the evolving meaning of the First Amendment and the freedoms granted therein.
The First Amendment to the Constitution is partially designed to protect journalists and news-content…… [Read More]
The media has brought many important issues to life for the American public. For example, during the American civil rights movement, many areas of the country that had been hesitant to endorse full equality for African-Americans were horrified when they saw their fellow Americans being beaten simply for demanding their rights. The media was also highly influential in mobilizing the American public against the Vietnam War. Pictures showed more powerfully than words the terrible carnage and suffering generated by the conflict and the lack of progress that American military involvement was generating in Vietnam, despite the loss of many lives. Conversely, the media has also had a highly negative influence upon American opinion when it distorts the facts, such as when it inflamed opinion during the Spanish-American War and the McCarthy era, causing Americans to believe the propaganda disseminated in ostensibly objective venues.
The media can also have a more…… [Read More]
First Amendment including kind cases, examples, Supreme Court rule-Based 1st Amendment grounds? Analyze: a.The Sections 1st Amendment means.
The First Amendment
The First Amendment is both one of the most significant legislations in the U.S. And one of the most divisive texts in the Bill of Rights. The text was devised with the purpose of preventing Congress from having the authority to either prevent individuals from exercising their right to express their religious views or to prevent the press from publishing ideas that are truthful. Many individuals are inclined to believe that government should not have anything to do with concepts like religion or freedom of the press. As a consequence, these respective people believe the First Amendment to function as a tool intended to assist the U.S. public in being able to access ideas it is entitled to.
The First Amendment reads "Congress shall make no law respecting an…… [Read More]
first amendment of the Constitution addresses both freedoms of speech and religion (Constitution Bill of Rights). ithin these two broad themes, there are various clauses (First Amendment Online). The First Amendment restricts government from passing laws aimed against free excersise of any religion, and also restricts the government from "establishing" or favoring a particular religion (First Amendment Cyber Tribune). In addition to allowing freedom of speech, the amendment also allows freedom of the press, the right to petition government, and the right to assemble (First Amendment Online).
For the purposes of this paper (and survey), I am going to focus on the issue of free speech within the context of the First Amendment. My survey consisted of 4 questions regarding speech in America. Firstly, I asked the individual if he or she believed it was a fair law. The consensus regarding this question was that the First Amendment was not…… [Read More]
First Amendment including kind cases
The First Amendment is imbued with a degree of preeminence that supersedes virtually all other amendments of the United States Constitution, largely because it was the first of many. As such, its importance to the country and to protecting the rights of its citizens is largely self evident. Perhaps one of the most cogent testimonies to this fact is the numerous times this amendment has been cited in litigation enacted in this country. These many cases allude to the notion that the rights guaranteed by the First Amendment, which are stratified in accordance to religion, freedom of speech, and lawful, peaceable assemblage, are vital to some of the most fundamental principles upon which the country was founded. An examination of the most salient of these court cases, as well as of the various components of this amendment, largely indicates the veracity of the preceding statements.…… [Read More]
The author of this report is to answer to three major questions as it relates to the DNC scenario advanced by the story that preceded it. The first question is the legal claims relating to the use of the LAD. The second question is the basis that should be used to deny Amnesty International from getting their permit and the implications that this could cause. The final question requires the identification and analysis of any legal claims that might arise if Greenpeace has a protest in the shopping mall and how pat-downs and other security measures may lead to legal or protest-related issues. While the Miami and other personnel have a responsibility to keep the peace and keep people safe, they need to tread very carefully when limiting free speech and/or freedom of assembly as well as over-aggressive use of less-lethal technologies and interventions that can still maim…… [Read More]
individual making the leak would likely be protected by First Amendment laws given that the statement was made by the sheriff regarding the investigation 'on the record,' as is noted in the report. If a statement was made about a public figure who has less of an expectation of privacy under current legal interpretations, regardless if the leaker was a member of the press or a private individual, the statement would be thoroughly protected. "Despite popular misunderstanding the right to freedom of the press guaranteed by the First Amendment is not very different from the right to freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression [for all individuals]. It does not afford members of the media any special rights or privileges not afforded to citizens in general" ("First Amendment," 2014). All citizens have…… [Read More]
First Amendment of the U.S. Constitution guarantees to us freedom of speech - promises to each citizen and resident of the United States that the government will not tell us what we can or cannot say. Right?
ell, mostly. hile in general Americans are protected by the First Amendment so that we can say whatever wise or witty or stupid or offensive thing that we like. However, there are important exceptions to this general condition: Not all speech is equally protected. This paper examines one of those arenas in which greater-than-usual restrictions are placed upon what people may say and the way in which they may say it. Billboards, as a very public example of commercial speech, are restricted in ways that a person standing on a street under a billboard talking to her friend is not.
Advertising is indeed protected by the First Amendment of the U.S. Constitution. Advertising…… [Read More]
On the Hobby Lobby case, the First Amendment was challenged about whether it protected the religious beliefs of an employer when it comes to the decision not to pay for insurance meant for contraceptives. The Snyder vs. Phelps case was also related to religious picketing where the issue of sidewalk picketing was under the scrutiny of whether it was outrageous. The WBC church had held a picketing in a funeral and was found guilty of saying outrageous comments in a funeral. However, the Supreme Court of United States in an 8-1 decision argued that the church was constitutionally protected to say whatever they wanted as far as they did not affect the ceremony. It was established that they had avoided the ceremony and had not been involved directly in stopping the ceremony (Zipursky, 473).
The Supreme Court of the United States favored Hobby Lobby in its ruling asserting that under…… [Read More]
" Still, a judge has ordered the State Board of Education "not to enforce the new law while a suit filed by the father of a public school student proceeds" (Keen, 2007). Barry Lynn of the group Americans United for Separation of Church and State said the judge realizes "...that there is no motive for a moment of silence except a religious one." The First Amendment comes into play here because it prohibits government from promoting religion.
TO: (Gun control): Recently the governor of California, Arnold Schwarzenegger signed legislation that prevents the use of lead ammunition in California Condor - a severely endangered species - recovery zones. The law thus requires hunters of game like deer and coyote to use copper bullets, because when lead bullets kill a deer, for example, the hunter normally leaves the guts of the carcass on the ground, condors feed on those guts, and if…… [Read More]
It would also be highly recommended that there are designated buffer zones between the convention and any designated First Amendment Zones. Additionally, these zones must be away from any other public areas. If they are too close to public areas, like malls, they may inadvertently disrupt the flow of the public and endanger passersby.
There are also recommendations for general policy of the possible disruption of protest groups at the DNC event. If officers were to commence in disrupting the protest groups, it would be absolutely necessary to show they were acting in accordance with the misdemeanor violation of Section 870.02 in the 2002 Florida Statutes. Essentially, this would mean that officers would have to prove more than three individuals were acting in a way to disturb the peace, rather than to peacefully assemble. It is true, "no actual breach of peace needs to take place" (Unlawful Assembly Dispersal Order).…… [Read More]
Many conservatives believe that the Anti-
Establishment Clause prohibits only the actual establishment of a national religion in the manner of the English Crown. To them, the right to freedom of religion is all that the First Amendment guarantees, not the right to be free from religion (Dershowitz, p. 202).
Luckily for those who consider themselves atheists and agnostics, the Supreme
Court has interpreted the First Amendment to include the separation of church and state much more broadly, because under the conservative interpretation, the government might, in principle, be able to require some religious affiliation of its citizens provided it did not specify any particular religious faith. That issue has arisen numerous times and in many different forms over the years, including whether or not public schools may require recitation of the Pledge of Allegiance with the words "under God" or "moments of private reflection" intended for prayer during school…… [Read More]
Shutting Mosques, Trump and First Amendment
The proposal by trump, at its very core, would seek to sanction a religious institution by virtue of the adherence of its members to certain religious beliefs. Indeed, this is exactly what the first amendment speaks against. The first amendment protects religious freedom and outlaws anything that would bar the free exercise of one's religion of choice. It is referred to as the Free Exercise Clause. Trump could say that he only sought to sanction the mosques that propagate what he refers to as radical Islam. However, he did not provide any evidence of activity or advocacy on any mosques.
The crucial right to religious freedom is enshrined in the U.S. constitution's first amendment. It states that Congress is bound not to make any law that respects establishment of a given religion or stops the free exercise of religious practice. The Free…… [Read More]
Since Wolf refused to give up the unedited portion of his videotape, he was served with a subpoena to force him to give up the tape by the District Attorney for the Ninth Circuit Court. He refused to comply with the subpoena, and was held in contempt of court. This process fits into the court structure in that a subpoena is used during the preliminary stages of a trial in order to allow both sides the capability to uncover all facts, allow all witnesses to be called, and to collect any other preliminary information needed before proceeding with the trial. "Contempt of Court" is a device used by the court system to attempt to coerce compliance with subpoena's issued under the law by means of fines or imprisonment. Wolf was imprisoned for being in contempt of court, and his lawyers argued in federal court to quash the subpoena, stating that…… [Read More]
This essay is on the law cases Virginia v. Black and Texas v. Johnson.
Issues before the Court
The issues before the court in the two cases were related to the first Amendment about the speech. Hate speech, in particular, was the concept that was analyzed. In Texas vs. Johnson, the issue was whether cross burning is one of the constituents of symbolic speech as provided by the First Amendment. In Virginia vs. Black, the issue was whether cross burning statutes in Virginia or any other state as a prima facie evidence unconstitutional or not (Holzer, 649).
The decision of the courts and the reasons
In Texas vs. Johnson, the court ruled in favor of Johnson. It argued that cross burning constitutes symbolic speech and the First Amendment in the Constitution protects it. The reasoning of the majority argued that the freedom of speech protects some of the actions that…… [Read More]
Their protests alerted the rest of the country to their concerns. Chester Cooper writes that our experience in Vietnam "created greater tension in American society than any other event since the Civil ar" (Cooper 537). As a result of the protests, the Vietnam ar became a household word.
Student protests were incredible in generating awareness of an issue. The government realized that the more attention these protests garnered, the more something in Vietnam needed to be done. Tina Gianoulis writes, "there is no doubt that the idealistic energy of the youth of that period did change history" (Gianoulis). She states that Nixon experienced anxiety over the protests as well as the escalating violence in Vietnam. The student protests were not only raising awareness of Americans across the country, they were raising awareness of the current administration, which knew it could not hide from its responsibility. Approval of the war dropped…… [Read More]
On the other hand, a motive of debate was whether or not the Court should be intervening on issues that, ultimately, belong to daily operations in schools. The Court judged, however, that this was a breech to "basic constitutional values" (as in Epperson vs. Arkansas) and, in this sense, the judicial system's intervention becomes a necessity.
Additionally, the Court decided that the school board's decision could not be justified by the sole means of "educational suitability," which would have made it permissible, but that it was based on a purely partisan, political approach (some of the 9 titles clearly suggest this).
Petitioners rightly possess significant discretion to determine the content of school libraries. But that discretion may not be exercised in a narrowly partisan or political manner."
In Board of Education vs. Pico, the Supreme Court affirmed, with a 5-4 vote an order from the Second Circuit Court of…… [Read More]
MUSIC AND CENSORSHIP the FIRST AMENDMENT U.S. Constitution: Congress make law respecting establishment religion, prohibiting free exercise thereof; abridging freedom speech, press; people peaceably assemble, petition Government a redress grievances.
Photography as art: Walter Benjamin on photography
The invention of photography was initially viewed as a challenge to conventional forms of art because it could more perfectly replicate the surface of reality than any human brushstroke. However, artists were able to meet this challenge through using the human imagination and decentralizing the emphasis on replication. But Walter Benjamin argued that photography still posed a very profound and troubling challenge to art. Before, when people gazed at art, they were gazing at something recognizably 'other' that could not be reproduced and was an object with its own integrity. In contrast, a photograph can always be reproduced in its entirety and thus exists as a commodity. People long for some originality in…… [Read More]
First Amendment and Television
The subject of television and censorship has long been an issue of heated debates across the country.
The First Amendment to the United States Constitution states:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" (U.S. pp).
On June 8, 1789 James Madison introduced his version of the speech and press clauses in the House of Representatives, stating, "The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable" (Freedom pp). The special committee rewrote the language somewhat, adding other provisions from Madison's draft,…… [Read More]
MEDIA LA: Argue Against: Discuss 1st amendment implications Family Prevention Tobacco Act 2009. Are tobacco
The Family Prevention Tobacco Act of 2009 was one of the more controversial pieces of legislature passed in recent times, for the simple fact that it gave a great deal of authority to the Food and Drug Administration to limit the effectiveness of the tobacco industry and its various companies to sell its products. There are multiple components of this legislation, which encompass various aspects of sales, advertising, inspections and registration of new products on the part of manufacturers. Among the many points of dissension that individual and collective entities within this industry claim regarding this legislation is that it limits their First Amendment right of freedom of speech. A thorough examination of the spirit and the lettering of this act, however, reveals that of its many different components, only one (that pertaining to advertising)…… [Read More]
ight to Privacy, 1st Amendment
The parameters of one's right to privacy have long been a subject of controversy and while the Constitution does not expressly guarantee one's right to privacy, there are several amendments that were designed to protect specific, private rights of citizens. One of the amendments that seek to protect the private rights of citizens is the First Amendment. However, controversies have arisen that have required the Supreme Court to impose limitations on an individual who is exercising his or her rights under the First Amendment.
The First Amendment states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" (U.S. Const. amend. I). As stated in the First Amendment, one is…… [Read More]
The freedom of speech has also come under attack, most recently when a reporter was jailed for refusing to expose her sources. The amendment mentions "free exercise" of the right to say what one wishes or print what one wishes; however, if a person was to publicly endorse the assassination of the President, that person would be quickly arrested and most likely thrown in jail, an act that stands in deep conflict with the idea of "free exercise."
The Second Amendment has also become the center of attention regarding a person's right to own firearms and issues related to gun control. The National Rifle Association (NRA) highly endorses the 2nd Amendment and goes to great lengths to lobby Congress for less restrictive measures related to owning specific kinds of firearms, such as machine guns, AK-47's and other high-powered weapons. With handguns, a good number of legal efforts in recent years…… [Read More]
S. Constitution began yet another short-lived experiment with prohibition, only this time it was on a national level. hen it went into effect in January 1920, efforts to repeal the 18th Amendment began almost immediately. In a whirlwind of legislative activity, the 21st Amendment was ratified by the requisite number of states in record time. In their haste to repeal the 18th Amendment, though, lawmakers failed to consider the impact of section two as it might apply to interstate commerce in the Age of Information, but given the heated nature of the debate at the time, they can perhaps be forgiven this legislative oversight in the 21st century. All in all, though, the research clearly showed that the U.S. Constitution remains a living document that is capable of responding to changes in American society.
Bryce, Jenny. (2000). "Prohibition in the United States." History Review, 37.
Eng, Gordon. (2003).…… [Read More]
The doctrine of incorporation was traced to the Quincy ailroad vs. City of Chicago (1897) where the Supreme Court required state to offer compensation to the property appropriated by either the local government or state government. In the Gitlow v. New York (1925), the court also expressly held States to protect the freedom of speech. Since 1920s, the Court has been steadily incorporating a significant part of the Bill of ights.
The First Amendment is one of the basic provisions of Bill of ights, which is the backbone of American liberty that guarantees freedom of press, speech, religion, and petition. While some provisions of the First Amendment have been selectively incorporated into the Bill of ights, however, some provisions have still faced challenges in selectively incorporated. The doctrine of selective incorporation has led to a long lasting debate in the United States revealing whether the Bill of ights…… [Read More]
Jehovah's Witnesses are a good example of a religious entity that claims the right the First Amendment freedom of religion clauses. Jehovah's Witnesses may act as a thorn in many families across America, however, they have been the root cause of much of our freedom of religion laws. Jehovah's Witnesses brought many cases of religion to the court system in the 1930s and 1940s. Before then, the court system handled very few court cases regarding freedom of speech and freedom of religion. These cases formed the foundation of the First Amendment protection of all citizens.
The Court has attempted to create and implement a system for determining church and state decisions. This is accomplished with a three-part test for laws dealing with religious establishment. The determination if the law is constitutional is this: does it have a secular purpose? It should not advance or inhibit religion. Finally, it cannot foster…… [Read More]
eligious Liberty as Stated in the First Amendment
The practical and legal ramifications of religious liberty are not difficult to determine, for they follow from the theological implications of the concept of religious liberty. The idea of religious truth, such as defined by the North Carolina state government in 1776 which forbade anyone from serving who denied the truth of the Protestant religion, has no place in a country that holds religious liberty as law. Yet, religious liberty has not always been practiced, as North Carolina and Maryland (which was officially declared an Anglican state in 1692) both show. Today, the first amendment has been ratified to make such claims untenable. Nonetheless, many scholars question whether religious liberty itself is defensible. By acknowledging the right of religions to be exercised publicly, the U.S. constitution sets the stage for a massive fight between various and contending religious beliefs, which…… [Read More]
M. Lin's release from MCF has had the effect of rendering his lawsuit moot. In this case, M. Lin was incarcerated at the time the lawsuit was filed, but not at the time it is being decided. Thus, M. Lin's cause of action fails on the issue of mootness. Additionally, of the six members whom were denied visitation privileges, five of them have had sons which whom were formerly incarcerated at MCF, but now have been released. The son of the sixth MOM member asserting denial of visitation privileges died after his release from MCF. Thus, all of the six members of MOM claims will fail as a result of mootness.
The controversy must be ripe for decision; ripeness bars consideration of claims before they have fully developed. A case may be dismissed as unripe where a statute has never been enforced and there is no real…… [Read More]
My overall advice to Mr. Smith would be that he has a weak case, at best.
To evaluate whether Susie has a valid equal protection claim, one must start by determining whether the city ordinance is a state action. As a city is a branch of the state, the smoking ordinance would be considered a state action. The next step is to determine whether she belongs to a suspect class or whether a fundamental right is being violated. Although being a woman places her in a quasi-suspect class, this ordinance does not involve a distinction between the genders. Instead the issue is between smokers and non-smokers and as such, there is no suspect class involved. Furthermore, there is no fundamental right involved as neither the right to smoke or to open a business is considered a fundamental right. (Chemerinsky, 2002; p. 157).
Under these facts, the court will…… [Read More]
They should not expect taxpayers to carry religious as well as general education. Quality of education is another concern altogether. Everybody has the right to a high quality of education. But specific education such as religious instruction should not rest on the shoulders of the public.
It is true that everybody has the right to instruct their children according to the religious choices available. Providing public funding for this however entails a fundamental problem relating to tolerance. The American public is made up of a wide variety of groups in terms of religion, race and ethnicity. Funding for education is carried by taxpayers, regardless of creed or religious choice. Allowing such funding to be used for possible discriminatory choices is thus discriminatory in itself, although it is not seen as such by the Court.
The decision of the Court is explained by the exact argument of freedom of choice. The…… [Read More]
During the early 19th century, advocacy for equal suffrage was conducted by few people. Frances Wright first publicly advocated womens suffrage in an extensive series of lectures. In 1836, Ernestine ose carried out a similar lecture series, which eventually resulted in a personal hearing before the New York Legislature. However, the petition contained only five signatures and was subsequently denied. The first true women's movement marks July 13, 1848 as its beginning. Elizabeth Cady Stanton and four female friends had a discussion regarding the limitations imposed upon them by society because of their gender. Several days later, this group picked a date to hold a convention to discuss the "social, civil, and religious condition and rights of woman." The gathering took place at the Wesleyan Chapel in Seneca Falls, New York on July 19 and 20, 1848 (Stodart, 1993).
Elizabeth Cady Stanton constructed a document entitled "Declaration of…… [Read More]
It is a traditional belief in America that a man's home is his castle, meaning that he is lord and master of his home and no one may enter, not even the government, without his permission. This was such an important issue among the American colonists that it was included into the Constitution when they broke away from Great Britain. In short, the fourth amendment states that no private property could be searched or seized without a proper warrant; and a warrant could not be issued without due cause. Over time belief in this absolute principle has gradually softened and a number of exceptions to this rule have come into place. Police and other authorities have been given exceptions to this rule in certain circumstances and it is not uncommon for evidence, that was gathered without a warrant, to be accepted in a trial. This is the situation…… [Read More]
1st Amendment Issues
A highly controversial decision rendered on January 21st of this year by the Supreme Court, affirming the right of corporations and other organizations to enjoy consideration as "persons" and the 1st amendment protections afforded by that status, threatens to undermine the foundation of this country's democratic process. With their closely contested 5-4 decision in the case of Citizens United v. FEC, the high court's conservative members have effectively shattered existing precedent regarding the ability of corporations to channel shareholder funds to political campaigns. In their effort to protect the duly granted right of individuals to contribute money as a form of political speech and expression, the justices in the majority have effectively opened a Pandora's box of unintended consequences. By extending the rights held by individual citizens of this nation to corporate conglomerates and multinational entities, the Roberts court has redefined the menace of judicial activism once…… [Read More]
District of Columbia v. Heller Case Brief
Case Facts: The District of Columbia Code prohibited carrying an unregistered firearm and banned the registration of handguns through its provisions. However, the provisions granted the chief of police the liberty to grant one-year licenses for handguns. Additionally, the Code required individuals owning legitimately registered firearms to keep them unloaded and disassembled or with locked trigger unless they were in business places or being utilized for legalized recreational activities.
A special police officer in Washington, D.C., Dick Anthony Heller, was permitted to carry a handgun while on duty. He applied for a one-year registration license from the city of Washington for a handgun he wanted to keep at home. Based on the provisions of the District of Columbia Code, Heller's application was rejected. Consequently, he sued the District of Columbia on the premise that the provisions of this Code violated the Second Amendment.…… [Read More]
Sugar and leaf litter appeared to have an inhibitory effect, except in the area of root mass. These results were similar to those obtained by Levy & Taylor (2003). Their study also found an inhibitory effect in treatments with municipal wastes and pulp mill wastes. Similar to the results of this study, their tests found that horse and mink manure resulted in the greatest improvement in plant growth. However, Muenchang and associates (2006) found the sugar mill by-products improved the nitrogen fixing ability of plants by encouraging the development of certain bacteria on the roots.
There are many field trials that are similar to those conducted in this study. Tuber yield and size were not affected significantly by the application of straw mulch on potatoes (Doring, et al., 2005). However, La Mondia and associates (1999) found that straw applied to potatoes increased yield in tubers exposed to certain potato pathogens.…… [Read More]
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (Cornell University Law School. N.D.). As with a preponderance of Constitutional issues the meaning of the Fourth Amendment has undergone an evolvement from its original intent and purpose as set forth in its composition by the founders and inclusion in the Bill of Rights. "The framers of the Constitution adopted the amendment in response to the writ of assistance (a type of blanket search warrant) that was used during the American Revolution" (Reed, J. May 24, 2011.). The Supreme Court in its role as Constitutional explicator has addressed the scope and boundaries of the…… [Read More]
Outside of court, this takes place by way of affidavits and depositions (Sanders, 2007).
The Amendment's final part assures the accused person the right to aid of counsel. Legal representation was once a benefit only accessible to the rich. The poor were frequently left to their own devices in English courts. While defendants in America can decide to represent themselves, the right to counsel gives one the right to gratis legal help. In criminal trials, poor defendants are given legal counsel. Nationwide, community legal services, legal aid societies and other factions help the poor deal with civil issues. No matter how well the founding fathers' accomplished on their plan, our judicial system is not ideal. It is well-known that injustices and frustrations are daily legal incidences. Even so, the framers made enormous progress for daily citizens through the 6th Amendment to make sure American courts truly are the people's courts…… [Read More]
" The full force and authority of a regular police officer is necessary to make such an intrusion. Yet, such a police officer would not be able to summarily search or seize on the premises of a regular home. The homeless person's effects are; therefore, protected from unlawful search and seizure.
Citron, Eric F. "Right and Responsibility in Fourth Amendment Jurisprudence: The Problem with Pretext." Yale Law Journal 116.5 (2007): 1072+.
Greenhalgh, illiam ., and Mark J. Yost. "In Defense of the "Per Se" Rule: Justice Stewart's Struggle to Preserve the Fourth Amendment's arrant Clause." American Criminal Law Review 31.4 (1994): 1013-1098.
Joh, Elizabeth E. "The Paradox of Private Policing." Journal of Criminal Law and Criminology 95.1 (2004): 49+.
illiam . Greenhalgh, and Mark J. Yost, "In Defense of the "Per Se" Rule: Justice Stewart's Struggle to Preserve the Fourth Amendment's arrant Clause,"…… [Read More]
Personhood Amendment in Mississippi
Judith Jarvis Thomson's essay "A Defense of Abortion" and the proposed Mississippi Constitutional Amendment
In Mississippi, a bill that advocated an extreme position on abortion rights was submitted to voters. It was ultimately rejected, despite the fact that Mississippi is a very conservative state. The constitutional amendment would have declared a fertilized human egg to be a legal person, not only equating abortion with murder under the law, but also making certain forms of birth control illegal (Eckholm 2011). It would have made using birth control, including IUDs and morning-after pills, which operate by detaching the fertilized embryo from the mother's womb, a legal for of murder.
Previous regulations of abortion placed restrictions upon when and where women could get abortions, or created parental consent laws. This amendment simply stated when life began: at fertilization. Even embryos in fertility clinics could be destroyed, according to the…… [Read More]
In order to enforce the revenue laws, English authorities made use of writs of assistance, which were general warrants authorizing the bearer to enter any house or other place to search for and seize "prohibited and uncustomed" goods, and commanding all subjects to assist in these endeavors. he writs once issued remained in force throughout the lifetime of the sovereign and six months thereafter. When, upon the death of George II in 1760, the authorities were required to obtain the issuance of new writs, James Otis, who attacked such writs on libertarian grounds and who asserted the invalidity of the authorizing statutes because they conflicted with English constitutionalism, led opposition. Otis lost and the writs were issued and utilized, but his arguments were much cited in the colonies not only on the immediate subject but also with regard to judicial review.
he language of the provision which became the Fourth…… [Read More]
It is interesting to note that members of Congress would introduce this bill every year for 41 years, with exactly the same wording, until it finally passed (Linder).
One big step in the process were the states in the West who allowed women to vote. In 1890, Wyoming joined the union, and women had been voting there for many years. It is also interesting to note that it was the Senator from a western state, California, who first introduced the bill in 1878 (Kobach). In 1912, Theodore oosevelt, running for the Bull Moose Party, included women's voting rights in his party platform, which brought more positive attention to the matter. oosevelt lost the election, but the idea of women's rights had become to seem less offensive to many, and so, in 1920 the measure finally became law.
Thousands of women worked throughout that time to help gain support and understanding…… [Read More]
Th Amendment to the U.S. Constitution
"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." (13 Amendment, Article 1, "U.S. Constitution")
Abraham Lincoln's 1863 "Emancipation Proclamation" stated "that all person's held as slaves' within the rebellious states 'are, and henceforward shall be free.'" ("Featured Documents") Many claim that Lincoln's real motivation in freeing the slaves was to politically outmaneuver the south internationally; to make the war about slavery thus keeping the Europeans from supporting the South. However, Lincoln's support of, and the adoption of the 13th amendment in 1865, seems to prove this wrong; Lincoln's real motivation was the end of slavery in the United States. But Lincoln issued his "Emancipation Proclamation" in the middle of a war, using his emergency war powers, and it was limited…… [Read More]
Effective strategies after the 13th and 14th amendments
The 13th amendment to the constitution was widely welcome by many Americans and the world at large as it gave the surety of freedom from slavery in the legal standing of it. The most famous and important section of the Declaration of Independence read that "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable ights, that among these are Life, Liberty and the pursuit of Happiness." This was an assurance that the freedom of each person living in America would be guaranteed and that no person will live under the command or control of another person due to the race or color. Further, the 14th amendment came into place to entrench and ensure the equality among the Americans (Hole ., 2001). It was one of the…… [Read More]
Fourth Amendment and Court Jurisdiction
Based on the Fourth Amendment to the U.S. Constitution citizens have a right to 'be secure in their persons'. eferring to personal rights against 'unreasonable searches and seizures' (Wolfish, 441 U.S. At 595 Stevens, dissenting LectLaw, 2011). The definition implies that people cannot be detained or intruded upon by police or other law enforcement without a reasonable cause. It is a protection to acknowledge a citizen's rights under a higher authority or power that they must submit to. The Constitutional intent may be at odds with law enforcement because it protects the people by prohibiting the law to intrude even if the person(s) is a known criminal unless there is a reason (Wolfish, 441 U.S. At 595 Stevens, dissenting Lect Law, 2011).
For law enforcement to seize or detain a citizen there must be a reasonable cause. There are many court cases that have precedent…… [Read More]
Congress will assemble at least one a year, beginning on the first Monday in December.
Section 5: Congress must have a minimum number of members in attendance in order to meet, and that it has the authority to fine those who don't show up. Members may be expelled if there is disorderly behavior or if the rules of proceedings are violated. The concurrence of 2/3 majority can expel a member from Congress. A journal of proceedings must be kept to record what goes on and votes that are made. Neither house can adjourn without the direct permission of the other.
Section 6: Members of the Congress will be paid for their services. They will have immunity from arrest and freedom of speech while in office unless they commit treason, which is a felony, or a breach of the peace. While in office, no member of Congress may accept another office…… [Read More]
She is the daughter of Alice Walker, who wrote the Color Purple. She took her mother's maiden name at the age of 18. Rebecca graduated cum laude from Yale University in 1993, and moved on to co-found the Third Wave Foundation. She is considered to be one of the founding leaders of third-wave feminism. In addition to her contributing editorship for Ms. Magazine, Walker's work has also been published by Harper's, Essence, Glamour, Interview, Buddhadharma, Vibe, Child, and Mademoiselle magazines. Her relationship with her mother has been strained because of various public indictments the younger Walker made against her. Nevertheless, some believe that Rebecca might not have been as famous or powerful today without her ties to the illustrious Alice Walker.
Jennifer Baumgardner is a prominent voice for women and girls. She works as a writer, speaker and activist. During 1993-1997, she worked as the youngest editor at Ms. Magazine,…… [Read More]
Enactment of Amendment XIX and its contribution to the achievement of equal female rights
The enactment of the 19th amendment empowered women on many fronts. They were allowed to vote and consequently seized the opportunity to influence political decisions. The enactment saw the legalization of contraception and even abortion. There was economic empowerment too in the process. The more common availability of reproductive services and education doors increasingly opening up, more women enrolled in education institutions sought higher education. These developments also ushered in an era in which women began to occupy sensitive professional positions in the society. The amendment aimed at giving hope to all women. African-American women sought to link suffrage to race and gender across the country; so as to make sure that the benefits were not just paper-based policies, but practical processes for actual empowerment. Indeed, the African-American women believed that taking part in…… [Read More]
4th Amendment's evolution and history, together with the "search and seizure" law.
4th Amendment Background
People's rights of being secure in personal effects, papers, houses and persons, against unreasonable seizures and searches, may not be breached, nor shall any warrants be issued, but in case of probable cause, which is supported by affirmation or oath, and describes, particularly, the place that must be searched, or the things or individuals that should be seized, under the 4th Amendment. Like most fields in U.S. law, the English common law forms the principal basis of the 4th Amendment. Broadly, it was created for limiting governmental powers and their capacity of enforcing legal actions upon citizens (4th Amendment - constitution -- Laws.com). Amendment IV was implemented in immediate reaction to the historical writ of assistance's abuse. This writ was a sort of general governmental search warrant employed in the American evolution's era. Amendment IV…… [Read More]
Hearsay evidence and the Confrontation Clause of Amendment VI.
The main objective of the American constitutional provision under study was: prevention of ex-parte affidavit deposition, which was employed against prisoners in place of personal questioning and cross-questioning of witnesses. (CS/LII Annotated Constitution Sixth Amendment).
The main objectives that this paper will look at include:
The confrontation right is one among the basic assurances of liberty and life
The 6th Amendment's Confrontation Clause assures one key aspect of the process of adversarial trial (Sixth Amendment -- ights of Accused in Criminal Prosecutions)
Challenging questions pertaining to these rights' limits and scope
A set of principles may be derived from available Maryland appeals court and U.S. Supreme Court cases connected with the clause, for aiding busy practitioners or trial judges with speedy and accurate analysis of potential issues relating to it, even right in the midst of trial, where there is no…… [Read More]
17th Amendment to the U.S. Constitution was ratified in 1913. It altered the way in which Senators of the Congress were elected. Previously, under Article 1 of the Constitution, it was the state legislature's responsibility to elect senators to Congress. ith the 17th Amendment, however, the voting power was placed directly into the hands of the public. The Amendment also provided a way for states to allow governors to fill vacancies in their state's appointed seats in Congress by temporarily appointing a senator until a time in which a special election could be conducted.
The text of the Amendment states specifically that "two Senators from each State, elected by the people thereof, for six years" shall be the manner in which senators are now voted into office. This effectively made the process of electing senators more democratic and less representational, in the sense that that the voting public had the…… [Read More]