349 Search Results for Supreme Court vs The First Amendment
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How Pornography Promotes Sexual Violence Against Women
Pornography, like rape, is a male invention, designed to dehumanize women, to reduce the female to an object of sexual access, not to free sensuality from moralistic or parental in Continue Reading...
Book CensorshipIntroductionThe censorship of information is one of the most pressing issues in libraries today (Steele, p.1). Censorship basically refers to efforts undertaken by governing authorities or their representatives to change/limit access t Continue Reading...
Civic Values in the U.S.
Restoring democracy and civic virtue in the United States will require major reforms that reduce the power of corporations, elites and special interests in the whole political process. Right now, there is a radical disconnec Continue Reading...
Based on the foregoing considerations, it is suggested that the DCMP restructure their existing training programs and administration so that a more unified and centralized plan is in place, as well as providing for better instructor qualifications, Continue Reading...
Amendments to the Constitution
In any criminal cases, the individual will be arraigned before the judge. This is when they will be informed about the charges and given the chance to enter a plea. Once this takes place, is the point a preliminary hea Continue Reading...
The foundation of these limits is the need to protect the privacy of the individual and control police behaviors.
Conclusion:
In the three cases, the application of the provisions of the Fourth Amendment could have been helpful in ensuring that th Continue Reading...
The pro-life sections were deeply disappointed as they had considered Casey as an ideal opportunity for the Court to overturn Roe.
Legal Reaction to the Case
The legal fraternity realized that the U.S. Supreme Court was loathe to re-visit its prev Continue Reading...
The student journalists sued, citing the Tinker standard (Hazelwood School District v. Kuhlmeier, 1988).
The issue in this case, while similar to those of Tinker and Fraser, differed in that the question was not about "obviously inappropriate" lang Continue Reading...
School Finance Aguilar v Felton
EDUCATION AND RELIGION
The Aguilar et al. v Felton et al. Case of 1985
Title I of the Elementary and Secondary Education Act of 1965 allowed for the reimbursement of the salaries of public employees teaching in paro Continue Reading...
Suppose I was asked to donate money to "Citizens for Better Schools," what would I need to find out about the group first? The first thing would be find out if they are a bona fide public charity -- a 501 C3 -- and if they were, I would examine the Continue Reading...
S. Circuit Court of Appeals to reaffirm restrictive gun laws since the Second Amendment was not infringed by a law that requires firearm owners to demonstrate proper cause (Nimmo par, 2).
The unanimous decision by the three-judge panel was regarded Continue Reading...
District of Columbia v. Heller
District of Columbia vs. Heller, 554 U.S. 570 (2008) represents the U.S. Supreme Court's single biggest intervention in Second Amendment jurisprudence. The case was one which had been deliberately manufactured by a sma Continue Reading...
While I do believe a woman should have the right to choose, I am not necessarily convinced of that the Ninth and the Fourteenth Amendment allow for a so-called right to privacy to support the creation of a right in this instance. Admittedly, I am n Continue Reading...
Pornography remains one of the most contentious issues related to the freedom of expression. The definition of pornography and the parameters of the First Amendment must be taken into consideration when determining what, if any, types of pornography Continue Reading...
They argue that the U.S. Constitution is color blind and while conceding that racial diversity is a noble goal, seek to achieve it through 'race-neutral' means. They also insist on a level playing field for all American citizens, regardless of their Continue Reading...
Heller. This was a challenge to a Washington D.C. law that made it illegal to: carry any kind of handguns inside the city. The court ruled that the law was a violation of the Second Amendment. As they felt that the right to: a militia and bear arms Continue Reading...
Brown vs. Board of Education
A landmark court case that occurred in the early 1950's resulted in the desegregation of public schools. This historic Supreme Court case was known as Brown vs. Board of Education. The place was Topeka, Kansas, 1951. A l Continue Reading...
Summations by Supreme Court Justices Brennan and Blackmun clearly express why the court voted in favor of the plaintiffs in this important case. First of all, Justice Brennan maintains that the case "does not involve textbooks, or indeed any books Continue Reading...
Sun Trust Bank vs. Houghton Mifflin Company
Houghton Mifflin had scheduled the publication of Alice Randall's story, entitled "The Wind Done Gone," in June last year when the lawyers of Margaret Mitchell's estate - represented by Sun Trust Bank -- s Continue Reading...
Antitrust and Intellectual Property
Antitrust Law Remedies in Intellectual Property Cases
In any research paper it is important to first define the terms used prominently in order to make sure that the reader understands what is being said. In this Continue Reading...
Hate Speech
Constitutionality of hate-speech laws and legislation
College campus hate-speech codes,
Fighting words; hate symbols
State interest in regulating hate-speech,
Arguments for and against such laws and codes,
First Amendment protection Continue Reading...
Law Is a Reflection of the Morality of the Time:
The evolving judicial interpretation of the Constitution
Constitution has become such a respected document and holds such an important place in American life it is often conceptualized as a transcen Continue Reading...
Social Contracts:
Media Articulation Of The Rites Of
HETEROSEXUAL vs. HOMOSEXUAL MARRIAGE RIGHTS
In the Land of the Free where the Bill of Rights is supreme, all marital unions between consenting adults should be accorded the same level of societ Continue Reading...
Constitutional Law
The case of the 'Lawrence vs. Texas' of June 26, 2003, was in a nutshell about privacy rights and 'equal protection' under the law, and whether 'sodomy' can come under the protection of the U.S. Constitution.
Who were the Petitio Continue Reading...
Exclusionary Rule
The Future of the Exclusionary Rule
The first 10 amendments to the U.S. Constitution, otherwise known as the Bill of Rights, were designed to protect citizens against abusive state power. These protections include preventing the g Continue Reading...
During the 1960's and 1970's, violent contact with the police, resulting in force occurred during anti-war, labor and civil rights demonstrations, during a politically tumultuous time. It is safe to conclude that excessive force was used during the Continue Reading...
.....controversy of establishing a court system at the creation of the U.S. Constitution centered on the power struggle between states and the creation of a federal, central government with its own court and ability to overrule state court decisions. Continue Reading...
S. Constitution under the Fourteenth Amendment. States can no longer ignore the Fourteenth Amendment following the ruling in Duncan v. Louisiana, and that makes this case a landmark case.
Justice White delivered the opinion of the Court, saying that Continue Reading...
Warrantless Use of GPS
The Problem of Warrantless GPS Surveillance: Ethical Considerations Regarding Privacy and the Fourth Amendment
The Fourth Amendment protects citizens from unlawful search and seizure by granting them the right "to be secure i Continue Reading...
California Proposition 8: Same Sex Marriage
The equal right to marry for same-sex couples in the United States has acquired growing public support over time, with a quantity of state-level laws passed and others presently up for debate. Proposition Continue Reading...
Stress: Regulation of Wetlands in the United States
Regulation of Wetlands in the United States
Defining Wetlands and their Value
A wetland refers to a place where water covers the soil. A wetland is a saturated land that comprises of swamps or ma Continue Reading...
On July 3, 1969, the Fifth Circuit Court of Appeals entered an order requiring the submission of new plans to be put into effect this fall to accelerate desegregation in 33 Mississippi school districts. On August 28, upon the motion of the Departmen Continue Reading...
Tushnet (2005) defends his point-of-view by writing that the advocates of the Stuart lawsuit placed the argument that Justices of the Supreme Court, even though, had the authority to be Supreme Court Justices, but they could not be Circuit Court Ju Continue Reading...
These two laws constituted the real beginning of the end for Jim Crow laws and practices.
EMPOWERING THE CIVIL RIGHTS MOVEMENT
The civil rights movement may have gained impetus and cooperation among people with differing opinions and goals from wh Continue Reading...
Restrictive Covenants
The case of Shawver v. Huckleberry was a dispute between the plaintiffs, Scott and Mary Shawver (Shawvers), and the defendant, Huckleberry Estates, L.L.C. (Huckleberry), an Idaho limited partnership, over the applicability of r Continue Reading...
Wainwright v Gideon
In 1961, a man named Clarence Earl Gideon was arrested for stealing coins and alcohol from a Panama City, Florida, pool hall. He was a poor man and could not afford a lawyer. Following his conviction, he served five years in pris Continue Reading...
We cannot accept this proposition. If the two races are to meet on terms of social equality, it must be the result of natural affinities" (Pilgrim 2000).
Justice Henry Brown ruled that the Separate Car Act did "not conflict with the Thirteenth Amen Continue Reading...
Bakke v. Regents of the University of California
The so-called Bakke decision was the earliest in which the United States Supreme Court addressed affirmative action. The case certainly did not mean and end to the issues involved, and there have been Continue Reading...
While this does not seem ethically questionable on the surface, it is certainly questionable when one considers that the only way for a capitalist to keep being a capitalist is to keep acquiring capital, and the only way to acquire capital is to exp Continue Reading...
Plessy challenged his arrest, maintaining that the railroads use of racially segregated cars violated the Fourteenth Amendment. The Supreme Court disagreed with Plessy's assertion. The Court determined that racial segregation did not imply that Blac Continue Reading...