908 Search Results for Violation of First Amendment Rights
Court Opening Argument
It is humbly submitted to the Hon'ble Court that this respondent as per the issues and syllabus cited submit that the issues of the litigation pertain -- not only to the law of marriage, but also to the recognition if it must Continue Reading...
Correctional Officers:
As an attorney working in the Office of the Inspector General in the State Bureau of Prisons, I have been asked to evaluate two major issues involving various correctional officers at the state prison and the behavior of the Continue Reading...
Justice and Security
Free Balance in the Administration of Justice and Security
Justice and Security policies have always been at the center of international politics, but their nature has changed due to the advent of nuclear weapons and their prol Continue Reading...
Judge Broderick concluded that the Compulsory Process Clause of the Sixth Amendment does not give a defendant the right to require immunization of a witness, but that such a right is "probably" contained in the Due Process Clause of the Fifth Amendm 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...
founding fathers and their fear of "dangerous leveling" in the society. It will furthermore explain the problem of equalization of the society and would thus lead to the reduced inequalities of wealth, income, talents and virtues. The paper will hig Continue Reading...
Gun Control in the United States:
A persuasive argument in favor of gun control
The Second Amendment to the U.S. Constitution reads: "A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bea Continue Reading...
5 May, 2005. Retrieved at http://news.public.findlaw.com/ap/o/51/05-06-2005/ca790022a837290c.html. Accessed on 11 May, 2005
Civil liberties groups unite against a surveillance society. 21 April, 2005. Retrieved at http://www.out-law.com/php/page.ph Continue Reading...
First Amendment Cases
There are several provisions in the First Amendment to the United States' constitution, all of which have been implemented in various court cases. In Engels v. Vitale, which centered around the legality of a mandated school p Continue Reading...
In my judgment, the statutory provisions on which these prosecutions are based, abridge freedom of speech, press and assembly in violation of the 1st Amendment" ("Black, J, Concurring in Part").
Hence, the Yates decision was a precursor of the thin Continue Reading...
Bill Clinton try to re-frame the story of his extra-Marital affair during the 1992 campaign?
When Gennifer Flowers came forward in 1992 to claim she had an affair with Bill Clinton while he was Governor of Arkansas -- what Clinton's staff would ter Continue Reading...
Opposition Argument:
On the other hand, from the legal perspective, the argument that constitutional principles justify reconsidering the issue that polygamy (unlike human sacrifice) warrants
First Amendment protections of the free exercise of re Continue Reading...
Authors Donald Lively and Russell Weaver describe Hustler Magazine as Falwell's "antagonist (p. 79)," no doubt representing for Falwell abuses of our Constitutional freedoms.
"In 1983, Hustler Magazine decided to parody Falwell using a Campari Liqu Continue Reading...
History of Censorship in U.S. Media
Censorship is the official prohibition or restriction of any type of expression that is believed to threaten the political, social, or moral order, and may be imposed by local or national governmental authority, b Continue Reading...
SOPA
Objective argument: The Stop Online Piracy Act
The Internet has been called the new Wild West: there is a great deal of profit that can be made, in terms of availability of information, but there are also many hazards, due to the lack of regul Continue Reading...
A short article in the Boston Globe (2009) emphasizes the need to promote the right of students to religious freedom in schools. The article also notes that this right tends to be violated in schools on a regular basis. The reasons for such violati Continue Reading...
In the case of an extreme situation, such as the death or near death of another, intentionality is a clear indicator of culpability and should be constitutionally supported. The constitution is a litmus of the culture and open violation of the inten Continue Reading...
And we must take into consideration what would happen if, somewhere down the line, we encountered the very real possibility of changed financial circumstances.
The financial knots we're tying ourselves into now, as we scramble to purchase homes and Continue Reading...
The U.S., however, is the only industrial democracy, common law or otherwise, in which courts must throw out tainted evidence in criminal trials. The U.S. Supreme Court decisions establishing and expanding on this principle have collectively come to Continue Reading...
FISA's recent rise to fame has been due to attempts by the Bush Administration to apply the law as justification for warrant-less wiretaps of U.S. citizens in apparent disregard of their Fourth Amendment protections. This issue will be examined in m 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...
In the case, Carty was a passenger of a vehicle operated by another individual. The vehicle was stopped for speeding, and the driver of the vehicle was asked to sign a form of consent to search the vehicle. During the search, the officer did a pat d Continue Reading...
Prosecuting a former President for illegal activity in his role as President would certainly increase partisan bickering; making it less likely that Obama could effectuate meaningful change in his administration. Doing that might actually cause peop Continue Reading...
The death penalty is not unconstitutional and is even mandatory for certain crimes with the judge and jury having little discretion in the matter in order to avoid violating the provision that prohibits 'cruel and unusual punishment' the methods us Continue Reading...
The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in Continue Reading...
American Government Politics. Discussed is the fourth amendment and the current policies of searches and seizures. Four sources used. Footnotes.
Fourth Amendment
Americans hold very dear the Bill of Rights. Among the ten amendments that make up th Continue Reading...
Safford Unified School District v. Redding and School PolicyIntroductionSafford Unified School District v. Redding is a US Supreme Court case that was decided on June 25, 2009. The case dealt with the search of a student\\\'s underwear for prescripti Continue Reading...
Eleven Literature Reviews Attempt to Show and Support the Hypothesis:
These series of articles explain the history behind random drug-testing as well as the origins behind its support. In an article by James E. Ryan (2000), cases handled by the Sup Continue Reading...
If Harry had been stopped at a sobriety checkpoint, the outcome of his case would be dramatically different. The Supreme Court has determined that sobriety checkpoints are legal, as long as they are conducted in a neutral manner. Stopping all appro Continue Reading...
This can have adverse effects on the child's mental and emotional state and could make it more likely that the child will follow the same path. Also, incarcerating an individual who has a minor child is another way of creating a single parent home. Continue Reading...
" (p. 471).
Finally, the Court ruled that the police could not interrogate suspects who expressed the desire to exercise their right to remain silent and that. "Once warnings have been given, the subsequent procedure is clear. If the individual indi Continue Reading...
..In determining the meaning of any Act of Congress, or any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as h Continue Reading...
" Despite the stated expansion, habeas protection continued to be applied only to cases in which the defendant alleged that the sentencing court lacked personal or subject matter jurisdiction. The Court extended the reach of federal habeas review dur Continue Reading...
The rights given under Fourth amendment are very clear and the search warrants that are issued have to clearly state the reasons for the search being conducted. The reasons must be clear, express and concise. There can be no fishing exercise. If the Continue Reading...
Foreign Policy of China (Beijing consensus)
Structure of Chinese Foreign Policy
The "Chinese Model" of Investment
The "Beijing Consensus" as a Competing Framework
Operational Views
The U.S.-China (Beijing consensus) Trade Agreement and Beijing C Continue Reading...
Georgia (428 U.S. 153). In that case, the Supreme Court finally ruled specifically that capital punishment was not inherently necessarily cruel or unusual, and therefore, was not a violation of the Eighth Amendment in and of itself (Schmalleger, 200 Continue Reading...
The true spirit and meaning of the amendments, as we said in the Slaughter-House Cases (16 Wall. 36), cannot be understood without keeping in view the history of the times when they were adopted, and the general objects they plainly sought to accomp Continue Reading...
In fact, during the 1787 Constitutional Convention, Slonim notes that the need for a bill of rights was not even a topic of discussion until Virginian delegate George Mason raised the issue just several days before the Convention was scheduled to ri Continue Reading...
ATLANTA MOTEL v. UNITED STATES, 379 U.S. 241 (1964)
379 U.S. 241
In the Court of: U.S. Supreme Court
Argued on: October 5, 1964
Decided on: December 14, 1964.
Facts
Reasons for the Lawsuit:
The appellant is the owner of a large motel (Heart of Continue Reading...
ROCHIN V. CALIFORNIA Summary of the Facts - On the morning of July 1, 1949, three deputy sheriffs from Los Angeles County believed that Rochin was selling narcotics. The sheriffs found Rochin's door open, and entered the premises in which he lived wi Continue Reading...