...Waldron urges readers to consider that many other countries have laws against hate speech and that such laws have sometime been passed in the United States, although not nationally. I think this is because, as mentioned by Waldron, many countries consider hate laws in Europe and in other countries in which manifestations of hate are prohibited rather than tolerated in the name of free speech. I also think this because other countries in which have these hate laws, their constitutions acknowledge that basic rights, including freedom of expression, are legitimately subject to restriction. I think it isn’t consistent because many states vary in the extent to which they allow their national legislation be guided by international human-rights laws. The Foundation for Individual Rights in Education reviews the narrow definitions of exceptions for the free-speech clause of the U.S Constitution, noting that universities frequently go beyond these exceptions in their speech codes. Those narrow exceptions include: speech that incites reasonable people to immediate violence, so-called “fighting words”, harassment, true threats and intimidation, obscenity, and defamation. I think that universities go beyond these exceptions in their speech codes because of the recent events that have happened. For example, I think the Virginia Tech massacre made a lot of universities scared that something like that could happen at their university, so they started to go beyond exceptions of the free-speech...
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...Declaration of Independence states that “all men are created equal.” The term “Hate Crime” defined by Public Law #103-322A, a 1994 federal law, defines a hate crime as: “a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person.” Although this is the federal definition, each state has their own legal hate crime statues, which states what constitutes and is punishable as a hate crime in that state. Some states do not recognize hate crimes at all, yet, as it clearly states in the countries founding documents the people of this country are “one nation” and “all men are created equal.” The number of hate crimes being committed is growing in numbers. What is considered a “hate crime” today is no longer restricted to the issue of black and white, but the national standard for these crimes remains unclear. Some individuals feel that hate crime legislation or Hate Crime Laws are not only unconstitutional, but redundant and unnecessary. The writer of “Hate Crime Laws Are Unnecessary” argues that “hate crime laws, whether at the state or federal level, are not necessary” ("Hate Crime Laws Are Unnecessary"). The writer further argues that passing such laws will not prevent crimes motivated by...
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...In other words, a Muslim woman who has never shed her veil in public may feel just as humiliated as an African American woman who is subjected to an intrusive pat down or strip-search (3) They are both seen as bad women 7. Part 6- Coalition building after September 11: A hopeless dream or a real possibility? The author believes that to address racial profiling and hate crime, a coalition building is a better approach, even though legislation needs to rewritten laws to include all the victims of such practices. Since racial profiling affects many communities of color, a unified response to the problem by various women's organizations, religious groups, and racial/ethnic communities will be an appropriate remedy, where all victims can gain some benefit. a. Imagining a collation Between Black Women and Arab Women (1) A barrier to the coalition is the fact that Arab and black women may view their concerns as too different and may not feel they have a common enemy (2) the stereotype of black women as "sexually uninhibited and willing participants in most sexual acts" sharply contrasts with the conception of Muslim...
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...expense and to the damage of the Filipino people and the republic of the Philippines through any or combination or a series of overt or criminal acts, or similar schemes or means. Respectively or a total of more or less (P1,847,578,057.50); and by collecting or receiving, directly or indirectly, by himself and/or in connivance with John Does & Jane Does, commissions or percentages by reason of said purchases of shares of stock in the amount of P189,700,000.00 more or less, from Belle Corporation which became part of the Deposit in the equitable Bank under the account name of ‘Jose Velarde’. Petitioner wishes to impress upon the constitutionality of RA 7080 (An Act Defining and Penalizing the Crime of Plunder), as amended by RA 7659. He therefore makes a stringent call for this Court to subject the Plunder Law to the crucible of constitutionality mainly because, according to him, (a) it suffers from the vice of vagueness; (b) it dispenses with the "reasonable doubt" standard in criminal prosecutions; and, (c) it...
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...Barkley FROM: Karlene Ramnath DATE: 22nd September, 2014 CITATION: Brandenburg v. Ohio, 395 U.S. 444 (1969) PROCEDURAL HISTORY: Clarence Brandenburg was arrested in violation of an Ohio statute that prohibited expression and speech considered to be objectionable, violent, and offensive. He was fined $1,000 and sentenced to one to 10 years' imprisonment. Brandenburg protested the charges stating that his actions were absent of criminal intent. He challenged the constitutionality of the Criminal Syndicalism Statute under the First and Fourteenth Amendments of the US Constitution. The intermediate appellate court of Ohio established his conviction and he then turned to the Supreme Court of Ohio which again denied his appeal. He submitted an appeal the US Supreme Court and was granted a hearing....
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...Glori D Vittone BUSS 213 DATE \@ "MMMM d, y" February 18, 2015 Case Study #1 1.The federal Elections commission filed a summary judgement motion with the District Court to have the case brought by Citizens United dismissed. What is a summary judgement motion and why is it appropriate in this case? Summary judgement motion is when the court is asked to dismiss a case immediately. Its appropriate in this case because the film, Hillary: The movie, created by Citizens United clearly violates the McCain-Feingold Act. 2. Citizens United filed a request for an injunction in the same case. What is an injection and why is it appropriate in this case? An injunction is a judicial order that restrains a person from beginning or continuing an action threatening or invading the legal right of another, or that compels a person to carry out a certain act. In this case is appropriate because the court is asking to forbid the further distribution of the film Hillary: The Movie. 3. What is at stake in the balancing act generally involved in the law-making process in a case like this? Balance in this case is between the spirit and the letter of the McCain-Feingold Act. 4. What is the negative rights theory of ethics and how does it impact this case? This theory argues that the rights created by documents are not real or just self made privileges that people created to protect themselves in case something goes wrong. In this case they argue that their right of free...
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... · Homosexual Marriages Should Have the Same Rights as Heterosexual Marriages. · Comparisons to Other Countries · Europe · Africa · Background · First Argument with Gay Marriage · Changes in the Ability to Get Married · Hate Crimes · Identification of Policy Alternatives · Legalizing Gay Marriage Amongst All States · Legalizing Gay Marriage Amongst All States, but Naming it “Civil Unions” · Legalizing Gay Marriage/Civil Unions Against Some States, Recognizing it in All · Recommendation · References INTRODUCTION: Same Sex Marriages Having Same Rights as Heterosexual Marriages Gay marriage has been an active debate amongst politicians, religious figures, and the public. The debate has spanned over a decade with little change for either side. The issue of gay marriage is not just about the name of what the union is called, but the right to be able to legally join as homosexual couples with the same rights as heterosexual couples. Reasons for someone to be in favor of this topic are that there should be a separation of religion and politics, it deprives homosexuals of their natural rights, and this issue has escalated to violent hate crimes towards homosexuals. As it stands, currently 9 million adults are homosexuals, representing 4 percent of the 18 and over population in the United States with no signs of diminishing. Public administrators have done little in regards to helping ease the situation...
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...CHAPTER I THE RESEARCH PROBLEM A. Research Background At home, house rules are set. Inside an educational institution, general directions are laid down. In offices, company policies are implemented. Indeed, regulations and set of laws are everywhere. Whoever professional individual, may he be a lawyer, a doctor, an engineer, an accountant, a journalist and so on, conformity with moral standards is expected. In whatever profession, may it be in law, medicine, engineering, business, mass media and so on, compliance with the principles of professional conduct is needed. At wherever workplace, may it be in the court, hospital, construction site, bank, and so on, observance of the rules is required. Every professional men and women has to abide by certain rules and regulations. Practitioners of mass communication is no exception. The individuals working under this profession have to observe and follow the law and ethics of mass communication. These are not just standards of what is right and wrong nor based only on morality, as what most people think so. There is more to ethics than their misconceptions. These standards of conduct are highly essential and therefore strict adherence is recommended. These ethics drive the practitioners to instill self-discipline, professional attitude and sense of responsibility among 1 themselves as they are guided on how to deal with day-to-day situations involving ethical dilemmas. Here in the Philippines, there have been a lot of reported...
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...separate sphere of power to prevent any one of them from obtaining undue power and monopolizing government control Constitution also establishes a system of checks and balances Each branch’s powers keep the other branches from dominating the government Constitution does not explicitly allow courts to review legislative and executive actions to determine whether they are constitutional, but early common law established a process called judicial law Judicial law is the power of a court to review legislative and executive actions, such as a law or an official act of a government employee or agent, to determine whether they are constitutional Established in 1803 U.S. Supreme Court case Marbury v. Madison Also allows courts to review constitutionality of lower courts’ decisions Supremacy clause, located in Article VI of Constitution, provides that the Constitution, laws, and treaties of the U.S. constitute the supreme law of the land...
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...Habeas Corpus Melvin Gresham 30 March 2013 American National Government A writ of Habeas Corpus as the book definition has it is that of a writ (legal action) that requires a person under arrest to be brought to a judge or into a court for a hearing to basically determine they are guilty of alleged crimes or not. It is a right given to every American so they can know that they are being treated fairly and that they are being given a fair trial. I am going to discuss in my paper how habeas corpus has been taken in some cases and how I can both agree and disagree with those reasons. Habeas corpus emerged in the middle ages in England as an instrument of royal prerogative. The King of England wanted to know why any of his subjects were being detained and if they were being detained for lawful reasons or not. It was a further attempt at formalizing and streamlining the legal process that emerged as the English monarchy was trying to wrest power away from feudal lords and barons. In 1679, the right was secured in the Habeas Corpus Act of 1679, which expanded it after several previous court cases that lessened its effect and availability (Halliday, 2010). The tradition as codified by this law travelled over the Atlantic and to the New World, where it became an integral part of American legal tradition as well. It was preserved both in Article One of the United States Constitution and in the Judiciary Act of 1789 (Wert, 2011). Habeas Corpus has been around for hundreds...
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...Study Guide: Adopted by Great Britain, their form of common law Constitutional: establishes basic character, concepts and principles of government, its organization, individual rights and privileges. Outlines duties of branches Federalism: Bill of Rights: Common law: Discovered law because magistrates discovered solutions to disputes by looking to situations in the past. Inductive. Laws because they have always been laws. Equity law: decisions of chancery court were made on the basis of fairness. Equity law begins where common law stops. Laws designed to address justice without criminal intent. (fairness) Administrative law: Rules that govern industry. Ex. FCC Statutory law: Created by government rep. Written law formally enacted by city, county, state and federal legislative bodies. Executive orders- orders from executive branch 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. Freedom of speech, press, religion, petition, assembly Laws establish boundaries and allow for punishment of violators, they limit government power, and establish fundamental rights/liberties. They carry sanctions. Policy is adopted to achieve a social goal,they lack sanctions. Laws are passed in the U.S. to support policy. FCC- Federal Communication Commission is an...
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...but as a society are we ready to accept gay and lesbian marriage? Today’s television programming, if it can be used as a mirror of what our present society is like, shows more and more gay and lesbian relationships and in a very positive light. The gay and lesbian lifestyle is in every aspect of our current society. They are police, soldiers, cooks, doctors, lawyers and even politicians. Society as a whole appears to accept gay and lesbian relationships, but is this true or is it because we don’t want to appear to be gay haters or some other politically incorrect form of prejudice. Recently, a high end Atlanta law firm, King & Spalding, would not represent the House of Representatives against a Gay Rights Advocacy group on the constitutionality of homosexual marriage due to opinion pressure. For many gay rights advocates, the decision amounted to a turning point in the debate — the moment at which opposition to same-sex marriage came to look like bigotry, similar to racial discrimination and the subordination of women (Adam Liptak 2011). Admittedly, homosexuals have had to endure...
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...Constitution is not so much that the law is foreign, but that it is modern. He would (and does) object equally to citations of modern American legal trends to inform constitutional interpretation. Justice Scalia's Modernist Argument Against Foreign Law in Constitutional Interpretation But what if one is not an originalist? Although he did not admit it during his discussion with Justice Breyer, in many areas of constitutional interpretation, even Justice Scalia makes no effort to square his views with the original understanding. For example, Justice Scalia has written important First Amendment opinions--such as the 1992 decision in R.A.V. v. City of St. Paul, which invalidated a hate-speech ordinance--that appear to expand free speech protection well beyond what the framers envisioned. (Perhaps an argument could be fashioned that James Madison and his contemporaries held the view reflected in R.A.V., but Justice Scalia's opinion in that case made no effort to present such an...
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...Debate over same-sex marriage: Is it really a threat to the institution of marriage as we know it? Chaniqua Mauldin Dr. Reba Glidewell CST 5334 Ethnic and Cultural Awareness Capella University March 6, 2011 TABLE OF CONTENTS Abstact 2 Marriage and Religion 4-6 Civil Contract # Religious view # Political and Legal Pressures # Defense of Marriage Act # Proposition 8 # Same Sex Marriage Threat to the Community # Who are same-sex marriages hurting? # Conclusion # Personal Reflections # References # Abstract Homosexuality is a global topic of debate. The topic of homosexuality has been discussed constantly throughout various media outlets. A number of debates have been argued in regard to the rights of homosexuals. One of the most hotly debated subjects is the rights of homosexual couples. This controversial topic has been widely debated for a number of years. However, the trend toward globally accepting same-sex marriage is on the rise. States such as Massachusetts have passed laws to make the union of same-sex marriages legal. Other states have taken initial steps toward accepting same-sex marriage. Whereas others are considering laws and constitutional amendments banning same-sex marriage within state borders. Some opponents of same-sex marriage argue that these unions should be prohibited due to the fact spouses cannot produce children in the way God intended. Additionally, those who contest same-sex marriages believe legalization of these unions...
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...The Patriot act was created due to a world crisis that happened in September 11, 2001 when terrorist invaded the United States of America and hijacked a couple of planes for the purpose to crash them in important places where they would get as many people as possible. One being the Twin towers or also known as the World Trade Center and also the pentagon which was not achieved due that some heroic civilians in the plane that decided to fight for their lives and the lives of others. Four passenger airliners were hijacked by 19 al-Qaeda terrorists so they could be flown into buildings in suicide attacks. Two of those planes,American Airlines Flight 11 and United Airlines Flight 175, were crashed into the North and South towers, respectively, of the World Trade Center Complex in New York City. Within two hours, both towers collapsed with debris and the resulting fires causing partial or complete collapse of all other buildings in the WTC complex, as well as significant damage to ten other large surrounding structures. A third plane, American Airlines Flight 77, was crashed into the Pentagon leading to a partial collapse in its western side. The fourth plane, United Airlines Flight 93, was targeted at Washington, D.C. but crashed into a field near Shanksville, Pennsylvania, after its passengers tried to overcome the hijackers. In total, almost 3,000 people died in the attacks, including the 227 civilians and 19 hijackers aboard the four planes. It also was the deadliest incident for...
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