...carrying the fire chaplain’s dead body to St. Peter’s Church. I originally approved the request with the notion that all students could benefit from hearing about the heroism, courage and leadership in his recount of the September 11th events. However, a parent by the name of Mr. Diorio, believes the event will promote homosexuality and has aligned with religious and conservative groups. These groups along with the board have called for a cancellation of the event. As the Principal, I felt the disruption to the learning due to all of the controversy outweighed the benefits of the event and made the decision to cancel it. Now I have been hit with a law suit stating that the GSA’s First Amendment Rights of free speech have been violated....
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...Throughout the years, American citizens have been holding their ground to defend their 1st Amendment rights, which to many people, consider it the most important right. It helps them take issue with current events and allows them to express themselves without immediately being incriminated against. This is important because it gives people a chance to change society for the better or highlight issues of morality that are not normally discussed. The “Shouting Fire” documentary provides good examples of 1st Amendment Court cases that shaped society for the better, directly addressing the issue with the suppression of speech. One of the relatively recent cases that involved the first Amendment was Morse v. Frederick (2007). In 2002, the Olympic Torch Relay went through Juneau, Alaska past Juneau-Douglas High School. The school decided to host an event to support the runners. Joseph Frederick, a senior at the school, decided to display a fourteen foot banner saying “BONG HiTS 4 JESUS.” The school’s principal, Deborah Morse, asked him to take it down because she was concerned that it would be associated with drugs but he refused to comply. The banner was taken down and Frederick was given a 10 day suspension for advocating the use of illicit drugs. In turn, he sued the school...
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...Case Study William Smith Professor Leona Williams July 15, 2014 Columbia Southern University This case study paper is focused on the exclusionary rule, which is defined as an interpretation of the Fourteenth Amendment by the Supreme Court that holds evidence seized in violation of the U.S. Constitution cannot be used in court against a defendant (Dempsey, J., Forst, L., 2011). What this rule pretty much means is that any evidence that is found to be seized in violation of the U.S. Constitution can be suppressed in court and not used against the arrested subject. The exclusionary rule evolved in U.S. law through a series of Supreme Court cases. Since at least 1914, the Supreme Court has been concerned with the use of illegal means by the police to seize evidence in violation of the Constitution, and then using that evidence to convict a defendant in court (Dempsey, J., Forst, L., 2011). The court continually warned state courts and law enforcement agencies that they must amend their procedures in order to comply with the U.S. Constitution or risk the exclusionary rule being imposed on them as well. By 1961, the Supreme Court, noting that the state courts had not amended their procedures to conform to the Constitution, applied the exclusionary rule to the state courts and law enforcement agencies, as well as federal ones. The following cases Weeks vs. United States, Rochin vs. California and Mapp vs. Ohio, I will compare and contrast each individual case. I will also...
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...Unit V Case Study BCJ-2001 March 29, 2016 Introduction The exclusionary rule applies to evidence which has been confiscated in infringement of the U.S. Constitution. There have been many alterations to the exclusionary rule and its applications throughout the years. The exclusionary rule, in addition to three court cases, which have had a direct impact on the rule, will be examined in this case study. The court cases are Weeks v. United States (1914), Rochin v. California (1952), and Mapp. Ohio (1961). The Fourteenth Amendment to the United States Constitution and how it operates is accordance to the exclusionary rule, will also be studied. Additionally, this case study will examine logical searches and how they may have pertained to the three court cases. Exclusionary Rule The exclusionary rule is an interpretation of the Fourteenth Amendment by the Supreme Court, it is not part of the U.S. Constitution (Dempsey, 2013). When written, the Bill of Rights only applied to “agents of the federal government—not to those of local governments—the Court first applied the exclusionary rule only to federal courts and federal law enforcement officers.” (Dempsey, 2013, p.179) In court cases, the rule has progressed as an interpretation of the Fourth Amendment by the Supreme Court, which forbids any irrational search and seizure of a citizen. Illegally confiscated evidence cannot be utilized against a defendant in a court, as it violates the Fourth Amendment, thus, the evidence...
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...Gateway (Second Draft) Most of all of Supreme Court case from the time of Tinker V. Des Monies case have restricted the student rights of expression, student must be free to express themselves without unfair limits and the Tinker vs. Des Moines cases affirmed the rights of students to express themselves and the 1st Amendment prohibits laws that limit free expression. The case of Tinker v. Des Monies was rather a simple one. The case of whether the first amendment applied to students or just adults. The students argued that they should be allowed to wear armbands to display their praise for the people of the dead during the war. The staff thought this shouldn’t be allowed, mostly because of their influence of their actions might disrupt the learning environment of the class and (possibly) the school. This is understandable. They only wanted was best for the students. Although they are doing this for the best for the students, isn’t this a little restricting? Yeah sure, they don’t want the students to form a riot, but not allowing them to express their feelings from the war by not letting them wear arm bands, worse case not allowing them to return until they didn’t wear it? That’s the reason why the case was started in the first place. This could be avoided if they were allowed to wear the armbands in school…to a certain extent that is. Besides, this could be the exact reason why a riot might form, the restrictions is causing a stressful strain to the students and couldn’t...
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...Background WikiLeaks states on its website: WikiLeaks is a non-profit media organization dedicated to bringing important news and information to the public. We provide an innovative, secure and anonymous way for independent sources around the world to leak information to our journalists. We publish material of ethical, political and historical significance while keeping the identity of our sources anonymous, thus providing a universal way for revealing of supposed and censored injustices. WikiLeaks, founded in 2006 by Australian Julian Assange and a small group of activist and computer experts, is a whistle-blowing website which “aims to bring to light secret information about governments and corporations” (“Times Topics”). “[I]t is the world’s first stateless news organization, because it belongs to the Internet rather than to the laws and culture of any one country” (Peters)....
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...Bradley 1. The case study references one state statute. Identify it and explain what it prohibits. “The case study of State vs. Johnson references one specific state statue, 42.09(a)(3) of the Texas Penal Code, Desecration of a Venerated Object. A person commits an offense if he/she intentionally or knowingly desecrates, a state or national flag. “Desecrate” means to deface, damage, destroy, vandalize and/or mistreat in a way that the actor knowingly will greatly offend one or more persons are like to observe or discover his/her action. This offense is a Class A misdemeanor “(Case Study Texas vs. Johnson, 2014). The statue prohibits intentionally or knowingly desecrating, destroying, damaging, burning, mistreating of a state or national flag in public that will seriously offend one or more persons and is witnessed by one or more persons. This statue was made to prohibit only flagrant acts of flag desecration that take place in a public setting or place (Case Study Texas vs. Johnson, 2014). 2. Which branch of government created the state statute? The state statue, 42.09(a)(3) of the Texas Penal Code, Desecration of a Venerated Object, was created under legislative branch. The State’s interest is to prevent a breach of peace by prohibiting certain acts of flag desecration have been considered to be unrelated to the suppression of freedom of speech, the First Amendment of the Constitution. 3. The passage above also discusses one court case. Who were the parties...
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...Prayer in Public Schools Derrick DuHart Race, Religion, Culture Arkansas Baptist College Dr. Johnson, Instructor November 4, 2014 Tables of Contents I. Introduction Background/Statement of Problems pg. 3-4 Purpose of the Study pg. 5-12 Research Questions pg. 13 Significance of the Study pg. 14-19 II. Literature Review Methodology and Sampling Design Strategy pg. 20 Data Collection Procedures pg. 20 Data Analyzed pg. 21 Ethical Issues pg. 21 III. Results Conclusion pg. 21-22 References pg. 23 Appendix: I. Annotated Bibliography pg. 24-26 II. Survey Questions pg. 27 III. Results (Charted/Tables) pg. 28-31 Notes: I. Introduction Background/Statement of Problem Prayer in Public Schools The courts have ruled against prayer in school. Many agree with the decision; yet many disagree. Prayer should be allowed in public schools because it is already practiced. It prevents...
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...In November 2000, voters in Colorado passed Amendment 20, which enabled patients and their caregivers to obtain a restricted amount of marijuana from medical dispensaries. The Colorado Department of Public Health and Environment created and informal rule prohibiting caregivers from providing medical marijuana to more than 5 patients at a time and were subsequently sued for the policy by Sensible Colorado, Colorado’s medical marijuana distribution system. In 2007, Sensible won the lengthy hearing, and its victory made way for store-front dispensaries throughout Colorado. Fast forward November 2012, 55% of Colorado’s voters were pro-Amendment 64. Amendment 64 made recreational marijuana use legal to anyone age 21 or older. This law was made...
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...In November 2000, voters in Colorado passed Amendment 20, which enabled patients and their caregivers to obtain a restricted amount of marijuana from medical dispensaries. The Colorado Department of Public Health and Environment created and informal rule prohibiting caregivers from providing medical marijuana to more than 5 patients at a time and were subsequently sued for the policy by Sensible Colorado, Colorado’s medical marijuana distribution system. In 2007, Sensible won the lengthy hearing, and its victory made way for store-front dispensaries throughout Colorado. Fast forward November 2012, 55% of Colorado’s voters were pro-Amendment 64. Amendment 64 made recreational marijuana use legal to anyone age 21 or older. This law was made...
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...[Year] [AMENDMENTS VIDE FINANCE ACT, 2010 ON “DIRECT TAX” ] [Amendments vide Finance Act,2010 are applicable for June 2011 and December 2011 terms of Examination] AMENDMENTS vide FINANCE ACT, 2010 on “DIRECT TAX” Tax Rates Rates of Income - Tax for Assessment Year 2011-12 1.1 (A) For woman, resident in India and below the age of 65 years at any time during the previous. Upto Rs. 1,90,000 Rs. 1,90,001 to Rs. 5,00,000 Rs. 5,00,001 to Rs. 8,00,000 Above Rs. 8,00,000 Nil 10% 20% 30% 1.1 (B) For an individual (man or woman), resident in India who is of the age of 65 years or more at any time during the previous year. Upto Rs. 2,40,000 Rs. 2,40,001 to Rs. 5,00,000 Rs. 5,00,001 to Rs. 8,00,000 Above Rs. 8,00,000 Upto Rs. 1,60,000 Rs. 1,60,001 to Rs. 5,00,000 Rs. 5,00,001 to Rs. 8,00,000 Above Rs. 8,00,000 Surcharge: NIL Education Cess (EC): Education Cess at the rate of 2% on income-tax shall be levied. Secondary and Higher Education Cess (SHEC): “Secondary and Higher Cess (SHEC) on income-tax: at the rate of 1% of income-tax in all cases shall be levied. Nil 10% 20% 30% Nil 10% 20% 30% 1.1 (C) Individuals, [other than those mentioned in para 1.1(A) and (B) above] HUF, AOP/BOI (other than co-operative societies, whether incorporated or not) Directorate of Studies, The Institute of Cost & Works Accountants of India Page 2 AMENDMENTS vide FINANCE ACT, 2010 on “DIRECT TAX” 2. Other Assessees: Assessee Rate of Tax 30% Education SHEC Surcharge Cess 2% on income 1%...
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...STUDY OF THE 4TH CJUS367-1004A-05 Criminal Law Study of The 4th Amendment Study Of The 4th Amendment This particular assignment wants us to take a look at the 4th Amendment specifically, surrounding a make shift drug operation, that will more than likely involve an interrogation of some type with the suspects and a search. The 4th Amendment specifically deals with a person’s rights to be protected from illegal search and seizure, and having a right to be reasonably secure in their house or dwelling. In law enforcement, probable cause must first be established in order for police officers to make arrests, make vehicle stops, etc…If a person is placed under arrest, the Miranda rights must be read, in part it reads, “You have the right to remain silent, if you give up that right, anything you say can and will be used against you…” even criminals have rights, and their rights can’t be violated no more than any other citizens, that is why they have to know they have a right to not say anything if arrested and detained by law enforcement. The Constitution of the United States of America is a document, drawn up by our fore fathers designed to lay out the “unalienable” rights of each citizen, as “endowed by the creator”; as well as delegate powers and responsibility of each branch of government, but on the premise that no one branch of government should have exclusive...
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...October 4, 2012 Daniel Ellsberg, was the person who released the Pentagon Papers to the public because the United States involvement of the Vietnam War and also there were many secrets that government officials were not allowing the public to know. Ellsberg’s career began when he entered the marines in 1954 and he started to deliver lectures at Harvard as a junior member board; during that particular time Henry Kissinger took notice to Ellsberg rational lectures. Ellsberg soon began to work as a strategic analyst in the Santa Monica office of the RAND Corporation. The RAND Corporation was the beginning of an opportunity, unbeknown to Ellsberg having clearances to top secret information – would eventually lead him to the release of the Pentagon Papers. Ellsberg became involved in the Vietnam War in 1965. “ I had accepted the official answer,….namely that there was a civil war going on, that we had a right to intervene and pick one side or the other.” Ellsberg, like many Americans in the U.S had trusted and believe that their government would guide them right for the U.S involvement in Vietnam. In 1967, Ellsberg became more concerned by the continuing violence of the war and how the U.S continued to brainwash the public through the media that the war was for the right cause. “The programs we were pursuing had no chance of succeeding. We’re not in any way proceeding as people thought they were back in Washington.” At this point Ellsberg felt the U.S should end the brutal war...
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...Recent statistics show schools that promote school uniforms are high in attendance but are lacking in academic excellence. History also shows that in cases involving dress code violations and freedom of expression have ruled in favor of the students. School uniforms create an added cost for families and the impact varies among socioeconomic groups. Although some people believe that wearing school uniforms can be a greener alterative and makes better students there is no proof that it provides a safer, more studious environment. Schools say uniforms promote a more studious environment. Research strongly states that school uniforms promote no self-expression or justifiable increase in grades. With schools that do not require uniforms to be worn a decrease in attendance but a higher grade point average is apparent among its students. The qualities of the school and academics offered should promote the environment not the clothes the school requires the students to wear. School officials say that promoting school uniforms can create less conflict among students because all the students are wearing the same clothes. But recent studies show that conflict or bullying among students is still present with schools that promote school uniforms. In the article, "Dress Codes: The Pros And Cons,” the author explains that even if every student wears the same thing bullying is still going to be present because changing what they wear by making them wear identical uniforms will not break this...
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...The most important freedom in the bill of rights is the freedom to not be creully or unusually punished as declared in the eighth amendment. This was the most important because it shows the fairness the judicial system was meant to bestow upon everyone and how there are some inequalities in the distribution of fairness in that very system today. The disparities in in the judicial systems attempt to follow this amendment can be separated by race, time period, and criminal records. Regardless of the multiple violations of this amendment, it is still a part of our mostly successful judicial system. It is true, the eighth amendment may only seem important for criminals it is actually relevant to those accused of a crime, which according to a study .5% or close to 10,000 convictions are of innocent people every year (Spring). So this amendment is relevant to everyone capable of being falsely accused of a crime. If by chance a falsely accused and convicted man is released he could potentially sue for hundreds of thousands of dollars, if he was tortured for the duration of his sentence he could, and most definitely would, sue the state for billions....
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