... n 1957, the Supreme Court declared that obscenity has never been constitutionally protected speech (1). In another court case cited by Hacker, the 1973 Miller vs. California case established a three-point test for judging illegal obscenity. It said that the average person, applying adult community standards, must find that the work in question: Appeals to a lewd, abnormal, or degrading interest in ... ) was found unconstitutional by the US Supreme Court because it was too vague and broad to effectively control pornography on the Internet (2). Meeks claims that the CDA would have restrict...

• Word Count: 816
• Approx Pages: 3
• Has Bibliography
• Grade Level: Undergraduate

... on their normal rights and privileges when they choose to participate in high school athletics. The Court used a balancing test. It weighed the students' privacy interests against the interests of the school district in providing a drug-free environment. The Court also pointed out that athletes regularly change clothes in front of each other and can expect to ... However, In Schail v. Tippecanoe County School Corporation, a federal district court ruled that a drug analysis program for student athletes was justified by the school's "legitimate need to ensure drug-free athletes" (Gittins ...

• Word Count: 1422
• Approx Pages: 6
• Grade Level: Undergraduate

... something not just uncanny, but harmful. It makes me nervous just thinking about the fact that anyone can find out where any of my friends, or family lives just by typing in their phone numbers. I think that the "Complete Detective" website could be harmful in a way that it could cause damage to your career or very important stepping stones in your ... ...

• Word Count: 844
• Approx Pages: 3
• Grade Level: Undergraduate

... As the colonies drew closer to independence from Great Britain, they became a bastion for those seeking to practice their own religion. However, to say that the colonies were free from religious persecution is far from truth. The historical roots of Christianity and the Anglican religion in colonial America set the tone for religious debate. Pennsylvania and New York, ... call for complete religious freedom negatively. Called by critics the "enemy of all religion," Jefferson attempted to reconcile Christianity with the Enlightenment.17 Frank Lambert rightly concluded that though the "fr...

• Word Count: 3342
• Approx Pages: 13
• Has Bibliography
• Grade Level: Undergraduate

... court reversed its Gobitis decision and found for Barnette on the basis that the flag pledges constituted expressions of opinion which were protected by the First Amendment the Free Speech Clause. In choosing the free speech clause, the court avoided dealing directly with the reversal if Gobitis, where the appeal had been made on the amendments ... American citizens supported the concept of a constitutional amendment to reverse the effects of Engel and later Schempp. One made it through congress. The court promulgated for the first time a test by which to compare potential infringements ...

• Word Count: 566
• Approx Pages: 2
• Has Bibliography
• Grade Level: Undergraduate

... court reversed its Gobitis decision and found for Barnette on the basis that the flag pledges constituted expressions of opinion which were protected by the First Amendment the Free Speech Clause. In choosing the free speech clause, the court avoided dealing directly with the reversal if Gobitis, where the appeal had been made on the amendments ... American citizens supported the concept of a constitutional amendment to reverse the effects of Engel and later Schempp. One made it through congress. The court promulgated for the first time a test by which to compare potential infringements ...

• Word Count: 562
• Approx Pages: 2
• Has Bibliography
• Grade Level: Undergraduate

... Revolutionary War was fought with Great Britain. After the war was over the American people knew what it felt like to finally be free. While they still remained free, Americans began to treat other races and cultures as the British had treated them. The irony found here in American history is that ... country into two separate nations with a bitter hatred for one another. Perhaps the greatest irony is the fact that the southern states now wanted to be free, and separate from the northern states. Now the nation was found in a brutal state of war, which would eventually determine the course...

• Word Count: 1438
• Approx Pages: 6
• Grade Level: Undergraduate

... most broadly defined and interpreted amendments. When invoked, the Tenth amendment has an interest in almost every aspect of our daily lives, including legalization of medical marijuana, abortion, gun free zones, driver's licenses, employment legislation, violence against women, and commerce. Whether the members of the U.S. Supreme Court follow the Marshall or Taney philosophy becomes very important due ... to recount every minutia." Madison understood that what would ultimately become the Tenth Amendment ought to be more symbolic than substantive if the new Constitution was to be free f...

• Word Count: 5600
• Approx Pages: 22
• Has Bibliography
• Grade Level: Undergraduate

... proof on the person(s) disagreeing with the law. As such, the person(s) must convince the Court that the law has no rational or justifiable governmental goals. Secondly, the strict scrutiny test is a more thorough means of the Court in applying its power of judicial review. Thus, the Court must be persuaded that the governmental purpose, objective, or interest is of a ... "compelling public interest- and there is no less restrictive way of accomplishing said purpose. Typically, this test is applied to suspect classifications, which refer to classifying people according to their religion,...

• Word Count: 439
• Approx Pages: 2
• Grade Level: Undergraduate

... right there is one that seems to constantly be undecided on what it actually means. The second amendment which reads, "A Well Regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed." Many believe that the meaning of the second amendment is that anyone and everyone ... would have to bear arms in order to protect themselves. Shay's rebellion is seen as the largest and most violent uprising in the early American history. It was the first test of the radical potential of the militia after the Revolutionary wa...

• Word Count: 1918
• Approx Pages: 8
• Has Bibliography
• Grade Level: Undergraduate

... their opinion on them? The First Amendment to the United States Constitution protects speech no matter how offensive it's content. How much we value the right of free speech is out to its severest test when the speaker is someone we disagree with most. Speech that deeply offends our morality or is hostile to our way of life promises the same constitutional ... protection as other speech because the right of free speech is indivisible. When one of us is denied this right, all of us are denied. Where racist, sexist and ... ...

• Word Count: 822
• Approx Pages: 3
• Has Bibliography
• Grade Level: Undergraduate

... a time of crisis, we weren't able to realize what kind of atrocity we were creating. American Citizens were being held against their will and rights, in military prisons because our free-willing government thought it fit at the time to strip us from our own independence. It wasn't till Korematsu V. United States, where a Japanese American spoke out in legal outcry to ... 's dissention that such exclusion goes over "the very brink of constitutional power" and falls into the ugly abyss of racism. The necessity of the argument was that there was a judicial test of whether the Government, on...

• Word Count: 749
• Approx Pages: 3
• Grade Level: Undergraduate

History 185 Test #2 04-01-03 The seventeenth and eighteenth centuries, the era that paved the way for the creation of our modern day governments and societies, was an era of political and ... affairs of the state. The peasants, who comprised the largest portion of the population, were low in literacy rate and wanted little to do with political matters but sought to free themselves from the ancient requirements of the feudal system and gain relative economic parity. Louis XVI was unable to collect the revenues necessary to maintain the French Government and pay ... clauses of the Magna Cart...

• Word Count: 4395
• Approx Pages: 18
• Grade Level: Undergraduate

... A.R.S. § 13-502 (1996), utilized in this index case, violate the defendant's right to due process under the United States Constitution insofar as only one of the two M'Naghten's insanity test prongs were utilized. Secondly, did Arizona's absolute barring of evidence, under the Mutt Rule, and refusal to consider evidence on the defendant's mental disease or defect, short of insanity, to ... Regarding the M'Naghten Rule is Constitutional In Clark v. Arizona the defendant contended that the full M'Naghten two pronged rule was the minimum test compulsory to satisfy his due process right, a...

• Word Count: 1113
• Approx Pages: 4
• Has Bibliography
• Grade Level: Undergraduate

... Circuit judges would have taken it away from him. Judges concluded that Hudson's injuries from the beating failed to satisfy the Circuit's "significant injury" ( permanent injury or one requiring hospitalization) test used to determine violations of the Eighth Amendment's prohibition on cruel and unusual punishment. 2. Describe the major arguments that your group considered during your class discussion of this case. Which ... prison guards who might fear that they can now be held liable for every use of force that results in any degree of injury. If "serious injury" is not the test, how...

• Word Count: 579
• Approx Pages: 2
• Has Bibliography
• Grade Level: Undergraduate

... between rich and poor kids born in 2001 was 30 to 40 percent larger than it was for those born 25 years earlier. America, the so called land of the free and equal, that promises everyone equal opportunities to achieve their desired dream, is an ironic title seeing as one is discriminated against and prevented from obtaining these dreams based on ... taste that my American Dream was going to be different from my male counterparts was when I decided to join the military. When I went to the recruiters after taking an aptitude test (on which I did very well and scored higher than the other ...

• Word Count: 967
• Approx Pages: 4
• Has Bibliography
• Grade Level: Undergraduate

... to the constitution, and the 27 amendments. While successive governments since the initial signing have altered many of the amendments, the Constitution of the United States has definitely stood the test of time. So was the American Revolution simply the expulsion of foreign tyranny and the establishment of a liberal republican government, or was there a wider agenda? The signing of the Declaration ... . The fact that the revolution went on over such a long period of time, with many setbacks, is itself indicative of the persistence of various groups at the time, to be free. The people of...

• Word Count: 2128
• Approx Pages: 9
• Has Bibliography
• Grade Level: Undergraduate

... stated in this case that their ruling prohibiting the vicarious assertion of rights is not addressed one way or the other within the Constitution. As a result, the state courts are free to allow defendants to block the utilization of evidence obtained through the violation of other's rights. Allowing the defendant, whose very freedom is often on the line, to take advantage ... a new rule. Only if a defendant's legitimate expectation of privacy was violated would he be permitted to request evidence derived from that violation be excluded. This is known as the Katz test, so named for the ...

• Word Count: 2672
• Approx Pages: 11
• Grade Level: Undergraduate

... right for the people to bear arms; however, by many, the stipulations of the Second Amendment are unclear. Literally, it states: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. The Second Amendment is interpreted in one of two ways: the right to keep and ... Switzerland, to bear arms in public requires an additional permit, but obtaining this permit, obligates the pursuer "to pass an examination on the correct handling of weapons as well as a test on legislation on the use of firearms" (Swi...

• Word Count: 2243
• Approx Pages: 9
• Grade Level: Undergraduate

... student activity prone to editorial censorship. Also, in my opinion, the nature of the pamphlet targeted a broad and varied group and would not have passed the "Clear and Present Danger Test". The pamphlet did not result in a direct and undesireable result, nor did it instigate an immediate reaction. As was seen in the case regarding Terminiello Vs Chicago that caused the ... Supreme Court to take stances such as Justice Holmes" statement: " Accordingly a function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induce...

• Word Count: 733
• Approx Pages: 3
• Grade Level: Undergraduate

... of Education is the first that should go. The Department of Education's budget has increased significantly from when it was first established. One would think that with such a dramatic increase, test scores of students would have increased as well, but that is not the case. There has been no correlation between spending and education. People continue to pay more and more ... money to this department, when the test scores of the students barely move. It is sad that so many taxpayer dollars are going into a system that really doesn't make their children any more educated. Many conservativ...

• Word Count: 1563
• Approx Pages: 6
• Has Bibliography
• Grade Level: Undergraduate

... change throughout its history. Many Europeans believe the Magna Carta is more sacred, arguing that it has been able to change with the times, but being able to stand the test of time is what makes our Constitution distinct. When looking at all these aspects of misunderstanding the Constitution the problem boils down to one issue: the American people are uneducated ... the true meaning of some parts. Although it may not be perfect, the Constitution is the structure for our government and society, as we know it, and has stood the test of time with little change. ...

• Word Count: 933
• Approx Pages: 4
• Has Bibliography
• Grade Level: Undergraduate

... first court case that applied the Establishment Clause to state law and started an ongoing struggle for the Court to balance the needs of both the Establishment Clause and the Free Exercise Clause. However, the Supreme Court was incorrect with their ruling because they took a loose interpretation of the separation of church and state, when they should have taken a stricter interpretation ... beliefs of religion. For the Everson vs. Board of Education decision, Justice Hugo Black wrote the majority opinion where he argues against the Establishment Clause, therefore in support of the Free...

• Word Count: 3421
• Approx Pages: 14
• Has Bibliography
• Grade Level: Undergraduate

... that had limited their tax revenues. Privatization allowed states to move public services funded by taxation into the private sector--cutting costs dramatically. According to Libertarians, privatization and a free-market is one of the key ways we can limit the power and intrusiveness of our government. Nationwide studies indicate that industries that have been privatized such as "garbage collection ... government holds a monopoly over an industry--such as it does with postal service, transportation, etc.-- it defeats consumers from acquiring the services and products that the drive of a ...

• Word Count: 7034
• Approx Pages: 28
• Grade Level: Undergraduate

... that had limited their tax revenues. Privatization allowed states to move public services funded by taxation into the private sector--cutting costs dramatically. According to Libertarians, privatization and a free-market is one of the key ways we can limit the power and intrusiveness of our government. Nationwide studies indicate that industries that have been privatized such as "garbage collection ... government holds a monopoly over an industry--such as it does with postal service, transportation, etc.-- it defeats consumers from acquiring the services and products that the drive of a ...

• Word Count: 7038
• Approx Pages: 28
• Grade Level: Undergraduate