... Deland, Gary, Gallaher, Sharon, and Bowker, Gary.) Although prisoners do not have full Constitutional rights they are protected by the Constitution's prohibition of cruel and unusual punishment. This protection requires that prisoners be afforded a minimum standard of living. Prisoners retain some other Constitutional rights including due process in their right to administrative appeals and a right of access to the ... from "pat-down searching" them. The 9th Federal Court of Appeals recognized that female inmates, as a class, have experienced significant sexual abuse and they are therefo...

• Word Count: 2215
• Approx Pages: 9
• Grade Level: Undergraduate

... is still debated to this day in many public forums as well as in the courts of the United States. The protection granted by Freedom of Speech have some limitations and restrictions. These limitations and/or restrictions include that Freedom of Speech ... ruled that the threat of a Communist revolution was too great to allow First Amendment protection. However, the political climate changed and judicial limitations were placed on the Smith Act. The Courts stated that the violent overthrow of the government in an abstract or philosophical ... sense but not advocating the violation of any...

• Word Count: 1576
• Approx Pages: 6
• Has Bibliography
• Grade Level: Undergraduate

... of the land in 1791" (Ostrowski 3). "Just seven years after the adoption of the first amendment, congress passed the Sedition Act of 1798. The Act was enforced against Republican papers in an effort to keep Jefferson's party from defeating the federalists in the 1800 election. This ... , writings, and speeches (Linder 1). "The next time freedom of speech was challenged was during World War 1. Congress passed the Espionage Act of 1917, which forbade among other things, promoting insubordination or refusal of duty among the armed forces" (Ostrowski 5). "Three persons convicted under this ....

• Word Count: 1987
• Approx Pages: 8
• Grade Level: Undergraduate

... is saying that these items belong to the individual and cannot be taken or searched through with out a reasonable cause. Along with the Fourth Amendment, the Fifth Amendment also implies a protection of privacy. The Fifth Amendment "prevents individuals from being forced to incriminate themselves" (Gottfried 10). Although the Fifth Amendment is often time used in court cases when defendants are able ... on the issue of personal privacy since Brandeis defined it in the 1920's. In 1966 a large step was taken in the area of personal privacy when the Freedom of Information Act "gave citizen...

• Word Count: 2150
• Approx Pages: 9
• Has Bibliography
• Grade Level: Undergraduate

... particularly in the South, African-Americans who historically had faced racial discrimination were unable to elect candidates of their choice in most elections. In 1982, the Voting Rights Act was amended to include provisions requiring certain jurisdictions to take steps to give minority voters an opportunity to elect candidates of their choice. To allow minority voters to elect ... be unconstitutional if "race for its own sake" becomes the legislature's dominant and controlling rationale in constructing its district lines." In Shaw v Hunt, the Court again considered the equal protection...

• Word Count: 1766
• Approx Pages: 7
• Grade Level: Undergraduate

... include listening to a speech, watching a movie, reading a book or viewing a webpage, among many other things. The internet deserves protection of free speech because it is the most widely used form of mass communication we have. As US Judge Stewart Dalzell wrote in overturning the Communications Decency ... Act, "The internet may fairly be regarded as a never-ending worldwide conversation. The government may not . . . interrupt that conversation. As the most participatory form of mass speech yet developed, the internet deserves the highest protection from governmental intrusion." CNET N...

• Word Count: 592
• Approx Pages: 2
• Has Bibliography
• Grade Level: Undergraduate

Internet Censorship The debate over whether the government should censor the Internet is intense. In 1995 the senate passed the Communications Decency Act written by Senator Jim Exon. The act "outlaws "obscene, lewd, lascivious, filthy or indecent" communications on the Internet," (Exon 130). Americans on both sides of the issue are asking some very pertinent, yet difficult to answer, questions ... "a verified credit card, debit account, adult access code or personal identification number," to gain access into questionable Internet cites (Exon 127). Opponents of Internet censorship and the Co...

• Word Count: 935
• Approx Pages: 4
• Has Bibliography
• Grade Level: Undergraduate

... of the land is being violated in many different ways; the first is the fourteenth amendment. The fourteenth amendment states that all men have equal protection under the law; the denial of marriage is not equal protection or equal rights. According to article nine of the Constitution the enumeration, of certain rights, shall not be construed to deny or disparage others retained ... one does not truly have freedom of religion if one does not have the right to freedom from religion as well. The defense of marriage act, or DEMO, was passed in 2001 by the senate. This act states that the fe...

• Word Count: 409
• Approx Pages: 2
• Grade Level: Undergraduate

... of the Internet has created a new arena for the government to regulate. Passed in 1998, The Child Online Protection Act (COPA) was intended to keep minors from accessing harmful material on the World Wide Web. COPA relies on community ... the First Amendment. Writing the majority opinion in this case was Justice Clarence Thomas. He defended Congress's attempt to tone down the Communications Decency Act, which was declared unconstitutional in Reno v. American Civil Liberties Union. While the CDA covered all aspects of the Internet including email, COPA ... harmful to minors in a parallel...

• Word Count: 2266
• Approx Pages: 9
• Has Bibliography
• Grade Level: Undergraduate

... of the Internet has created a new arena for the government to regulate. Passed in 1998, The Child Online Protection Act (COPA) was intended to keep minors from accessing harmful material on the World Wide Web. COPA relies on community ... the First Amendment. Writing the majority opinion in this case was Justice Clarence Thomas. He defended Congress's attempt to tone down the Communications Decency Act, which was declared unconstitutional in Reno v. American Civil Liberties Union. While the CDA covered all aspects of the Internet including email, COPA ... harmful to minors in a parallel...

• Word Count: 2266
• Approx Pages: 9
• Has Bibliography
• Grade Level: Undergraduate

... 's expression was not for uttering insulting words, this complicated the Supreme Court's decision. The First Amendment forbids the abridgment only of "speech" but the court has long established that its protection does not end at the spoken or written word. Therefore, the court must determine whether Johnson's goal to convey a particular message was present, and whether those who viewed it would ... such a symbol without punishment would be unjust. Also dissenting, Justice Stevens questions, "Is it the power of the state or the federal government to decide the punishment on such an act?"...

• Word Count: 900
• Approx Pages: 4
• Grade Level: Undergraduate

... doubt that the so called democracy that many of us believe in is in fact authoritative governance" [qt. Rosen 1999]. The original Bill of Rights is basically a narrative of the protection of the people under the law and it prevents war representatives to exploit the people. At the time religion had been the dominant force behind the Bill thus allowing the ... waltz right into someone's house and do whatever they saw fit which is not right. With the above discussion it is clear that the foundation of the American freedom and protection of the Bill of Rights have changed for the worse as ...

• Word Count: 826
• Approx Pages: 3
• Grade Level: Undergraduate

... obscene advertisement of them"#. In both instances, under one ruling, the court, consistent with the sexually conservative morals of the time ruled in favor of the government, stating: "The protection given speech and press was fashioned to assure unfettered interchange of ideas for the bringing about of political and social changes desired by the people but implicit in the history ... deals with sex in a manner appealing to prurient interest. The portrayal of sex, e.g., in art, literature and scientific works, is not itself sufficient reason to deny material the constitutional protectio...

• Word Count: 3509
• Approx Pages: 14
• Grade Level: Undergraduate

... the Unites States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." This Amendment, one of the Civil War Amendments, would later be used by the Supreme Court to extend the religion clauses of the first amendment beyond the ... public schools, is another example of the pervasiveness of religion in the education system. The Pledge was first published Sept. 8, 1892, but the phrase, "under God", was added by an act of Congress in 1954, it has since been removed ...

• Word Count: 833
• Approx Pages: 3
• Grade Level: Undergraduate

... the nation's 429 airports. The federal trained screeners undergo background checks and replace airport screeners from reputable and regrettably, disreputable private companies. In an official act of legislature, Congress passed the Aviation and Transportation Security Act. This bill creates the Transportation Security Administration and authorizes it to assume from the airlines renegotiated contracts with private security companies; also, the Transportation Security Administration ... becomes the oversight and advisory group that is in charge of federal airport screening. Another well-a...

• Word Count: 1639
• Approx Pages: 7
• Grade Level: Undergraduate

... ). The tax has no direct correlation to the children's safety through transportation and either way the parents are reimbursed. Jackson also uses the New Jersey Act as evidence to support his claim. He clarify that the act "permits payment for transportation to parochial schools or public schools, but prohibits it to private schools operated in whole or in part for profit ... ;elaborated by the decisions of this Court prior to the application of the First Amendment to the states by the Fourteenth" (Black). Because the of the Fourteenth Amendment's Equal Protection Clause "was interpreted ...

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

... one element in a personal bond that is more enduring."" The liberty protected by the Constitution allows homosexual persons the right to make this choice. Justice Scalia is arguing that the act of sodomy is harmful to others because if exposed to homosexuality, one might be induced to follow the path. The expansion of the right to privacy was once again brought ... until 1986, the Constitution has been interpreted in the manner that its Framers intended it to be. "After being charged with violating the Georgia statute criminalizing sodomy by committing that act with another adult male i...

• Word Count: 1942
• Approx Pages: 8
• Has Bibliography
• Grade Level: Undergraduate

... a great deal of information on the Internet that some people may view as "indecent." Congress has attempted to censor this information in the past, most notably with the Communications Decency Act, a controversial piece of legislation signed into law by President Clinton on February 8, 1996 (Esposito). There were many advocates to passing this law that claimed that there is much information on ... . In a landmark 1997 decision, the Supreme Court ruled that the Internet is a unique medium entitled to the highest protection under the free speech protections of the First Amendment to the Un...

• Word Count: 1019
• Approx Pages: 4
• Grade Level: Undergraduate

... problem but merely covering it up. The problem needs to be exposed and recognized as an issue to be effectively treated. Enforcing certain hate speech codes that go beyond the protection of the first amendment can actually be more harmful then better. For instance, and African American Educator said that he actually felt more of a minority once a university he was attending ... enforced speech codes protecting him. Another example, a Racial Relations Act was adopted in 1965 to outlaw racist defamation. But the act was largely used to persecute activists of color, trade unionists and ant...

• Word Count: 593
• Approx Pages: 2
• Has Bibliography
• Grade Level: Undergraduate

... the United States today is advertising. During events such as the Super Bowl, companies pay large sums of money in return for thirty seconds of air time. Advertising is the act of promoting a product by informing the public of the products worth. Whether it be television, radio, or newspapers, companies must find a distinct name and phrase that one can associate with ... limit both what and how one can advertise; as a result, malicious acts of racism and racial disunity cease to exist. Government agencies have developed copyrights and patents to ensure the protection of people's rights ...

• Word Count: 828
• Approx Pages: 3
• Grade Level: Undergraduate

... against illegal actions. It is important to distinguish between words and action. Rather than implement rigid speech codes as a solution, universities should stress personal responsibility of those who speak and act. While words may incite people to action, the Constitution and the laws of the United States direct us to support the freedom of speech of individuals, and condemn the actions ... mind. With the emergence of enforced speech codes, however, students are forced to think twice before expressing their views. Instead of focusing on the best education for students, or the protecti...

• Word Count: 955
• Approx Pages: 4
• Grade Level: Undergraduate