... the Supreme Court must end the repression set by Elonis to put an end to these apparently "harmless" death threats. During its first examination of the limits of free speech on social media, the Supreme Court has agreed to consider whether violent images and threatening language posted on Facebook and other social media constitute as a true threat to others ... someone filled with what one advocate called "digital courage." (Washington Post) Elonis argues that the postings, which included the lyrics of songs by the contemporary rapper Eminem, were free speech – supposedly they're atte...

• Word Count: 1125
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... 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

... has been widely debated in our country recently. It is an important issue because it concerns fundamental moral and ethical questions about the way we interpret free speech. A variety of different arguments have been put forward about this issue, especially, the issues of decency and morality. In this essay, ... I will consider arguments for having the right to free speech on the internet and point to some of the problems with these views. I will then state why laws which prohibit people from using their ... anybody's expressions in public without censorship or restraint by government. ...

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

... of what makes America unique, we think of our freedom of speech. The First Amendment states that, "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 of the right of the people peaceably to assemble and to petition the government for a redress of ... were actually directed towards. But the girl was only voicing her opinion of my friend; isn't that just free speech? What exactly is covered by free speech? It is the opinion of a large number of Americans that there should be ...

• Word Count: 900
• Approx Pages: 4
• Grade Level: High School

... Clause of the Constitution of the United States of America states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The clause has come to mean, in everyday terms, that one may believe anything one wants, without worry that the government will take this right away. There are ... many acts that belong to certain religious organizations that, despite the Free Exercise Clause, have been deemed illegal. Among these are drug use, polygamy, and homicide in the name of religion. The subject in question is whether or not the federal...

• Word Count: 1219
• Approx Pages: 5
• Grade Level: High School

... controversy. Justice Holmes further supported their decision by adding, "the character of every act depends up on the circumstances in which it is done." Furthermore, "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre, and causing panic. It does not even protect a man from an injunction against uttering words that may have all ... obstructed the duties of soldiers who were fighting a war to secure our rights and liberties. What is the extent the government can take in suppressing free speech? The government does have logical argum...

• Word Count: 350
• Approx Pages: 1
• Grade Level: High School

... brings up a very large question. Is drug testing an ethical way to decide employee drug use? It is also very hard to decide if the test is an invasion of employee privacy. "The ethical status of workplace drug testing can be expressed as a question of competing interests, between the employer's ... must be done in a certain manner. Someone who is incoherent because of drug abuse cannot be a pilot for example. This is why employers can test to see if characteristics or tendencies would affect performance. An employee may not want to give a urine or blood sample. The employee may not wan...

• Word Count: 1159
• Approx Pages: 5
• Grade Level: High School

... 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

... America's public school systems are facing a series of major problems. The classrooms are crowded, violence is growing, and test scores are falling. Some people believe the ways the schools are funded are the reasons behind these problems. There have ... that was already set into place. The federal district court excluded sectarian schools from the voucher program. The federal district stated, although parents are free to send their child to a secretarial school they do not have the right to require taxpayers to subsidize that choice. Another major issue revolving ... around the voucher ...

• Word Count: 1038
• Approx Pages: 4
• Grade Level: High School

... provided their samples in private. Drug education seminars or suspension from the team for two athletic seasons were the consequences that one faced if their test result was positive. One seventh grader, James Acton, disagreed with this policy and refused to submit a urine sample. Acton's defiance resulted ... concluded that " the ACLU was likely to succeed on its claim that random drug testing of student athletes would violate their right to be free from unreasonable searches and seizures" (ACLU, 1997). In September of 1998, The ACLU of New Jersey announced that the Ridgefield Park Boa...

• Word Count: 1007
• Approx Pages: 4
• Has Bibliography

... , parades, and artistic expression (Klotter 44). Although the First Amendment guarantees the freedom of speech the right to speak is not absolute and has particular limitations (Klotter 44). Legislatures are free to enact laws regulating conduct associated with speech because the First Amendment protects the message but not all forms of conduct that is used to carry out the communication (Klotter ... is not protected by the First Amendment (Klotter 52). In order for communication to be labeled as obscene it must fall under all three aspects of the Miller Test (Klotter 53). The Miller Tes...

• Word Count: 934
• Approx Pages: 4
• Has Bibliography
• Grade Level: High School

Second Amendment The second amendment to the United States Constitution 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." This amendment was adapted to the Bill of Rights in 1791, and the controversy over ... issues started in 1715 when Maryland passed a law banning African American slaves from carrying a gun unless they had a permit. After the Civil War, Maryland adopted a law to prohibit any "freeman, free negro or mulatto" in owning or possessing a firearm. Laws were later passed in o...

• Word Count: 519
• Approx Pages: 2
• Has Bibliography
• Grade Level: High School

... , parades, and artistic expression (Klotter 44). Although the First Amendment guarantees the freedom of speech the right to speak is not absolute and has particular limitations (Klotter 44). Legislatures are free to enact laws regulating conduct associated with speech because the First Amendment protects the message but not all forms of conduct that is used to carry out the communication (Klotter ... is not protected by the First Amendment (Klotter 52). In order for communication to be labeled as obscene it must fall under all three aspects of the Miller Test (Klotter 53). The Miller Tes...

• Word Count: 827
• Approx Pages: 3
• Has Bibliography
• Grade Level: High School

... 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

... and biological standpoint can be beneficial. However, this is rarely the case with affirmative action. According to the NIF booklet, a white firefighter received the eleventh highest score on an advancement test. However, a black firefighter who received the ninety-fifth highest score was promoted instead. It makes sense that a firefighter who scored a higher on ... a test, especially to this degree, would make the community a safer place than someone who scored lower. This obviously was a failure for affirmative action. Additionally, many minorities and women resent the fact ... into...

• Word Count: 928
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... 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

... complete lack of fairness and trust towards young athletes. Drug use obviously does go on with high school students, but singling out athletes for a random drug test is not the solution. Drug Testing Background In the summer of 2002 the Supreme Court made it legal for the 23 million high schools and middle schools ... as it is. They are the ones striving to be the best, set the new school record, and go to state. Giving them a drug test along the way just diminishes their pride and self-confidence completely. Most people who are in sports would never do drugs during their sporting season...

• Word Count: 917
• Approx Pages: 4
• Grade Level: High School

... same sex, and asked to urinate in a cup. The teacher stand about 15 feet away, then listens for any noise that sounds like tampering. If the student passes the drug test, no questions are asked they go about their day, if a student fails they are asked to take another one. If the student fails the second drug ... notified, and actions are taken. Actions that are taken are things like a student can still play sports, but they have to go to drug counseling and have to take a drug test every week. If students and parents don't agree to this student is suspended from sports for one whole se...

• Word Count: 712
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• Grade Level: High School

... follow a list of certain qualifications. They should all have been a member of congress, a governor, or a member of the President's cabinet. They should also be able to take and pass a written test, testing them on their knowledge of the court system and their ability to make wise decisions. And lastly, the Supreme Court justices must all have different ethnic backgrounds and be ... you would do in a certain situation. Then there is an essay question asking you to describe, "What being a Supreme Court Justice means to you." It is necessary to pass this test, that way were sure to have J...

• Word Count: 564
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... many interviews with acquaintances of the perpetrator and school and court records. Another factor in Dr. Nelson's decision was due to the fact that Daryl Atkins has taken a standard intelligence test and had scored a 59. According to Dr. Nelson, this is in the less than one percentile of the United States population. This specific ... test that the doctor had giving Atkins was the typical test used by the United States Government for "assessing intellectual functioning" and has a point scale form 45-155. The association that Dr. Nelson belonged to is known as The American ... ". Dr. Sa...

• Word Count: 1034
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... up the issue that he believed he had been rejected merely on the basis of his Caucasian status, and that minorities who had gained admission into the University had lower test scores then he did . The Bakke Supreme Court dispute reflected the intense and widespread emotions aroused by quotas, by preferential or compensatory treatment, and by affirmative action. Four justices ruled ... white opposition to "reverse discrimination", but did not weaken the strength of the affirmative action movement. "You do not wipe away the scars of centuries by saying, now you are free to go where you wa...

• Word Count: 1039
• Approx Pages: 4
• Has Bibliography
• Grade Level: High School

... that think it should be according to the "freedom of expression" clause in the constitution- but it is not. After numerous conflicted issues the Supreme Court finally came up with a test in Miller vs. California, in 1973. "It decided that a book, film or piece of material is legally obscene if 1) The average person applying present day standards finds that the work ... of "obscene", just the degree to which it falls is in question. Obscene articles can have the affect of ruining a persons reputation, which is an infringe on their rights as free citizens of this country. Some argue that ...

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... , hindering their ability to play their best. Marijuana, the most frequently used drug among this age group slows reaction time, affects memory, and tires an individual out. The tests rarely test for all drugs, including tobacco and alcohol (the drugs most commonly used by adolescents). Since studies show that an estimated 500,000 to 600,000 teenagers in the United States ... not they permit to the tests. Testing many students for all drugs is expensive, very expensive. Funds may have to be diverted from other, more positive prevention programs. For a single test, it would cost about $55...

• Word Count: 495
• Approx Pages: 2
• Grade Level: High School

... 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