... to be searched, and the persons or things to be seized (Ferdico 90-10). This guarantees citizens of The United States a reasonable expectation of privacy for private belongings and protection against harassment from government officials invading personal property without a search warrant. A solid justification supported by the totality of circumstances is required to obtain a search warrant on a citizen. ... liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The Bill of Rights was created to protect citizens f...

• Word Count: 1446
• Approx Pages: 6
• Has Bibliography
• Grade Level: High School

CENSORSHIP: PROTECTION VS. FREEDOM On September 6th, 2001, fourteen year-old Corey H died. He killed himself with a butcher knife in his home in Turket, PA. His death hardly affected the small town ... in mind. In a world where violence, sex crimes, and teen pregnancy levels are rising steadily, one cannot help but want to protect the youth. Censorship, for some people, is the protection of rights, not the removal of them. Educators are just trying to protect our youth from harmful influences, just as the Parental Advisory Board protects them from inappropriate song lyrics ... . As the soul ...

• Word Count: 935
• Approx Pages: 4
• Grade Level: High School

... who spoke their language. The issue at hand was whether or not the rights of immigrant children and youth were being violated under the equal protection clause of the U.S. Constitution, as well as the Civil Rights Act of 1964. Decision, Lau v. Nichols The Supreme Court unanimously favored Lau and found that, rather than violating the Equal Rights Clause of the Fourteenth ... . They also, "dealt directly with segregation and ruled that even if tangible factors like facilities, teachers and supplies were equal, separation itself was inherently unequal and a violation of the equal protecti...

• Word Count: 2227
• Approx Pages: 9
• Has Bibliography

... to both the state of Tennessee and twenty five individual counties contending that the operation of courthouses inaccessible to individuals with disabilities is in violation of Title II of said act. Lane is seeking 100,000 dollars in damages for humiliation and embarrassment. Beverly Jones is demanding 250,000 dollars in reparations for humiliation, embarrassment, and lost income ( ... violation versus the congressional legislation in place to combat it. The test itself is preformed first by identifying the constitutional right in question. In Garrett, the issue was equal protection. Sec...

• Word Count: 2580
• Approx Pages: 10

... 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

... 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: 3147
• Approx Pages: 13
• Has Bibliography

... periods of times when this amendment has been set aside. The intervals are sedition acts and wartime censorship. The Sedition Act of 1798 gave federal authorities the privilege to bring to trial anybody suspected of plotting against the federal government. This act stopped legitimate political discussion, and was criticized for this reason. People who spoke against the government either bowed to the ... pressure or were punished because of this act. This act expired in the 1800s and was not renewed. Reparations were given to its victims, based on the opinion that they were coherent to t...

• Word Count: 2064
• Approx Pages: 8
• Has Bibliography

... periods of times when this amendment has been set aside. The intervals are sedition acts and wartime censorship. The Sedition Act of 1798 gave federal authorities the privilege to bring to trial anybody suspected of plotting against the federal government. This act stopped legitimate political discussion, and was criticized for this reason. People who spoke against the government either bowed to the ... pressure or were punished because of this act. This act expired in the 1800s and was not renewed. Reparations were given to its victims, based on the opinion that they were coherent to t...

• Word Count: 2212
• Approx Pages: 9

... 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

... attain the Heavyweight Championship. The Beatles were topping the charts with "A Hard Day's Night". But most importantly, congress passed the Civil Rights Act of 1964. This law intended intended to end discrimination based on race, color, religion, or national origin. It is generally considered the most ... of speech". The Supreme Court ruled that, according to the Constitution, the framers did not want any amendments to impose on the states protection of the freedom of speech. It is for this reason I believe the court wasruling in an interpretivist manner. They saw what was ... indict...

• Word Count: 2444
• Approx Pages: 10
• Grade Level: High School

... 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

... YORK TIMES: TOP COP WINS The mighty have fallen! Yesterday afternoon, in a little over two hours, unanimous jurors found that The New York Times did not have First Amendment constitutional protection from libel suits when it printed statements that contained factual errors that damaged the official's reputation. The jurors awarded the police commissioner, L.B. Sullivan, $500,000 in damages. The March 29 ... in damages. 2) Discuss the similarities and the dissimilarities between the common law of Alabama as applied by the Alabama courts in Sullivan v. New York times, and the Sedition Act...

• Word Count: 1074
• Approx Pages: 4

... is known under the name the idea–expression dichotomy. The copyright law of the United States is governed by the federal Copyright Act of 1976. Copyright Status of Work by the U.S. Government 17 U.S.C. § 105 withholds copyright from most publications produced by the United States ... Government, and its agents or employees while in their employment: Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from ... receiving and holding copyrights transferred to it by assignment, bequest...

• Word Count: 1158
• Approx Pages: 5
• Has Bibliography
• Grade Level: High School

... 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

... in question, the material is either used by the agency or is destroyed. Probably the biggest battle yet over the first amendment rights so far has been the Communications Decency Act or CDA. In March 1995 Senator Jim Exon introduces legislation to criminalize online publication of any material deemed "obscene, lascivious, filthy or indecent." This legislation was attached to a larger and ... too vague. With that loss, proponents of the CDA have vowed to bring new legislation. Another Bill that Was introduced into legislation is the Child Online Protection Act or COPA. In March of 1998, ...

• Word Count: 1060
• Approx Pages: 4

... in question, the material is either used by the agency or is destroyed. Probably the biggest battle yet over the first amendment rights so far has been the Communications Decency Act or CDA. In March 1995 Senator Jim Exon introduces legislation to criminalize online publication of any material deemed "obscene, lascivious, filthy or indecent." This legislation was attached to a larger and ... too vague. With that loss, proponents of the CDA have vowed to bring new legislation. Another Bill that was introduced into legislation is the Child Online Protection Act or COPA. In March of 1998, ...

• Word Count: 1060
• Approx Pages: 4

... question was whether flag burning was a form of freedom of speech. Eichman and a group of people burned several flags; some on the capital steps and some in Seattle. The Flag Protection Act of 1989 says "anyone who knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or the ground, or tramples upon a United States flag can be prosecuted." Flag burning is ... speech and flag burning is part of free speech. This can be proven in the 1st Amendment, The Flag Protection Act, and the fact that the flag does not loose its symbolism when it is burned. The United State...

• Word Count: 546
• Approx Pages: 2
• Grade Level: High School

... fundamental rights of the people. In practice, though, some kinds of speech and publication are considered outside the amendment's purview, and others, like commercial speech receive a reduced level of protection. In addition, broadcasters are subject to government licensing requirements. The protections to be afforded users of on-line computer services, the Internet, and other new means of publication are the ... focus of a developing debate; in 1996 a federal district court panel struck down the new Communications Decency Act, holding that Internet communications were entitled to the ...

• Word Count: 1790
• Approx Pages: 7

... reason universities enact speech codes. Speech codes place a heavy infringement on students' and faculties' rights. Because a small group is offended, the university feels that group needs special protection. These groups usually include, non-whites, women, homosexual individuals, and the disabled. The only way universities seem to protect these groups is they limit the rights of all the ... Slivergate also explains that "most serious legal authorities recognize that "fighting words" doctrine has been effectively abandoned by the supreme court and that offensive speech enjoys virtually ...

• Word Count: 2199
• Approx Pages: 9

... States Supreme Court mostly settled the legal issues of privacy in two decisions. The first requiring each state to display enough compelling interest to take precedence over the First Amendment protection given to journalists for the publication of truthful information. The Court has made it nearly impossible for rape victims to win privacy suits against media that identifies victims. However, this ... the American public. This paper targets specifically rape victims because they have brought more private-fact suits then anyone else. Roughly half of the states provide some kind of stat...

• Word Count: 2849
• Approx Pages: 11
• Has Bibliography
• Grade Level: High School

... 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

... , "The Statecannot deprive any person of life, liberty or property, without due process of law; nor deny any person within itsjurisdiction the equal protection of the laws." The group believes that a terminally ill patient has the Constitutionalright to decide whether or not to end his or her life with ... life with the aid of a doctor. Senior Judge S. JosephDavis, brought in from Seminole County, "found that Florida's strict privacy law and the equal protection clause in theU.S. Constitution entitled Hall, 35, and Dr. McIver to carry out an assisted death without fear of prosecution" (Su...

• Word Count: 678
• Approx Pages: 3
• Grade Level: High School

... , "The Statecannot deprive any person of life, liberty or property, without due process of law; nor deny any person within itsjurisdiction the equal protection of the laws." The group believes that a terminally ill patient has the Constitutionalright to decide whether or not to end his or her life with ... life with the aid of a doctor. Senior Judge S. JosephDavis, brought in from Seminole County, "found that Florida's strict privacy law and the equal protection clause in theU.S. Constitution entitled Hall, 35, and Dr. McIver to carry out an assisted death without fear of prosecution" (Su...

• Word Count: 678
• Approx Pages: 3
• Grade Level: High School