...WASHINGTON, Mar. 3. – Charles Schenck, the general secretary of the Socialist Party of America believed that the war draft was a form of involuntary servitude, or slavery. He sent in 15,000 pamphlets, encouraging them to oppose the war. The government then accuses Schenck for violating the Sedition Act by intending to obstruct the war drafts and weaken the soldiers’ loyalty. Schenck was then arrested and charged in Philadelphia, PA, for violating the Sedition Act for: “attempting to cause insubordination in the military and naval forces of the United States” and was convicted. A few days later after he was convicted, he appealed his case to the Supreme Court. The Supreme Court agreed to hear his case and his case was tried on January 9th, 1919. During the trial, many questions were brought up. One of which was whether or not the first amendment could be limited during wartime and whether or not if the Sedition Act was constitutional. “I don’t believe that freedoms should be limited at all during wartime.” said Schenck’s lawyers. “There would be no point in the constitution if freedoms are limited.” What follows is an excerpt of an interview with Schenck’s lawyers during a brief intermission. Q. As addressed during the trial, Do you believe your client has endangered the American people by promoting the burning of draft cards? A. No Schenck has not directly told the recipient to burn their draft cards, it is only inferred that he has. Q. Even so, would it not cause insubordination...
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...The decided date of this case was March 3rd, 1919. The parties involved was Schenck and the US government in which Schenck believed that people should not accept the draft. The US Government stated that he was possibly violating the Espionage act. The conflict was whether or not Schenck was allowed to do this under the First Amendment. The United States won in which the court concluded that what Schenck was doing was illegal under the Espionage Act. There were no dissenting opinions, the ruling was unanimous. I believe that there should be a limit to the freedom of speech as people should not be allowed to run around and yell anything that could cause harm or yell anything that can advocate committing a crime. This court case specifically...
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...breakthrough technology. If re-written, it could apply to today as well. It is pointed out how the internet has revolutionized our lives and society, and then the article points out how vast this new arena is, lending itself to all sorts of “bad stuff out there.” It is the rate at which crimes are reported that has really caused the focus of the article to occur. A slew of statistics are given, which, if compared to today, would probably seem like child’s play, but the point is that rate of increase is comparatively alarming. U.S. News and World Report, whom the team of authors is employed for, sent a team of reporters out for one particular week to discover a host of crimes in the online world, and the rest of the article is spent reviewing cases discovered, culminating with a week-in-review list of the reporter’s findings. The first legal issue the article analyzed was cyberstalking, or the equivalent of the playground bully, but on a more serious level, and done from halfway across the country. The scene is a picture of a middle school set in the crosshairs of a riflescope and the school principle displayed...
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...AMENDMENT [pic] Reflections on the First Amendment NAME University of Phoenix Online United States Constitution – HIS301 Reflections on the First Amendment Judged by the sheer number of cases brought to the Supreme Court for debate, the First Amendment can be considered one of the most controversial amendments in the Bill of Rights. The First Amendment was written to address three fundamental liberties all citizens have: religion, speech and peaceful assembly. On closer inspection, there are six very different ideals melded together into one defining statement. When the U.S. Constitution was signed on Sept. 17, 1787, it did not contain important freedoms that are now outlined in the Bill of Rights, because many of the Framers viewed some of the freedoms as unnecessary. However, after vigorous debate, the Bill of Rights was adopted. The first freedoms guaranteed in this historic document were expressed in 45 words written by James Madison that we have come to know as the First Amendment. 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 the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Freedom of expression, artistic or otherwise in the United States is governed by the First Amendment to the U.S. Constitution. Without a doubt the First Amendment...
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...CHAPTER 22 PRACTICE TEST 1. The United States response to events in China during the last years of the 19th century was to a. send an American gunboat to force the Manchu dynasty to capitulate. b. request equal trading privileges and announce the desire to preserve China's territorial integrity. c. bomb the capital until Chinese terrorists surrendered. d. send covert aid to the Harmonious Righteous Fists in an effort to overthrow the anti-Western Manchu empress. 2. The Roosevelt Corollary a. claimed that the United States had the right to act as a policeman in Latin America to keep order and prevent chronic wrongdoing. b. was issued to justify the role the United States played in ending the Russo-Japanese War. c. reversed that part of the Monroe Doctrine that stated the United States would not intervene in European affairs. d. demanded that Germany pay reparations for the sinking of the Lusitania. 3. A practical demonstration of the principles that Theodore Roosevelt announced to Congress in December 1904 can be seen in events in the Dominican Republic, where the United States a. supported a revolution to oust the repressive dictator and institute a liberal democracy. b. operated the customs service and took over the management of the foreign debt. c. supervised the election of the first free-elected president of the nation. d. invited two rival powers to a peace conference at Portsmouth, New Hampshire...
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...other group. It is pure hatred, not based on any wrong done by an individual” (157) Throughout history, many cases involving hate speech have been brought to court; each of them differ in their own ways and each brought a significant change to our Constitution. Our country prides itself in having freedom for all, and that includes freedom of speech. But when does freedom of speech cross the line? Many court decisions tried to come up with a solid answer, but there may not ever be a successful way to categorize hate speech. All of the cases covered here played a large part in transforming what the First Amendment covers. America started to recognize the significance of hate speech beginning in 1940, and policies began to form to protect offensive speech. At this point in history, hate speech was better known as “racial and religious propaganda” (Walker 62). The Holocaust was a major turning point for America, because we realized the destruction that it caused, and the government wanted to make sure nothing of that nature ever happened again. Americans realized it was constitutionally important to protect minorities that were being mistreated. In a time when Americans were striving to protect minorities, the Jehovah’s Witnesses crisis ensued. These Witnesses were creating offensive religious publicity through speaking to anyone and everyone that would listen. Cantwell v. Connecticut (1940) is a...
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...delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public welfare, intra-state commerce. Example of police powers: Gonzales vs Raich (2005) and California Medical Marijuana. The parts and relevance of the "Triad of Powers" • Interstate commerce clause • General welfare • 10th amendment – non-delegated powers go to the states Federalism between states (i.e. full faith and credit and privileges and immunities clause, original...
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...are guaranteed by the Constitution and cannot be denied to citizens by government. Most of these rights are in the first 10 amendments to the Constitution, known as the Bill of Rights. The original English legal charter, the Magna Carta of 1215. 2. How are civil liberties different from civil rights? 73 - Civil liberties may be distinguished from civil rights (sometimes called equal rights), which refer to rights that members of various groups (racial, ethnic, sexual, and so on) have to equal treatment by government under the law and equal access to society’s opportunities. 3. What were the Alien and Sedition Acts and were editors if newspapers actually jailed? 74 - Alien Act, which authorized the president to deport from the United States all aliens suspected of “treasonable or secret” inclinations; the Alien Enemies Act, which allowed the president during wartime to arrest aliens subject to an enemy power; and the Sedition Act, which criminalized the publication of materials that brought the U.S. government into “disrepute.” Yes 4. What is the Patriot Act and what is “Gitmo”? How did Obama alter US policy? 75 - USA Patriot Act, authorizing President Bush to take numerous steps to prosecute the war, including giving the federal government broad new powers to detain suspects without hearings at the Guantanamo Military Base in Cuba and elsewhere. Guantanamo Military Base. Obama did halt the...
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...laws, freedom of speech and expression, freedom of worship and religion, freedom of assembly and association, freedom to move freely and to reside and settle anywhere in India, freedom to follow any occupation, trade or business, freedom of person, freedom against double jeopardy and against ex post facto laws. These rights are knows as Fundamental Rights and are envisaged in Part III of the Constitution of India. A person can claim Fundamental Rights against the state subject to the state imposing some permissible restrictions in the interest of social control. The grounds for imposing these restrictions on Fundamental Rights are expressly mentioned in the Constitution itself and, therefore, these rights can be abridged only to the extent laid down. The Ramlila Incident was a very unfortunate event. The Supreme Court of India took suo moto cognizance of the case and gave a new dimension to the Fundamental Rights stating that the right to sleep peacefully was a part was Article 21 and thus a Fundamental Right. The brief facts concerning the incident are that Baba Ramdev wanted the government to bring all the...
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...Test 1 (Ch 1-2) ANSWERS | Judge J. D. Langley | Govt 2305 | | 1. Ch01-001-p002 The Jamestown settlement was funded by c. The London Company. 2. Ch01-002-p004 The Preamble to the Constitution begins a. "We the People . . ." 3. Ch01-003-p005 Which of the following is the best explanation of why most American Indian reservations are in the West today? b. European settlers and the U.S. government pushed Indian tribes westward. 4. Ch01-004-p006 Enlightenment thinkers argued that the world could be improved through b. human reason, science, and religious toleration. 5. Ch01-005-p007 The House of Burgesses was c. the first representative assembly in North America. 6. Ch01-006-p008 A social contract theory of government was proposed by d. Locke and Hobbes. 7. Ch01-007-p009 Locke's Second Treatise on Civil Government sets out a theory of e. natural rights. 8. Ch01-008-p010 Congress's authority to check the president's judicial appointment power is a concept that can be attributed largely to the ideas of d. Charles-Louis, the Second Baron of Montesquieu. 9. Ch01-009-p010 Why was indirect democracy a necessary alternative to direct democracy? b. It became increasingly difficult to bring all the colonists together in the decision-making process. 10. Ch01-010-p010 Aristotle attempted to devise a way to classify governments. Critical to his analyses was knowledge of d. whom citizens were ruled...
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...Can WikiLeaks be Found Guilty of a Crime for Its Release Of the Iraq War Materials, Afghanistan War Materials and Diplomatic Cables? In 2010, WikiLeaks released three large groups of information – classified documents concerning the Iraqi war, classified Pentagon documents concerning the conflict in Afghanistan, and U.S. State Department diplomatic cables. There was an outcry from members in the U.S. government, U.S. lawmakers, and U.S. citizens as they questioned how WikiLeaks could have legally obtained and released this information. There were also those who applauded WikiLeaks and saw them as part of the new media, simply carrying on the struggle between the people’s right to know versus national security. In this new Internet age, where data can be immediately published to an enormous audience from anywhere in the world with the simple push of a button, and where wars are no longer declared on a country but on generalized “terror,” is a site like WikiLeaks protected? WikiLeaks 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...
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...PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 07-4465 JUSTIN LAYSHOCK, a minor, by and through his parents; DONALD LAYSHOCK; CHERYL LAYSHOCK, individually and on behalf of their son v. HERMITAGE SCHOOL DISTRICT KAREN IONTA, District Superintendent; ERIC W. TROSCH, Principal Hickory High School, CHRIS GILL, Co-Principal Hickory High School, all in their official and individual capacity Hermitage School District, Appellant Appeal from the United States District Court for the Western District of Pennsylvania (Civ. No. 06-cv-00116) District Judge: Hon. Terrence F. McVerry Argued on December 10, 2008 Opinion Filed on February 4, 2010 1 Opinion Vacated and Petition for Rehearing En Banc Granted on April 9, 2010 Rehearing En Banc Ordered for June 3, 2010 Argued En Banc on June 3, 2010 Before: McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, GREENAWAY, VANASKIE and ROTH, Circuit Judges. (Opinion filed: June 13, 2011) ANTHONY G. SANCHEZ, ESQ. (Argued) CHRISTINA LANE, ESQ. Andrews & Price 1500 Ardmore Boulevard, Suite 506 Pittsburgh, PA 15221 Attorneys for Appellant, Hermitage School District SEAN A. FIELDS, ESQ. Associate Counsel Pennsylvania School Boards Association 400 Bent Creek Boulevard P.O. Box 2042 Mechanicsburg, PA 17055 Attorney for Amicus Curiae, Pennsylvania School Board Association, filed in support of Appellant, Hermitage School District KIM M...
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...Northern Ireland in support of civil rights. Ohio State defeats USC in the Rose Bowl to win the national title for the 1968 season. January 5 – The Soviet Union launches Venera 5 toward Venus. January 6 – The final passenger train traverses the Waverley Line, which subsequently closed to passengers. January 10 Members of the Royal Ulster Constabulary (RUC) damage property and assault occupants in the Bogside in Derry. In response, residents erect barricades and establish Free Derry. The Soviet Union launches Venera 6 toward Venus. January 12 Super Bowl III: The New York Jets of the American Football League defeat the heavily favored Baltimore Colts of the National Football League 16–7. Led Zeppelin I, Led Zeppelin's first studio recorded album, is released. Martial law is declared in Madrid, the University is closed and over 300 students are arrested. January 14 An explosion aboard the USS Enterprise near Hawaii kills 27 and injures 314. The Soviet Union launches Soyuz 4. January 15 – The Soviet Union launches Soyuz 5, which docked with Soyuz 4 for a transfer of crew. January 16 – Student Jan Palach sets himself on fire in Prague's Wenceslas Square to protest the Soviet invasion of Czechoslovakia; 3 days later he dies. January 18 – In Washington, D.C., the Smithsonian displays the art of Winslow Homer for 6 weeks. January 20 Richard Milhous Nixon succeeds Lyndon Baines Johnson as the 37th President of the United States of America. 37th President Richard M. Nixon ...
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...MANU/SC/0131/2012 Equivalent Citation: 2012(3)ALT(Cri)91, 2012CriLJ3516, 2012(1)Crimes241(SC), 2012(2)J.L.J.R.91, (2012)2MLJ32(SC), 2012(2)PLJR217, 2012(2) SCALE682, (2012)5SCC1 IN THE SUPREME COURT OF INDIA Suo Motu Writ Petition (Crl.) No. 122 of 2011 (Under Article 32 of The Constitution of India) Decided On: 23.02.2012 Appellants: Ramlila Maidan Incident Vs. Respondent: Home Secretary, Union of India (UOI) and Ors. Hon'ble Judges/Coram: Swatanter Kumar and Balbir Singh Chauhan, JJ. Counsels: For Appearing Parties: P.P. Malhotra, ASG, Rajeev Dhavan, Amicus Curiae, Ram Jethmalani, P.H. Parekh, Sr. Advs., Udita Singh, L.R. Singh, Shubhranshu Pedhi, Anil Katiyar, Lata Krishnamurti, Balajji Subramanian, Manu Sharma, Karan Kalia, Pranav Diesh, Sanjay Jain, Vikas Garg, B.K. Prasad, Siddhartha Dave, Shailender Sharma, S.N. Terdal, D.P. Mohanty, Subhasree Chatterjee, Anand Shankar Jha, Ekansh Misra, Advs. for Parekh and Co., Kamini Jaiswal, Shomila Bakshi, Abhimanyu Shrestha and Kumud L. Das, Advs. Subject: Constitution Subject: Criminal Acts/Rules/Orders: Constitution of India (44th Amendment) Act, 1979; Constitution of India (First Amendment) Act, 1951; Constitution of India (Sixteenth Amendment) Act, 1963; Right of Children to Free and Compulsory Education Act, 2010; Constitution of India (Forty-Second Amendment) Act, 1976; Bombay Police Act, 1951 - Section 33(1); Delhi Police Act, 1978 - Section 17(1), Delhi Police Act, 1978 - Section 28, Delhi Police Act, 1978 - Section 29, Delhi...
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...C O D E C ODE v e r s i o n 2 . 0 L A W R E N C E L E S S I G A Member of the Perseus Books Group New York Copyright © 2006 by Lawrence Lessig CC Attribution-ShareAlike Published by Basic Books A Member of the Perseus Books Group Printed in the United States of America. For information, address Basic Books, 387 Park Avenue South, New York, NY 10016–8810. Books published by Basic Books are available at special discounts for bulk purchases in the United States by corporations, institutions, and other organizations. For more information, please contact the Special Markets Department at the Perseus Books Group, 11 Cambridge Center, Cambridge MA 02142, or call (617) 252-5298, (800) 255-1514 or e-mail special.markets@perseusbooks.com. CIP catalog record for this book is available from the Library of Congress. ISBN-10: 0–465–03914–6 ISBN-13: 978–0–465–03914–2 06 07 08 09 / 10 9 8 7 6 5 4 3 2 1 Code version 1.0 FOR CHARLIE NESSON, WHOSE EVERY IDEA SEEMS CRAZY FOR ABOUT A YEAR. Code version 2.0 TO WIKIPEDIA, THE ONE SURPRISE THAT TEACHES MORE THAN EVERYTHING HERE. C O N T E N T S Preface to the Second Edition Preface to the First Edition Chapter 1. Code Is Law Chapter 2. Four Puzzles from Cyberspace PART I: “REGULABILITY” ix xiii 1 9 Chapter 3. Is-Ism: Is the Way It Is the Way It Must Be? Chapter 4. Architectures of Control Chapter 5. Regulating Code PART II: REGULATION BY CODE 31 38 61 Chapter 6. Cyberspaces Chapter 7. What Things Regulate...
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