...Constitutional Rights Strayer University PAD 525 Korb v. Raytheonr of 1989 is a case predicated on the freedom of speech and if a corporation has the right to dismiss you based on whether your speech directly or indirectly affects the company and a individual as there is associated with that company. Mr Korb was released from his duties as vice president for Washington operations of Raytheon Corporation because he spoke the media publicly and expressed views in direct conflict with the corporation's economic interest. It was noted that he spoke on behalf of the organization that he joined the executive board of the Committee for National Security (CNS). Although he was given permission by his company join CNS the company wanted Mr. Korb to still uphold the values and corporate initiatives the represented. Mr Korb gave a press conference on February 25, 1986 with CNS in the senate building during Korb's normal lunch hour in connection with the release of its annual alternative defense budget. Korb spoke at the press conference. Because this was during lunch and not an unscheduled break Mr. Korb felt like he wouldn’t be associated with Raytheon. The reporters present at the press definitely did as they reported to their outlets. The Washington Post newspaper the day after the press conference reported on the event. The article described Korb as a former assistant secretary of defense and now a private civil citizen working for arms maker Raytheon Co. It...
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...Constitution of the State of Illinois ARTICLE I BILL OF RIGHTS SECTION 1. INHERENT AND INALIENABLE RIGHTS All men are by nature free and independent and have certain inherent and inalienable rights among which are life, liberty and the pursuit of happiness. To secure these rights and the protection of property, governments are instituted among men, deriving their just powers from the consent of the governed. (Source: Illinois Constitution.) SECTION 2. DUE PROCESS AND EQUAL PROTECTION No person shall be deprived of life, liberty or property without due process of law nor be denied the equal protection of the laws. (Source: Illinois Constitution.) SECTION 3. RELIGIOUS FREEDOM The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed, and no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the State. No person shall be required to attend or support any ministry or place of worship against his consent, nor shall any preference be given by law to any religious denomination or mode of worship. (Source: Illinois Constitution.) SECTION 4. FREEDOM OF SPEECH All persons may speak, write and publish freely, being ...
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...Constitutional Rights Constitutional Rights Constitutional rights are rights given to the people by the U.S. Constitution, and in particular, the Bill of Rights, and (first ten amendments). These amendments re going to include writ of habeas corpus, no bill of attained, no duties or taxes on transporting goods from one state to another, jury trials, freedom of religion, speech press, assembly, and petition, state militia to bear arms, no quartering of troops in homes, no unreasonable search and seizure, major crimes require indictment, no double jeopardy for the same crime, no self-incrimination, right to due process, right to just compensation for property taken by eminent domain, in criminal law, right to a speedy trial, to confront witnesses against one, and to counsel, trial by jury, etc (Szypszak, 2011). This paper is going to discuss the case of Korb v. Raytheon, 707 F. Supp. 63 (D. Mass. 1989) and the challenges that were faced with the constitutional rights, and discuss some other case that support the analysis of this case. Facts, Issues, & Rule: Korb v. Raytheon Raytheon was a large corporation that built equipment for the U.S. military, and Korb was an employee that was hired by the company for a brief period of time as a vice-president in their Washington, DC office. The Massachusetts Supreme Court summarized the facts of this case: In December, 1985, with Raytheon's permission, Korb joined the executive...
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...Constitutional Rights: Another Angle of Freedom of Speech Maria Ibanez PAD 525 Constitutional and Administrative Law Dr. Glenn L. Starks May 25, 2014 Abstract Traditionally, freedom of speech has been perceived as a fundamental right guaranteed under our federal constitution to express whatever we please, whenever we please and wherever we please. Nevertheless, we must be aware that some speech may be subjected to restrictions and that not all speech is protected. Moreover, the language of the first amendment specifically mentions the prohibition of state laws against abridging freedom of speech. Similarly, the U.S. Supreme Court has held that the government may limit and regulate its content when duly necessary. Constitutional Rights: Another Angle at Freedom of Speech Although the Supreme Court has historically dedicated efforts into chartering the boundaries of freedom of speech, the ones evolving from the First Amendment, its representational approach is still defective (Blocher, 2014). The free exchange of ideas does not seem to completely pass the test of common sense and keeps opening room for personal misinterpretation and misunderstanding over the privileges and limitations of private speech. First Amendment Special Protections The First Amendment special protections were designed to safeguard freedom of speech from state action, and do not concern itself with private expression. In the case of Korb v. Raytheon, the defendant proposed that a federal question should...
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...CONSTITUTIONAL RIGHTS Our handbook, written by Kenneth Peck gives us some insight into the constitutional rights associated with criminal justice employees. It covers such areas as freedom of speech, search and seizures, self incrimination, religious practices, sexual misconduct, residency requirements, moonlighting, misuse of firearms, alcohol and drugs and drug testing. The state has a vital interest as an employer in regulating the speech of its employees with reasonable restrictions. The restrictions cannot be overly broad or in a way in which the government action is implied. Agencies may regulate/restrict the political behavior of employees. Without this employees can be pressured by superiors to support certain candidates, political activities or other activities that may impair the effectiveness and efficiency of the organization or them doing their jobs. The Fourth Amendment rights in regards to search and seizure cover the employee when they are off duty or at home just as it applies to everyone else. However, equipment supplied by the organization, such as lockers, desks, computers, patrol cars, uniforms, etc. are not protected by the Fourth Amendment. Even the employees, themselves, during work hours are considered a part of the department’s equipment and the individual may be used in a police lineup if necessary. The right to plead the Fifth Amendment does not necessarily apply to criminal justice employees providing that the officer has been informed...
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...Assignment 3: Constitutional Rights Due Week 7 Strayer University Introduction With determination on how the First Amendment can be misunderstood, the case Korb v. Raytheon is being reviewed. In the case, a young man was in charge of a division. Mr. Korb was highly praised, and always stated to be the prominent source for the company. He went off to lunch as it had been a long day at a press conference, where he had to get a hold of the general population. Mr. Korb then proceeded to made comments that were of his personal views, which had gotten him in trouble with the company’s headquarters. Raytheon offered Korb to stay on the payroll, however, he was told to resign and relocate to another state where he can have a less influential position. He sued the company for wrongful termination and in violation of his right with the first amendment. Case Analysis Facts: Lawrence Korb worked as the Vice President of Raytheon Corporation, a major weapons company for military forces, who was in charge of their Washington Operations. After Korb was hired, he was believed to make a positive change within the company. While working with Raytheon, Korb joined the Committee for National Security (CNS). During a lunch hour, CNS scheduled a press conference and Mr. Korb made derogatory remarks that were later seen in a news article that went against the company’s wishes. Once headquarters heard about Korb’s statements, they informed him that his job was at risk and offered him the...
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...Assignment 3: Constitutional Rights Krystle Ward Dr. Angela Smith PAD 525 February 23, 2014 Korb v. Raytheon Korb the Vice President at Raytheon, a large corporation that build equipment for the military, was given permission to join by his employer to join the executive board of the Committee for National Security (CNS), a nonprofit organization dedicated to informing the public about issues of national security and the prevention of nuclear war. Remarks made by Korb at a CNS press conference angered military officials. As a direct result of Korb's statements, Raytheon promptly terminated Korb's employment as a lobbyist in Washington, DC. Korb sued Raytheon in a Massachusetts state court for wrongful termination, citing both the Massachusetts state civil rights statute and the First Amendment to the U.S. Constitution. Raytheon removed the case to Federal District Court in Boston. Korb then amended his complaint to delete all references to the U.S. Constitution (Standler, 2000). Korb was hired to be the corporation's spokesperson, and he spoke against the interests of the corporation. The topic was one of acute concern to Raytheon. Regardless of whether Korb believed himself to be acting privately rather than as a Raytheon employee, and regardless of what Korb actually said, the public perception after the press conference was that a Raytheon lobbyist advocated a reduction in defense spending. Raytheon had a financial stake in not advocating that position. Therefore, the...
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...PUBLIC RECORDS Taking a particular state in specific, for example South Carolina, South Carolina’s public record states that a Public record" includes all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials regardless of physical form or characteristics prepared, owned, used, in the possession of, or retained by a public body. Records such as income tax returns, medical records, hospital medical staff reports, scholastic records, adoption records, records related to registration, and circulation of library materials which contain names or other personally identifying details regarding the users of public, private, school, college, technical college, university, and state institutional libraries and library systems, supported in whole or in part by public funds or expending public funds, or records which reveal the identity of the library patron checking out or requesting an item from the library or using other library services, except nonidentifying administrative and statistical reports of registration. The FOIA does not require a public body to create a record that doesn’t already exist. If part of a document can legally be shielded from release, that doesn’t mean the entire document may be withheld. The agency must separate the exempt data and release the rest of it (this usually means taking a marker and blacking out some information). Re-argument of U.S. supreme court on federal income tax After the World War 1 the secretary of...
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...Certainly, any time we are talking about infringing upon peoples Constitutional rights of Due Process there are going to be conflicting views. Although, when talking about quarantine and the health of other citizens, I believe it is important to be able to restrict people’s rights of freedom and liberty. Of course, none of this can be done without the “buy in” of the entire community as noted by (Hitchcock, 2007), “If the government operates in a clear and transparent manner, the general public is likely to be willing to accept great restrictions of their freedom if the situation so dictates”. While due process is arguably one of the quintessential rights to all people in our country, that does not mean your rights can infringe upon someone...
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...Liberalism refers to the political school of thought which revolves around enabling individuals whilst also protecting them in order to preserve their freedom and liberty. A positive view of human nature underpins the liberal belief that all people are rational and considerate and are able to decide which types of political organisations etc. can best protect individual needs and promote individualism. Liberalism aims to facilitate a political culture which is both tolerant and pluralistic. The pillars on which liberalism was built on suggest that the protection of human rights as well as the promotion of constitutional reform is both intrinsic in liberal aims and ideology. Liberals championed the idea of constitutional reform links to Constitutionalism which refers to the practice of limited government brought about by the existence of a constitution that aims to protect individuals from the threat of tyrannical government. It aims to protect liberty through the establishment of internal and external checks on government power. Liberals place great weight on constitutionalism and it could be argued to be one of the pillars of the whole political ideology, upon which all other fundamental tenets such as toleration, pluralism and justice, lie. Without constitutionalism, it would be difficult to guarantee these other doctrines. The Government within the UK exercises great power which results in the constant threat of tyranny, which liberalism as a political concept is aware of...
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...Constitutional Right or Religious Freedom How the Representation of God in the Pledge of Allegiance Affects the American People I. The phrase, “Under God” in the United States Pledge of Allegiance perpetuates the most significant form of discrimination in modern time. II. “Samantha you stand for the pledge right now!” Exclaimed Mrs. Cline. Samantha knew she was doing what was right in her eyes, and it didn’t matter what the consequence was going to be. “That’s it! I have had it with your disruptive behavior little girl! Yes, this is Mrs. Cline from room 319, yes, I have a little girl hear refusing to say the pledge, and I need her removed from my classroom immediately!” As the Sherriff snapped the handcuffs on tight, a trickle of tears began to stream down her face. The rude laughter and picking of the other children was nothing but a loud roar in the air. It was like a wait before a trial hearing, where you really didn’t know what to expect until the evidence was all laid out. When her mother appeared in Mr. Jones’s office, the air stood still and no one could seem to look away. The snickering and mutters of the adults in the office buzzed about as Mrs. Smith and Mr. Jones were at war with words. “Don’t you ever think you can just arrest my daughter for not standing and saying something she has no knowledge or belief in!! I swear you better have a damn good apology for my daughter!,” Yelled Mrs. Smith as she rushed her daughter from the building. 1.) The United...
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...THE ARGUMENT FOR A CONSTITUTIONAL RIGHT TO REPRESENTATION AT BAIL HEARINGS IN ALL CRIMINAL CASES IN STATE COURT The right to legal representation is generally accepted in the United States as a Constitutional right guaranteed to everyone. The Supreme Court promised the right to counsel to “ any person haled into court” in the infamous Gideon v Wainwright case. This case was instrumental in advancing the rights of indigent defendants through its proclamation that the Sixth Amendment right to counsel in criminal proceedings should also apply to State Courts. However, Gideon’s promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of pleas...
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...Lawrence Gostin, a professor at Georgetown University Law Center, in his journal, “The Constitutional Right to Die: Ethical Considerations.” declares that constitutional law cannot be separated from the morals and ethics involved in the discussion on assisted death. Gostin defends his stance by reminding readers that the dying process is one of the most intimate, private and fundamental parts of life. Gostin also explains that the term suicide should not be used when referring to physician-assisted death because someone who is terminally ill is not taking their own life (because they are already going to die), but rather choosing the means by which they want to pass away. Gostin purpose is to propose the moral views to assisted death to his...
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...and functions of government. Constitutions can be uncodified, like the UK’s at the moment, or codified in the case of the USA’s for example. A codified constitution is authoritative, entrenched and judiciable, everything that an uncodified constitution isn’t. On the one hand there are many arguments supporting the view that the UK should adopt a codified constitution. If a codified constitution were introduced, the key constitutional rules would be collected together in a single document, and they would be more clearly defined than in an ‘unwritten’ constitution where rules are spread across many different documents. A codified constitution would create less confusion about the meaning of constitutional rules and greater certainty that they can be enforced. A second argument supporting a codified constitution is limited government. A codified constitution would cut government down to size. A codified constitution would effectively end the principle of parliamentary sovereignty and subsequently elective dictatorship. Elective dictatorship is a constitutional imbalance in which executive power is abused to allow governments to win elections. In the UK, it is reflected in the ability of a government to act in any way it pleases as long as it maintains control of the House of Commons. It would not be possible for government to interfere with the constitution due to the existence of higher law safeguarding the constitution. A codified constitution would also allow for neutral interpretation...
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...Bonaparte’s despotism for the bloody and destructive aftermath. Metternich contended liberals promoted their ideas to go against the natural loyalty of the citizens to the monarch. To curb future occurrences like these, Metternich propagated for a strong absolutist rule to fulfill the duties imposed and entrusted by God to look over justice and the rights of all citizens and, most importantly, to avoid the previous paths of error. He believed religious principles must be maintained and faith and morality should not be attacked which meant he was against all subversive activities that may endanger the monarchy and religion. In other words, Metternich was against free press which he believed was the cause of political unrest in the society Francis Guizot’s “Conditions of the July Monarchy” advocated for a conservative constitutional monarchy rule as a solution for a long lasting government. He believed the current charter was actually under the old traditional regime and needed to be changed by using the French revolution as a reminder that order and liberty under constitutional monarchy must be established. He supported equality of rights for all citizens in order to maintain civil and moral order as well...
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