About The First Amendment Cases - Free Essay Example

Sample details Pages: 7 Words: 2066 Downloads: 9 Date added: 2019/04/24 Category Law Essay Level High school Topics: First Amendment Essay Did you like this example? The First Amendment was created in 1791, which later added twenty seven more into present day that make up the Bill of Rights. Within the First Amendment, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech. (history.com, 2017) This Amendment gives the right of the people to peacefully assemble and petition the government for a redress of grievances as well. In the United States Supreme Court, there have been well over a 100 cases argued that are in regards to the First Amendment. The First Amendment guarantees the right of the American peoples freedom of speech. This gives Americans the right to express themselves without having to worry about interference from the government. The United States Supreme Court consistently struggles to determine what types of speech are protected within the First Amendment. This classification is continually evolving due to the abundant amount of c ases that arise in regard to the First Amendment. Among the immense amount of cases under the First Amendment, there are four very important landmark Supreme Court cases, out of thousands, in reference to the Freedom of Speech clause. Two of those cases, R.A.V v. City of St. Paul (1992) and Virginia v. Black et al (2003), deal with the issue of cross burning on personal property. The other two cases, Roth v. United States (1957) and Stanley v. Georgia (1969) dealt with the issue of owning and distributing obscenity. These cases share similarities under the First Amendment Freedom of Speech clause but differ on a factual basis. CASE: R.A.V v. City of St. Paul (1992) (Oyez, n.d) (LII / Legal Information Institute, 2018) (CaseBriefs LLC, n.d) (Global Freedom of Expression at Columbia University, n.d) FACTS: In the city of St. Paul, Minnesota, several teenagers were reportedly burning cross on an African American familys lawn. The local police charged one of the teens und er a local bias-motivated criminal ordinance which prohibits the display of a symbol which arouses anger, alarm or resentment in others on the basis of race, color, creed, religion, or gender. (Oyez, n.d) This case was argued on December 4th, 1991. The trial court dismissed this charge on the basis that the ordinance was substantially over-broad. (LII / Legal Information Institute, 2018) The state supreme court reversed this decision. R.A.V appealed to the U.S Supreme Court. QUESTION: Is the ordinance overly broad and in violation of the First amendment free speech clause? (Oyez, n.d) REASONING: The reasoning of the court was delivered by Justice Scalia. The ordinance was found to be content-based that it does not fall into an exception of the First Amendment of the United States Constitution. (CaseBriefs LLC, n.d) Justice Byron White said The ordinance is unconstitutional because it is over-broad. Whilst Justice Harry Blackmun said The ordinance goes beyond regulating figh ting words. (CaseBriefs LLC, n.d) The Court noted that it was bound by the Minnesota Supreme Courts interpretation of the statute that the ordinance reached only fighting words. (LII / Legal Information Institute, 2018) The local-ordinance was further defined as prohibiting fighting words only as they apply to cases of racial, gender, or religious harassment. (CaseBriefs LLC, n.d) Words that were directed at political affiliation or homosexuality were legally allowed. Our government is bound by the First Amendment from punishing speech and expressive conduct because it disapproves of the ideas expressed. Under this ordinance, for example, one could hold up a sign declaring all anti-semites are bastards but not that all Jews are bastards. (Oyez, n.d) The prohibition of speech in particular areas, while other kinds are unrestricted, is why the ordinance was held unconstitutional. (CaseBriefs LLC, n.d) Justice Scalia said that First Amendment jurisprudence has long held that nonver bal activity cannot be banned on the basis of the idea it expresses, for example, the burning of a flag could be punishable under an ordinance prohibiting fires but not under an ordinance prohibiting the burning of flags because of the message of dishonor it conveys. (LII / Legal Information Institute, 2018) Justice White, in his concurring opinion, expressed that the case could be easily decided as fatally over-broad because it criminalizes not only unprotected expression but expression protected by the First Amendment (Global Freedom of Expression at Columbia University, n.d) DECISION: The Court held a 9 to 0 vote holding that the statute was facially unconstitutional on June 22nd, 1992. (Oyez, n.d) CASE: Virginia v. Black et al. (2003) (Oyez, n.d) (Global Freedom of Expression at Columbia University, n.d) FACTS: Barry Black, Richard Elliott, and Jonathon OMara were convicted separately of violation of a Virginia statute that makes it a felony for any person, with the intent of intimidating any person or group, to burn a cross on the property of another, a highway or other public place,. (Oyez, n.d) This statute specifies that any such burningshall be prima facie evidence of an intent to intimidate a person or group. (Oyez, n.d) This case was argued on December 11th, 2002. During the trial, Black objected on the First Amendment grounds to a jury instruction that cross burning by itself is sufficient evidence from which the required intent to intimidate could be inferred. (Oyez, n.d) He was found guilty. OMara pleaded guilty to all charges. In Elliots trial, the judge did not give an instruction on the statutes prima facie evidence provision. (Oyez, n.d) QUESTION: Does the Commonwealth of Virginias cross-burning statute, which prohibits the burning of a cross with the intent of intimidating any person or group and its prima facie evidence, violate the First Amendment? (Oyez, n.d) REASONING: Justice Sandra Day OConnor delivered the Court s majority opinion. According to the Court, however, the importance of public interest in order and morality may restrict the content of speech in a few limited areas. (Global Freedom of Expression at Columbia University, n.d) For example, the First Amendment allows states to ban true threats, which are defined as statements where the speakers means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group. (Global Freedom of Expression at Columbia University, n.d) The Court decided that intimidation was a type of true threat and found that the act of cross burning often involves intimidation by creating fear in victims that they are a target of violence. (Global Freedom of Expression at Columbia University, n.d) The Court reviewed its reasoning in R.A.V v. St. Paul, where they found that the statute as it banned cross burning with intent to intimidate did come in conflict with the First Amendment because of its co ntent-based nature. (Global Freedom of Expression at Columbia University, n.d) The seven supporting justices agreed that the Statute was deemed unconstitutional and therefore agreed in the Courts judgement insofar as it affirmed the invalidation of Blacks conviction. (Oyez, n.d) The Court ruled the prima facie evidence provision rendered the statute as facially unconstitutional because it would create an unacceptable risk of suppressing the act of cross burning as part a legitimate form of symbolic speech, which is thereby protected under the First Amendment. Accordingly, the Court found the prima facie provisions given by the jury instruction made the statute facially unconstitutional. (Global Freedom of Expression at Columbia University, n.d) DECISION: The Court held a 7 to 2 vote for Virginia on April 7th, 2003. (Oyez, n.d) CASE: Roth v. United States (1957) (Oyez, n.d) (Skelton, n.d) FACTS: Roth owned and operated a book-selling business in New York. He was con victed of mailing obscene circulars and obscene books in violation of a federal obscenity statute. (Oyez, n.d) Roths case was combined with another that was similar within his conviction. (Oyez n.d) This case was Alberts v. California, where Albert was convicted for selling lewd books, publishing obscene ads, and composing them. The California obscenity law was challenged by Alberts. Roths case was argued on April 22nd 1957. (Oyez, n.d) QUESTION: Did either the federal or Californias obscenity restrictions, prohibiting the sale of obscene materials through the mail, impinge upon the freedom of expression as guaranteed by the First Amendment? (Oyez, n.d) REASONING: Justice William J. Brennan Jr., wrote the decision of the Warren Court. In the Roth case, the conviction was upheld because the constitutionality of 18 U.S.C. ? § 1461, which makes mailing obscene books punishable. As well as the Albert case, where the constitutionality of ? § 311 of Wests California Penal Cod e., 1955, makes it a misdemeanor to sell obscene material. (Skelton, n.d) Sex and obscenity are not synonymous. Obscene material is material which deals with sex in a manner appealing to material intended to excite lustful thoughts. (Skelton, n.d) The Court decided that obscenity is not within the area of constitutionally protected freedom of speech or press under the First Amendment. (Skelton, n.d) This means that constitutional guaranties were not violated in these cases. (Skelton, n.d) In these cases, both trial courts sufficiently followed the proper standard and used the proper definition of obscenity. The Court noted that the First Amendment was not intended to protect every form of expression, such as materials that were utterly without redeeming social importance. (Oyez, n.d) The Court held that the test to determine obscenity was whether to the average person, applying contemporary community standards, the dominant theme of material taken as a whole appeals to prur ient interest. (Oyez, n.d) The Court held that such a definition of obscenity gave sufficient fair warning and satisfied the demands of Due Process. (Oyez, n.d) In 1957, the case was a 6 to 3 decision, later Justice Brennan reversed his position on the issue in Miller v. California (1973). (Oyez, n.d) Miller v. California superseded Roth v. United States. DECISION: The Court held a 6 to 3 decision upholding the convictions of Roth and Alberts. CASE: Stanley v. Georgia (1969) (Oyez, n.d) (Cornell Law School, n.d) FACTS: Local law enforcement officers, under the authority of a warrant, searched Stanleys home pursuant to an investigation of his alleged bookmaking activities. During the search, the officers found three reels of eight-millimeter film. (Oyez, n.d) The officers viewed the films, concluded they were obscene material, and seized them. Stanley was tried and convicted under a Georgia law prohibiting the possession of obscene materials. (Oyez, n.d) QUESTION: Did the Georgia statute infringe upon the freedom of expression protected by the First Amendment? REASONING: The appellant ruled that the Georgia obscenity statute is unconstitutional because it punishes private possessions of obscene matter. The Georgia Supreme Court relied on Roth v. United States, arguing the statutes validity on the ground that obscenity is not within the area of constitutionally protected speech or press. (Cornell Law School, n.d) The United States Supreme Court held that the First Amendment prohibits making private possession of obscene material a crime. The Constitution protects the right to receive information and to be generally free from governmental intrusions into ones privacy and control of ones thoughts. (Cornell Law School, n.d) Justice Marshall delivered the opinion of the Court. Charging a person with possession of obscene material is considered non-essential to an indictment unless the person being charged had an intent to sell, expos e, or circulate. For these reasons, the Court agreed that the mere private possession of obscene matter cannot constitutionally be made a crime. The Court used other cases to lock its decision such as Stanley v. State, Roth v. United States, Alberts v. California and Ginsberg v. New York. (Cornell Law School, n.d) These cases helped shed light on the current case comparing the convictions based on the mere private possession and the actual intent to sell and distribute obscene material. Justice Marshall was famously quoted, finding that if the First Amendment means anything, it means that a State has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch. Our whole constitutional heritage rebels at the thought of giving government the power to control mens minds. (Oyez, n.d) The Court distinguished between the mere private possession of obscene materials ,with help of previous decisions, and the production and distribution of such materials. The latter, the Court held, could be regulated by the states. (Oyez, n.d) DECISION: The Court held a unanimous decision for Stanley on April 7th 1969. Don’t waste time! Our writers will create an original "About The First Amendment Cases" essay for you Create order

Culture Is Defined As The Internet And Mass Media

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Between Technology and Criminal Justice Free Essays

I. Introduction As information plays a vital role in the advancements of criminal justice system, technological changes are closely related to the best conduct of criminal justice. The very efficiency of system can be integral to the quality of justice it provides. We will write a custom essay sample on Between Technology and Criminal Justice or any similar topic only for you Order Now Moreover, the timely dissemination of information through new technologies too has larger impacts on criminal justice system. At present, technological development has become more complex and it has given birth to new types of databases which are qualitatively different. The purpose of this paper is to analyze the effects of technological advancements pertaining to the communication capabilities of criminal justice system. It would the merits and demerits of major databases such as AFIS, Live Scan, Facial Recognition, and Iris Scan briefly and compares them in their strengths and weaknesses. II. Technology, Database and Criminal Justice Over the years, information technology has become a key component of the criminal justice systems as it has unprecedentedly enhanced the communication capabilities of database available for the conduct of criminal justice. Not only the inquiry bodies such as police but also courts and governments as decision making agencies too make use of advances information and communication technologies in their pursuit of criminal justice. Blitz (2004) has argued that the creation of databases for entire population itself is illegal and categorically asserts that â€Å"it is not merely the continuing observation of activities that undercuts privacy, but to an even greater degree, the ongoing recording of these activities†. Importantly, criminals too have been using sophisticated technology not only for cyber crimes but also for inflicting severe crimes over several realms of social life. Technologically sophisticated databases â€Å"such as GPS tracking bracelets, biometric scanners, online offender indexes, and DNA databases–give the government power to control dangerous persons without relying on any exertion of physical control† (Murphy, 2008). Automated Fingerprints Identification Systems (AFIS) enables the checking of criminal history records of a person just a matter of minutes. It has been argues that â€Å"the ability of AFIS systems to search millions of records in minutes and present candidates to the latent print examiner borders on the incredible† (Komarinski, 2005). AFIS is technologically sophisticated mainly in three counts; quantity wise-the extent of fingerprints could be cross checked, quality wise- the extent of correctness of the information and time wise-the extent of time saving and other related benefits involved. AFIS can be helpful not only in identifying criminals but also the victims of crime. Following the World Trade Center attack, it is with the help of AFIS, â€Å"the latent print examiners were able to identify over 300 victims, bringing closure and comfort to their families. This would not have been possible without AFIS technology† (Komarinski, 2005). It is also helpful for identifying people with memory disorders or who are dead. Moreover, it could be as intense as possible to integrate the entire biometric details of all the people in the world. Also, it is possible to link AFIS systems easily with other databases too. AFIS can also be used in avoiding welfare cheating and the right allocation of government services for the right people. As AFIS systems grow in spectacular speed, a latent print found at crime site could be compared against all the known people and if not matching, could be stored for future match. Iris Scan is highly advanced as â€Å"which are per perceived to have a higher accuracy rate than traditional facial recognition programs†. Also, Iris scan enables the documentation of ones identity without even his/her identity as it is legal in most countries to snap the image of a person in public. It also could be potentially used for imposing â€Å"residency and movement restrictions that declare certain areas off limits to particular individuals† who have conditional paroles, barring notices or stay away orders. However, it gives the possibility of the misuse of Iris Scan databases for segregating ethnic minorities or other dissident groups. A technology like Live Scan or Iris Scan can be an easy tool for governments and big corporations to breach the privacy of innocent individuals and authoritarian regimes could well use them for surveillance of the entire population. Also, such databases and techniques could be hacked by criminal elements and used for terrorizing the whole world. Murphy (2005) has pointed out that government strategies virtual contol could be more dangerous than physical control as still the â€Å"courts unduly focus on the physical world as the relevant metric against which all restraints are judged. As a result, technologies of restraint are imposed without necessary procedural safeguards†. The unaccountability of the possible uses of databases by the governments too is a matter of alarming concern. In other words, a technological development such as Iris Scan enables the government and security agencies to monitor the entire population amounting to imprison people in a prison without walls. In comparison, it could be argued that Iris Scan could be considered as the best available database could be used fro criminal justice. It does not involve any physical touch for the obtaining of date and it could be taken without the consent of a person. Moreover, Iris Scan could be well used to obtain the sample even from an unwilling person without using force. III. Conclusion The technological advancements have helped the conduct of criminal justice faster, accurate and less procedurally complex. More than punitive measures, database could be used also for affirmative actions such as victim identification, welfare distribution, cheat prevention etc. However, it opens up new possibilities for abuse as well such as those by authoritarian regimes and commercial interests in monitoring the population. Reference Blitz, M. J. (2004). Video Surveillance and the Constitution of Public Space: Fitting the Fourth Amendment to a World That Tracks Image and Identity. Texas Law Review. 82 (6). pp. 1349-85 Komarinski, P. (2005) Automated Fingerprint Identification Systems (AFIS). Burlington. Elsevier Academic Press. Murphy, E. (2008). Paradigms of Restraint. Duke Law Journal. 57 (5). pp. 1321-45 How to cite Between Technology and Criminal Justice, Essays