The parties involved were Janet Reno, attorney general (1993-2001) of the United States, which also makes her the head of the U.S. Department of Justice, she is the first woman in this position#, and the American Civil Liberty Union (ACLU). The ACLU is a nonpartisan organization dedicated to preserve and extend the basic rights of the U.S. constitution.# b. The problem began when President Clinton signed the Telecommunications Reform Bill into law on February 8,1996. A group of people, led by the ACLU went to court and succeeded in temporarily stopping the implementation of the bill's "decency provisions." After this district court decision, Janet Reno appealed directly to the Supreme Court. The most controversial parts of the …show more content…
It said that this Act was in a way creating "adult zones" on the internet and that was constitutional based on the decision in Renton v. Playtime theatres Inc. CDA was not trying to ban "indecent" material, just to separate it, so that minors could not access such material. However, the zoning laws could not be applied to the internet because it is not a physical place, therefore a person who posts information cannot be certain that it will not reach minors, since there is no way to prove if a person is a minor when they are online. # d. One would assume that a conservative would approve of the CDA because it would really limit exposure of sexually explicit material to minors, and that liberals would not because they are not as socially conservative. Justice Rehnquist is a conservative and is known for sticking to these values. In this decision, he stayed in part with his ideology because he was only part dissenting. Justice Scalia is a conservative who consistently votes in favor of free speech, which is what he did in this case. Justice Kennedy and Thomas are conservative. O'Connor is known for treating each case differently and trying to find a practical solution. Justice Stevens is known for being a "wildcard" he does not stick to a particular ideology. Justice Souter does not always vote with a particular ideology. Justice Ginsburg and Breyer are both liberals. With these ideologies taken into consideration, it does not seem that the justices voted
In the case of Robert Tolan and Marian Tolan vs. Jeffrey Wayne Cotton, I will be discussing what interest me about this case. I will also deliberating on the liability and criminal liability of this case. The Tolan vs. Cotton case interests me because the United States have so many police that are brutalizing citizens. In some cases the police officers are getting away with it. After reading, reviewing, and studying this case I have learn a lot about the criminal system and laws that men and women should obey. I will explain how the nine judges on the Supreme courts all came to a verdict against the police officer Jeffrey Cotton after he shot an innocent suspect. This people
On November 25, 1999, The Coast Guard rescued 5 year old Elian Gonzalez from the Atlantic Ocean. Elian was found on an inner tube clinging to life with dehydration and hypothermia. His mother, Elisabeth Brotons, along with several others drowned on their trip from Cuba. The INS placed Plaintiff with his uncle, Lazaro Gonzalez, who lives in Miami, Florida. On November 27, 1999, Plaintiff's father, Juan Gonzalez, sent a letter to the Cuban government requesting that his son be in Cuba. The letter stated that the Plaintiff was taken out of Cuba without his father’s consent. On November 29, 1999, Lazaro Gonzalez signed and submitted an application for asylum to the INS on behalf of Elian. Shortly after, another application was submitted with Elian’s signature.
As children, we have all stepped that “boundary” between right and wrong. From stealing money to shoplifting to fighting, we have all made our parents frustrated, made poor decisions, and perhaps, even made a egregious mistake. However, when does stepping that “boundary” become irremediable? Can the government punish minors under the same criteria they do with adults? And most importantly, what does the United States Constitution say? These are all questions that both the Missouri Supreme Court and the United States Supreme Court had to consider when they dived into the case of Roper v. Simmons. To provide a little historical
Instead of sticking to a strict constructivist approach, the court as a majority was willing to identify new rights in the constitution and agreed to hear cases on hotly debated social issues such as abortion, gay rights, affirmative action, and the death penalty, which conservatives thought should be decided by Congress and state
The questions presented to the Supreme Court in Raich v. Gonzales (2005) are whether the Commerce Clause affords Congress the power to ban the growth, use, and sale of marijuana under the Controlled Substances Act and whether it can enforce that act against ill people whose doctors have prescribed medical marijuana as a remedy. Writing for the majority in that case, Justice John Paul Stevens employed Justice Stephen Breyer’s strand of pragmatism to answer those questions. The premise of Breyer’s approach is that the Constitution enshrines values and principles, but it grants judges the flexibility to apply those principles to changing circumstances (Yale 11). Hence, pragmatist judges embrace constitutional
The result from Gideon. V Wainwright court case affected the decision of the betts. Bradley which eventually was overruled. Also that justice black associated who wrote the pinion for the court called this an “obvious truth” where that a fair trial for a poor defendant could not be guaranteed without the assistance of counsel.
The Telecommunications Act of 1996 was the first major overhaul of United States telecommunications law in nearly 62 years, amending the Communications Act of 1934. This Act was a major stepping stone towards the future of telecommunications, since this was the first time that the Internet was included in broadcasting and spectrum allotment. One of the primary goals of the law (Title III specifically) was to let anyone enter any communications business “to let any communications businesses compete in any market against any other." Also, the new Telecommunications Act allowed the FCC, and Congress, to "update" the old - and outdated - Telecommunications Act of 1934.
Title: Ginsburg v. City of Ithaca and Cornell University et al., 839 F. Supp. 2d. 537 (N.D.N.Y. 2012).
Going against the Supreme Court, which is the supreme law of the land, in the Worcester vs Georgia case demonstrates how Andrew Jackson abused his power as president. John Marshall, the chief justice at the time, ruled that the United States did not have possession or legal jurisdiction over Native American land, and no individual states had authority in Native American affairs. However, Jackson went above this, since the court did not order marshals to enforce it. In the Indian Removal packet, it was stated that in May 1830, Jackson signed the Indian removal act to exchange land with Native Americans. To do this, he coerced tribe leaders, sometimes by getting them drunk or high, into signing away their land through removal treaties. In the
When it comes to court cases, every case that is heard in court is heard for one reason or another.
The following case analysis seeks to examine the Supreme Court’s decisions in Racine v. Woods, [1983] 2 S.C.R. 173, in regard to the legal questions, basis of reasoning, as well as the cultural implications.
Furman v. Georgia was a murder was committed at August 11, 1967. Mr. William Henry Furman was a poor man that dropped out of school at the sixth grade. He was a 26 year old man without a job living on the streets with the intent of commenting theft. The suspect came into the home of and William Micke in Savanah, Georgia, and started to break everything looking for valuables to steal. While rummaging through the house William Micke surprised Furman and he took off running. While attempting to escape the house he accidently (according to him) dropped the gun and killed the unknown house owner.
The Chief Justice that presided over this case was C.J. Rehnquist, the other presiding Justices were J. O'Connor, J. Stevens, J. Souter, J. Breyer, JJ. Thomas, J. Kennedy, J. Scalia, and JJ. Ginsburg. Chief Justice Rehnquist delivered the opinion over the case with Justices O'Connor, Scalia, Kennedy, and Thomas filed concurring opinions. Whereas, Justices Breyer, Stevens, Souter, and Ginsburg filed a dissenting opinion. Before I go into the opinion that Rehnquist delivered I would like to go in to some of the opinions that the other Justices' had stated as to their dissenting opinions.
This week’s first article, “Popular Constitutionalism’s Hard When You’re Not Very Popular: Why the ACLU Turned to Courts” by Emily Zacklin analyzes theories by Kramer and Tushnet on restricting the court’s power in interpreting the Constitution using the ACLU to illustrate the weaknesses of both theories. The ACLU’s initial intention was to go against Marx’s capitalist law and focus their laws on people, instead of capitalism, motivated by Durkheim’s idea of cultural forces. The ACLU lacked a collective conscious of ideas within the group, eliminating the possibility of Tushnet’s congressional deliberation. The ACLU eventually turned to fighting within the courts, even though they did not have a high likelihood of winning, mirroring Galanter’s
Since there has not been a ruling in this case, the supporters of the censorship laws had to try and find a way to get the internet censored to children. So in the year 2000, Congress passed the Children's Internet Protection Act, which is aimed at the computers in the schools and libraries that the children would have access to. This law was limited to "only the schools and libraries that participated in certain federal programs such as, receiving federal money for technology". The schools and libraries that received this money were required to "install filtering software on all internet terminals to block access to sites with child pornography, obscene material, and material that is harmful to minors". My opinion on this law is that it is even better than the firs one. They are very similar, as you can tell from their names, there is very little changed in the names of the laws. I think that the sites that a minor can look at should be filtered. This way they cannot look at things that can be harmful to them.