Kent v. Dulles faces the issue of freedom of travel as Rockwell Kent was refused a passport to England due to how his application refusal was linked towards his affiliation towards the communist party. Kent later was given an addavit that he was required to sign in relation to his affiliation with the communist party. This addavit required his signature in order to receive access to a passport in which he refused on multiple occasions. This case relates to the first amendment as it relates to the freedom of speech and the right of the people as Kent is being infringed upon the basic right of human mobility due to his political and ideological alignments. Kent V. Dulles aroused the validity of the executive passport department’s ability to refuse one’s passport due to further suspicion of or affiliation to the communist party. …show more content…
Dulles was concluded by a court decision which stated that although the government is unable to deny the people the right to travel, it does obtain the power to either monitor and regulate the travel practices of its citizens by the requirement of obtaining valid passports, in which it is unable to condition the upmost fulfillment of such requirements along with the imposition of rules that may abridge the basic constitutional notions of liberty, assembly, association, and personal
While, reading the case, Elonis v. United States, I was astonished to see that someone would post something so explicit, offensive, and inhumane. Basically, the case of Elonis v. United States is about a man named Anthony Elonis who is an upcoming rapper and used his stage name, Tone Dougie. His Facebook page consisted of him posting disturbing rap lyrics. Even though Elonis was going through a divorce with his former wife, which did not stop him from writing and posting crude lyrics. Eventually, it got to the point where his wife felt that she was being targeted by his lyrics. According to an article on, New York Times, Elonis wrote that he wanted to see a Halloween costume that included his wife’s “head” on a stick. Obviously, she felt threatened and reported the assaults to the police. Anthony Elonis was convicted for posting threats that targeted his wife, his coworkers, police officers, a kindergarten class, and even an FBI agent. Although Elonis argued that his posting are not considered to be a “true threat” and that he is protected under the First Amendment. I believe he wanted to cause fear towards his wife, Tara and therefore, is his lyrics are a true threat. Basically, a true threat is defined as something a person would consider to be “purposely” harmful and cause pain. Elonis mentioned that his post were not offended nor were the threatening anybody. He stated that he did not have the intent of trying to harm anyone, he was just trying
The case of Kent V. United States is a historical case in the United States. The Kent case helped lead the way in the development of a list of eight criteria and principles. This creation of these criteria and principle has helped protect the offender and public for more than forty-five years. Which as a reason has forever changed the process of waving a juvenile into the adult system (Find Law, 2014).
The statements by Sharon and Port Huron published in 1960 and 1962 respectively emphasize on the idea of defending the United States citizens. The two statements rely on the Declaration of Independence as the primary source of their arguments. The young authors present an opinion regarding the approach needed by the future government in addressing the future of the nation. However, despite the noted similarities, the two statements differ in regards to their conclusions as to how the U.S should continue protecting individual liberty. Although the two statements uphold the declaration, Sharon Statement supports the intentions of the founders about the U.S government with Port Huron Statement deviating from the original document by proposing further expansion of the federal government to ensure effective protection of individual freedom (Attack 282). The paper examines the two statements where the similarities and differences are captured.
Beginning in the 1960s, the US Supreme Court decided on a succession of landmark cases that histrionically altered the processes and all around atmosphere of the Juvenile Justice System in America. One case in particular that played a major role in the Juvenile field is Kent vs. US (383 US. 541 [1966]). The landmark case Kent vs. United States, observed as the first chief juvenile rights case in our history. This important case established the collective standards that entitled juveniles the right to waivers and preliminary hearings, which ensured due process was served. This would ultimately decide if the court would shift Kent into adult jurisdiction or allow him to remain in the juvenile system.
Johnson, 491 U.S. 397 (1989), was heard in the Texas Court of Criminal Appeals. Johnson v. State, 755 S.W.2d 92 (Tex. Crim. App. 1988). The Texas Court of Criminal Appeals reversed the decision of the Texas Court of Appeals, Fifth District holding that “Johnson’s right to freedom of speech under the First Amendment of the United States Constitution was violated by the statute. States cannot pass laws which take away freedoms that are promised under the United States Constitution, and in passing section 42.09(a)(3), the state had deprived Johnson of his constitutional right to express his views about the government.” Johnson v. State, 706 S.W.2d 120 (Tex. App. – Dallas 1986). The Texas Court of Appeals, Fifth District had affirmed the decision of the Dallas County Criminal Court which found Mr. Johnson guilty of desecration of the American flag. State v. Johnson, No. CCR 84-46013-J (Crim. Ct. No. 7, Dallas Cnty. Tex. Dec. 13,
Facts: In 2000, California voters adopted Proposition 22, defining marriage as a relationship only between a man and a woman. The California Supreme Court invalidated Proposition 22 and California began issuing marriage licenses to same-sex couples. The Proponents of Proposition 8, who opposed same-sex marriage, collected signatures and filed petitions to get Proposition 8 on the ballot. In November 2008, California voters approved Proposition 8, "which added language to the California Constitution that defined marriage as a union between a man and a woman" (Santoro & Wirth, 2013). Two same-sex couples applied for marriage licenses and were denied, then brought suit under 42 U.S.C.S. ยง 1983, based on the idea that Proposition 8 violated equal protection. The State of California refused to argue in favor of Proposition 8 and the original proponents of Proposition 8 sought to defend the law. In May of 2009, Proposition 8 was ruled unconstitutional by a California District Court, which held that it violated both the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The Ninth Circuit affirmed the trial court's decision. The case then came before the Supreme Court. However, the State of California is not defending Proposition 8; instead, a mix of private parties is defending the law. This has led to questions about standing as well as the constitutional issues in the case.
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
The U.S. Supreme Court Decision of Warford v. Lexington News-Herald is an example of how the court defined an assistant basketball coach at the University of Pittsburgh as a private figure. Reggie Warford complained about allegations of recruiting improperties that he committed as an assistant basketball coach. The issue at hand was originally posted in the 1985 Lexington Herald, but were reprinted in 1986 under a special NCAA reprint publication entitled 1985: A Year of Crisis in College Athletics. The 1986 publication is the source of the libel dispute.
On the night of October 3rd, 1974 at approximately 10:45 p.m. Edward Garner was shot by Officer Hymon in an attempt to stop him from escaping a crime scene. Garner died on the operating table due to the gunshot wound on the back of his head. His crime was burglary and he was found with a mere ten dollars and a purse. The case was argued on October 30th, 1984 and a decision was made on March 27th, 1985. The father of Edward Garner believed his son’s constitutional rights were violated by the defendants Officer Hymon, the Police Department, and the Mayor of the city of Memphis. With a 6-3 decision, the Justices’ decided that Officer Hymon was acting justly under the fourth amendment that states that deadly force is constitutional as long as it is “reasonable”. I believe Officer Hymon was acting in good faith and simply fulfilling his duty to protect the public and stop criminals from escaping punishment.
What does freedom of expression really mean? Why is it important to our democratic society? In the landmark case of R. v. Keegstra (1990), the issues of freedom of expression
In the case of Kennedy V. Louisiana Patrick Kennedy was found guilty in raping and sodomizing his eight-year-old stepdaughter in a Louisiana courtroom. Mr. Kennedy refused to plead guilty and stated the crime was committed by two young boys from the neighborhood. He was convicted sentenced to death 2003. On March 2nd 1988 the victim sustained severe injuries; the injuries required emergency surgery because the rape was so brutal. Louisiana law authorized capital punishment for the rape of a child twelve years and younger. Mr. Patrick Kennedy challenged his sentence under the eighteen amendments as cruel and unusual punishment. The Louisiana Supreme Court declined the challenged that the death penalty was not too harsh for such a wicked crime. In a Supreme Court decision Coker v. Georgia 1977 the United States Supreme Court concluded that capital punishment for rape of an adult women was not applicable if the victim is a child and if it did not result or contemplated in result of a death. The court discussed a number of Supreme Court case related to child vulnerability and the death penalty. In the case of Roper V. Simmons the court ruled that the death penalty could not be applied to a person if the crime was committed when they were under the age of eighteen. In another case, Atkins V. Virginia the death penalty could not be placed on a mentally ill person. The petitioner Kennedy argued that in all these cases they do not establish conformity.
My role as Allen Brookson is significant in the case of Brookson v. Carter because I was the first to be wrongfully attacked by Wendell Carter. My role will help to prove that Carter is guilty for various reasons, and why Allen Brookson and Fred Brookson should be offered compensations for both severe physical and posttraumatic stress. The physical injuries sustained were taken to the hospital that resulted in a detrimental medical expense and traumatic stress such has weight loss, chronic anxiety, and insomnia. Essentially, the Brooksons should win this case because Carter committed a Class B misdemeanor by illegally carrying a knife that can injury someone, and we will, too, because of Assault of the third degree, Carter committed assault
Facts: In Lexington, Kentucky, police officers followed a suspected drug dealer to an apartment building where he went. When they arrived outside of the door to the apartment where the suspect was they reportedly could smell marajuana. The police then knocked and shouted they they were there and in return they could hear what sounded like people destroying the evidence and running around. The police then knocked down the door and saw the respondent as well as drugs laying out without having to look anywhere. later the police found more drugs and paraphernalia doing a more in-depth search. “The Circuit Court denied respondent’s motion to suppress the evidence, holding that exigent
I believe that it´s the same offender in the Parkinson case and the Johnson case, which is making the offender a serial killer because he has killed 3 people and it has been over a period over 30 days. By looking at different serial killer typologies my firm belief is that this offender will fall into the lust serial killer typology. I concluded this by firstly looking if the crimes were act-focused kills or process kills, I concluded it was process kills because the offender had taken the time to abduct both Parkinson and Johnson and didn 't just kill them right away like an act-focused killer would do. With the offender being a process killer he could only be organized as well because process killers cannot be disorganized. The offender would either be a lust killer, power-control killer or a thrill killer. I concluded that the offender in this case would not be a thrill serial killer, since this kind of murderer gets off my seeing his victims suffering, which is the most important factor for this type of offender. In the Parkinson and Johnson murders there were no signs of torture on the victims bodies and therefore I do not believe that this offender would be a thrill serial killer.
Jim Bowie accepted David Crockett’s bid to build a house for $166,000. Having bid a certain amount David Crockett has to keep building the home he is required to even if there was an increase of $15,000 in materials and fuel. Consideration exists in two events if 1.) something of legal value must be given in exchange for the promise, which is a promise to do something that one has no prior legal duty to do and 2.) there must be a bargained for exchange. In this case, rule number one would be applied because Crockett was already required to build a home for $166,00 therefore there is no consideration to pay him the extra $15,000. The preexisting duty rule also states that “a promise to do what one what one already has a legal duty to do does