Outline:
I. Intro
a. Background It is no secret that dead celebrities sell. In many cases certain celebrities could rack in more bucks after their death than they did before it. But who gets this money? New York legislature knows this is an issue, and they are proposing a bill, S.5650/A.709, that calls for statutory right of publicity for the deceased. This bill, if passed, would extend the right of publicity for 70 years after death for anyone- not just celebrities. This would mean the name, voice, signature, image or likeness illustrating any person who was a resident of New York before they died would require a valid federal copyright and the permission from their heirs for use for “commercial purpose.” It protects artistic and creative works and allows books, plays, magazines, newspapers, music, film, radio, television and other media to use a living or deceased individual’s name or likeness in a range of fictional and non-fictional works.
b. Legal Principles Involved
II. Arguments
a. Argument for The expressive use exception has a “caveat” and it is not available if it meets three conditions: “the work does not contain an image or likeness that is primarily commercial, not transformative and is not otherwise protected by the First Amendment to the United States Constitution or New York Constitution.” The “caveat” to the expressive use exception will have a substantial chilling effect on First Amendment protected speech by increasing the likelihood that publishers,
According to the First Amendment law from United States Constitution, a prior restraint is classified as a federal action which forbids speech or other mediums of communication and expression prior to publication. Under the First Amendment, American citizens and the press are granted the liberty of free speech. However, under certain terms the officials will sanction this blockage. For over 70 years, corporations and public figures have often wished they could stop media and broadcast stations from publishing sensitive information, their ability to censor or take action against them is very limited. The U.S Supreme Court considers this suppressive tactic as “the most serious and the least tolerable infringement on First Amendment rights”. Scholars
It seems the Founders wanted to make the passage of legislation difficult. The Constitution settles how bills become law in the United States. The procedure is operose and can take significant time to complete. The course materials of week three offer more than enough information on how the procedure works. This essay will, mainly, use the course materials to describe the process of how a bill becomes a law. The process of transforming a bill into a law requires the participation of both the Legislative branch and Executive branch of government.
By reading chapter 8 “The Legislative Branch”, I learned the structure of the Texas Legislature, the organization and duties of the Texas House of Representatives, and the Texas Senate and its influences on legislators.
On the other hand, some people argue that book censorship is a violation of their constitutional right to freedom of speech, and the right to self expression. One article puts its effects this way, “Permitting restraints on literature sets the stage for attacks on all expression that is artistically or politically controversial or that portray unpleasant realities of life.” This,
It is no secret that the lawmaking process is a long winding road of difficulty and roadblocks. Without a few representatives, a bill cannot be introduced in the House or into the Senate. If a bill is introduced to the House, it is named a number with the letters “HR” before it. If it is taken to the Senate, then it’s given a number with the letter “S” before it. When presenting a bill, what is most important is who supports said bill. Usually, more powerful members of Congress are wanted to sponsor a piece of legislation for support for its path of approval.
There are many elements of the First Amendment of the United States Constitution to address. The area of the Freedom of Speech applies to every aspect of our daily lives. An examination of this area shows us why there are protected and unprotected areas of speech: speeches and actions that have been debated throughout our nation’s history and why they are important and have such an impact on our individual lives and social activities today.
1) How does the U.S. Constitution reflect the political atmosphere of the United States in the late eighteenth century? What domestic and international concerns prompted the Constitutional Convention of 1787? Explain how these concerns were addressed by the debates of the framers, and what extent did the final document successfully meet the political challenges of the period?
Chapter one of the textbook, Constitutional Law and the Criminal Justice System by J. Scott Harr, Karen M. Hess, Christine Orthmann, and Jonathon Kingsbury discuses a historical overview of the United States, or better known as the U.S. Constitution. To elaborate, the textbook educates the reader on why the U.S. Constitution was created, as well as what its main purpose is. Most people know that the U.S. Constitution was not necessarily an original thought by the United States. In fact, it was greatly influenced by the English document known as the Magna Carat (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 13). In addition, the U.S. Constitution was fashioned, mainly, as a binding document to prevent any one person from having complete power in the United
Laws are the foundation of our society, they keep citizens safe and preserve our individual freedoms. Before a law is enacted it must start out as a bill. Each bill has an extensive process it must go through to become a law of the United States of America. This process of approval ensures that those three different parts of government agree on the bill before it becomes a law. In order to become law, a bill needs to be approved by the House of Representatives, the Senate, and the President of the United States. The law-making process, or Legislative process, can be broken into two basic steps, proposition and approval. These steps are the traditional and basic steps. As time went on, these steps have been altered and changed. A bill
Riss v. New York is centered around the issue of whether or not the city was liable for the failure to provide special protection to a member of the public. Linda Riss was subject to multiple threats from her attorney and repeatedly requested police protection. She eventually suffered harm when those threats were carried out.
The Assembly Bill No. 746 Chapter 72 was created to amend Section 32261 of the Education Code. As an extension to the Interagency School Safety Demonstration Act of 1985, this law updates the definition of bullying to include the “post on a social network Internet Web site” (A.B. 746, 2011).
THE GRENADE SEIZED FROM THE DEFENDANT SHOULD BE SUPPRESSED BECAUSE IT WAS OBTAIINED WITHOUT A WARRANT OR PURSUANT TO ANY WARRANT EXCEPTION IN VIOLATION OF THE DEFENDANT’S FOURTH AMENDMENT RIGHT
The First Amendment protects any person’s freedom of speech from Congress, state government and local public officials. However, this does not allow individuals to be free in saying anything that they want to say. One example of speech that is not protected by the First Amendment are crimes involving speech. If a form of speech is used to commit a crime such as perjury, harassment or extortion, it will not be provided protection by the First Amendment. Another example is Conduct Regulations. Our government has the right to make laws in regards to the specific conduct used in the speech such as stating when, where and how the speech can be provided. These regulations can be upheld by courts as long as they considered content-neutral and are not constraining the expression of ideas. For example, they are allowed to limit the size of collateral used for speech and are also able to limit the level of sound in speech that can be heard at distinct times.
I believe that the legislative branch has the power because the President can make treaties with other countries. The Senate must confirm these treaties. According to the article“The President can give a speech to Congress on the “State of the Union,” and recommend laws that should be passed.”( section 3, article 2). I still feel that the president has a lot of power because he has the option to recommend laws.
Body Paragraph 3: Many advocates argue the uniform policy violates the Constitution with freedom of expression. However, there are ways to adopt the uniform policy and make the transition