Thank you for your time. This trial is one of defamation, which means that the plaintiff had to prove Andy Rather and CAT News made false, factual statements with malice intent that were unfavorable to former governor Pat Justice and caused him/her to lose the election. While, throughout this trial, we have been able to understand that the published statements from CAT News were false, our witnesses, Cameron Carter and Reese Murphy have proved that these statements were not published with malice and caused no actual damages to Pat Justice’s Career. The Ohio Constitution protects freedom of speech, in cases of opinion. In Andy Rather’s interview with CAT News, it is very clear that he was simply stating his opinion on what had happened at Trillium,
“While the authors of the United States Constitution are frequently portrayed as noble and idealistic statesmen who drafted a document based upon their conception of good government, reality is that the constitution reflects the politics of the drafting and ratification process. Unfortunately, the result is a document that is designed to produce an ineffective government, rather than a government that can respond to issues in a timely fashion.” In support of this conclusion, the issues of slavery, The 1906 San Francisco Earthquake, and the civil rights struggle keenly demonstrate the ways in which our constitution hinders the expediency and effectiveness of America’s government. The constitution’s provisions towards voting eligibility and
Jonathan dayton was born october 16th 1760. He was born in Elizabethtown New Jersey. His father was Elias Dayton, Elias was an scorekeeper. He was also active in his local state politics. I could not find any information on his mother. Jonathan attended the college of New Jersey (Princeton University) he joined the continental army where he fought in the Revolutionary War. At the age of 19 he achieved the rank of captain, serving under his father. When the war finished Dayton studied law and established a practice. Which took up most of this time. When he was done serving as a delegate of the New Jersey, He became a prominent federalist legislator. In 1789 he was elected to the U.S. House of Representatives.
The US Constitution states “We The People of the United states in order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for more common defense, promote the General Welfare, and secure the blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” The main purpose of the U.S Constitution is to establish the basic rights of all American Citizens. This follows that every United States Citizens have equal rights. Belonging to a minority group because of culture, religion or race does not assert that one is unconstitutional. In times of war, evacuation of minority groups only in NOT constitutional; however, evacuation of ALL United
Terry v. Ohio is an important case in law enforcement. What did the Court say in this case, and why is it important?
On October 16th The University of Findlay hosted a platform for debate concerning the Ohio state Issue 2. Dave Butland was there representing a vote no for Issue 2 and Dave Little was there representing Ohio Taxpayers for Lower Drug Prices, or a vote yes. Many people came to the debate to learn more about Issue 2 but many people left more confused or just as confused as before. Everybody knows that state Issue 2 is very confusing and many people wanted to go to the forum to learn more about the issue. Obviously the event was a debate and the two opposing sides had different viewpoints, but the one thing they agreed on, was that state Issue 2 is confusing. If Issue 2 is passed it will require state agencies to pay no more for prescription
The case of Terry v. Ohio took place in 1968. This case involved a Detective who had witnessed three suspicious males patrol a street and stare into a specific window multiple times. With reasonable suspicion and probable cause, Detective McFadden assumed one of them could be armed. He then took one of the males and patted him down to find that he had a pistol on him. He patted the victim down for reasons of protecting himself and others in the community. The Fourth Amendment does include, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (Israel, LaFave). The people who are being frisked are for reasons that the officer wants to protect himself and others, not just for no reason. People do have a right to their personal, private property and the stop and frisk, or sometimes know as a terry stop, is approved if the officer has reasons to believe the person could be carrying a weapon or a threat to society. The officer had reasonable suspicion and probable cause to search the male and was able to legally with the Fourth Amendment. The stop and frisk action has been around for almost 50 years. Is it time to put a stop to it because people think it is unconstitutional, or to change the way we view
The Constitutional Convention was held in May 25 1787 in Philadelphia to discuss revising the Article of Confederation. Delegates from the various states met in Philadelphia and George Washington president was elected to preside over Convention. However, the result of convention wasn’t likely what the purpose of convention to revise the Article of Confederation because what it ended up doing could not answer successfully the question of slavery and was creating a new constitution, which was the United States Constitution. There were three plans submitted for government structure which were Virginia, New Jersey, and Connecticut Compromise.
There are many Supreme Court cases in which the court case decision affected society and the accused. Also, many debates about how it affected society and the accused are up in the air. People will either look at it as positive or negative, depending on the person. In some cases, many of the accused actually did something wrong, but yet still got away with the crime. It just goes to show there is a flaw in the court system, but again, a different subject.
Her attorney argued that she should never have been brought to trial because the material evidence resulted from an illegal, warrant less search. Because the search was unlawful, he maintained that the evidence was illegally obtained and must also be excluded. In its ruling, the Supreme Court of Ohio recognized that ?a reasonable argument? could be made that the conviction should be reversed ?because the ?methods? employed to obtain the evidence?were such as to offend a sense of justice.? But the court also stated that the materials were admissible evidence. The Court explained its ruling by differentiating between evidence that was peacefully seized from an inanimate object, such as a trunk, rather than forcibly seized from an individual. Based on this decision, Mapp's appeal was denied and her conviction was upheld.
The Ohio Constitution is a massive document that not only details the rights of individuals as one would expect, but it also details how the state and local governments are to be set up as well as conduct business including their limitations.
To sum, the case is about an advertising the newspaper included some inaccurate story about the civic leaders, civil right events, and Sullivan. Sullivan (a public official) believed that the defamatory comments that were made of him were making a negative impact on his life, thus he sued the New York times. The court in Alabama at the time ruled “The law … implies legal injury from bare facts of publication itself, falsity and malice are presumed, general damages no need to presume.” Thus, the court from Alabama gave Sullivan a compensation of five hundred thousand dollars. New York times decided to take this case to the supreme court because they believe their 1st amendment rights were being violated. Therefore, a new question arose whether the first amendment protects defamatory, false statements concerning public officials? The court ruled that the 1st amendment does protect the publication of all statements, even false ones, concerning the conduct of a public official except when the statement was made with actual malice. Once again, we notice the irony of freedom of speech the issue is citizens are not informed that under the 1st amendment there is sufficient rights guarantee. It is not solely having the right to express our emotions towards the government, it is to expose information to citizens and have the citizens decided for themselves. Democracy does not work if the government or public official try to hide information from its citizens. Democracy function when there is a clear majority of press that expose the truth and allow people to determine what the issue is. Press must be able to protect us against an overreaching government. Sometimes executive power tries to control the press because they do not want to inform the truth about that for example the Watergates scandal, Edward Snowden, Wiki leaks and
To the everyday US citizen the United States Supreme Court is a nonexistent entity that is not often heard from or seen unless it reaches a decision on a controversial case. Mapp v. Ohio was one of the controversial cases that the Supreme Court made a decision on in 1961. What were the facts of the case? What constitutional issues are in question? What did the court decide, and what were there reasoning of the justices? What is the significance of the case?
The plan to divide the government into three branches was proposed by James Madison, at the Constitutional Convention of 1787. He modeled the division from who he referred to as ‘the Perfect Governor,’ as he read Isaiah 33:22; “For the Lord is our judge, the Lord is our lawgiver, the Lord is our king; He will save us.” http://www.eadshome.com/QuotesoftheFounders.htm
In the initial years of the United States a meeting of delegates appointed by the several states met for the sole purpose of revising the Articles of Confederation. The result of this meeting was the creation of the U.S. Constitution that would soon become the ultimate directive for both Federal and State Governments. Since its birth it has been revised, amended, and ratified in order to solidify the allocation of power between the separate branches of government. Although this may be the case, distribution of the powers has been disputed ever since the formation of the Constitution. These political, legal, and quasi-legal constitutional disputes triggered civil unrest and led to explicit acts of opposition involving nullification and
The last half of the 18th century was very important for the United States. During this era, the nation was founded following the Declaration of Independence and drafting and ratification of the Constitution a decade later. The 1787 constitutional convention and ratification debate was very important in the making of the US Constitution. The dynamics, antagonism, considerations, process and the eventual consensus regarding the Constitution can be explained by discrete theories in political discourses. However, there are theories that fit best within this historical context and help better explain the process of the constitutional convention and ratification. This paper will talk about pluralist theory as a theoretical perspective that best explains the workings of the 1787 constitutional convention and ratification debate, as opposed to power elite theory. This will be achieved by looking at the premises of pluralist theoretical perspective, and the workings of the 1787 constitutional convention and ratification and then show how pluralist theory best captures the workings.