First Amendment Rights Case Study
CHS260 Midterm
The First Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Part One:
Based on the Shenck case, Congress can limit language that poses clear and present danger. “Clear and present danger” is defined as proximity and degree. Since the magazine is only sent out to over 5 million men from ages 18 to 40, the likelihood of success is there but it is very low. Therefore, the US did violate Sadam Jose’s first Amendment rights. Because it isn’t a time of war, Jose could get away with what was written in the magazine. Also, the likelihood of success for Jose to actually start a revolution is most likely not going happen. Men who received the magazine may not even read the full magazine.
Based on …show more content…
Viktora, along with other white teenagers, burned a cross on Black family’s lawn. In the Mitchell case, Todd Mitchell, along with other Black boys beat up a White boy until he was unconscious and then stole his tennis shoes. In these cases they are being punished by their expression or conduct. RAV’s right were violated according to the court because he was being punished because of his expression. His expression about race, religion, gender, etc. Also, it is not illegal to be racist. As for Mitchell, the Court voted that his rights were not violated because he was punished based on conduct. Because he actually beat up a person, his actions and behavior is what got him into trouble. I believe that the Court made the right decision by ruling against Mitchell, but nit RAV. Even though what RAV and the other boys did was disrespectful and it may seem unfair, the rules make sense. Furthermore, I believe that these cases may be based on race. RAV probably got away with what he did because he was
The First Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Part One:
Based on the Shenck case, Congress can limit language that poses clear and present danger. “Clear and present danger” is defined as proximity and degree. Since the magazine is only sent out to over 5 million men from ages 18 to 40, the likelihood of success is there but it is very low. Therefore, the US did violate Sadam Jose’s first Amendment rights. Because it isn’t a time of war, Jose could get away with what was written in the magazine. Also, the likelihood of success for Jose to actually start a revolution is most likely not going happen. Men who received the magazine may not even read the full magazine.
Based on …show more content…
Viktora, along with other white teenagers, burned a cross on Black family’s lawn. In the Mitchell case, Todd Mitchell, along with other Black boys beat up a White boy until he was unconscious and then stole his tennis shoes. In these cases they are being punished by their expression or conduct. RAV’s right were violated according to the court because he was being punished because of his expression. His expression about race, religion, gender, etc. Also, it is not illegal to be racist. As for Mitchell, the Court voted that his rights were not violated because he was punished based on conduct. Because he actually beat up a person, his actions and behavior is what got him into trouble. I believe that the Court made the right decision by ruling against Mitchell, but nit RAV. Even though what RAV and the other boys did was disrespectful and it may seem unfair, the rules make sense. Furthermore, I believe that these cases may be based on race. RAV probably got away with what he did because he was