Schenck v. United States

Mr. Abbadi presented to the evaluation session poorly groomed in a jail-issued jumpsuit. Hygiene and grooming were inadequate as a malodorous scent emanated from his body during the interview. Eye contact was variable. At times, he stared intensely at this evaluator. Other times, Mr. Abbadi looked at the ceiling or behind his back while talking. No gross physical impairment was observed. Numerous tattoos appeared on his arms and neck. Large print letters were tattooed on each of his…

By the early 1900s, the United States started to develop the confines of when freedom of speech and the press is valid through the court of law. The government has had a history of censoring people or the media for publishing criticism or scandalous news about the government, especially during times of war. For the most part, the freedom of speech has prevailed; however, many cases had to go through the supreme court to create a precedent on how freedom on speech and press should be handled that…

encourage national unity during World War I, American Congress enacted the Espionage Act (1917) and the Sedition Act (1918) which acutely limited 1st Amendment freedoms in order to restrain anti war discord. In the Schenck Vs. US case (1919), the Majority Opinion rules against Schenck and the protection of certain constitutional rights during war. Although war circumstances require national participation, the Court’s decision contrasts and dismisses the Constitution and ideals of a democratic…

One of the propositions that was brought up during Thursday's debate session concerned whether or not the New York Times v. Sullivan case went too far in establishing actual malice as a requirement where public officials are concerned. The case officially ruled that a public official must showcase proof against the libel. In this discussion, I would have to take the side of the two individuals who argued for this statement. An important point one of them brought up was the fact that the case…

1st, 4th, and 5th Amendments. Many people fight for their own rights because they practice freedoms for taking on actions into their own responsibilities. Presently, many people struggle with the terminology that refers to the freedom. In the United States of America, this freedom occurs anywhere on the news by chaotic people, so people have to be respected in their own rights/beliefs. In this term, the freedom does not mean that violate others. Informally, people recognize the freedom from the…

immediate unlawful action, and using fighting words. Where many seek freedom, they are met with limitations. The Miller v. California case is an example of a limitation on the First Amendment. In this particular case, the First Amendment does not protect obscenity. In January of 1972, Marvin…

The Amendments were introduced to the American Congress in 1789. They were created to protect the individuals of the United States. The Amendments are changes made to the Constitution by adding, altering, or omitting a certain part or term. The constitution has been amended twenty-seven times since 1788. The first ten amendments are called the Bills of Rights. Four amendments that I think have changed our Constitution greatly are: the First Amendment, the Thirteenth Amendment, the Eighteenth…

Civil Rights Question: Plessy v. Ferguson was a case in which the Supreme Court upheld racial segregation on the basis of “separate but equal” and was seen as not violating the 14th Amendment which guarantees equal protection under the law. Under the “separate but equal” doctrine each race as equal and would receive all public accommodations and other living resource but would be separated by race. However, the 14th Amendment, mainly the Equal Protection Clause was written to protect everyone no…

About thirty percent of defendants are found incompetent to stand trial every year (Gay, J. G., Ragatz, L., & Vitacco, M., 2015). The standard for competency was set by the supreme court case Dusky v United States. Dusky v. United States was a supreme court case in which the defendant, Dusky, challenged the ruling in his original case that he was competent to stand trial despite an expert testifying he was not competent. The court overturned his conviction stating…

Much has changed in society in the last two centuries in the United States. Issues of right that were not recognized in 1787 are now at the forefront of United State’s politics. It is inconceivable to consider that the same people who were capable of writing the constitution, did for foresee the need for the judicial bodies to fill the gaps that are not explicitly covered in the constitution. The more specific the stipulation, the greater the risk that the stipulation becomes obsolete. General…