Tag Archives: news

Hypocritical Supreme Court Harming Pregnant Women

Should the government allow pro-life advocates to freely protest in front of Planned Parenthood clinics without a barrier even if it means harassment of the patients?

Teen pregnancy, rape, defective birth control, or maybe just an accident. Abortions potentially play a major role in thousands, if not millions, of peoples lives. Some are pro-life while others are pro-choice, but how far can one group go to push their opinions onto others? When does pushy turn into dangerous? And how far can the government go to prevent protesters from going too far?

Pro-life vs Pro-choice is without a doubt one of the most prevalent hot topic issues we see today, but where does the Supreme Court draw the line between protection and freedom to protest. In Massachusetts, this was the essential question for many. A law that was enacted in 2007 created a 35-foot barrier zone outside entrances to planned parenthood abortion clinics as a response to a rich history of harassment and violence. Pro-life advocates were furious and challenged the law saying it violated the first amendment and their right to state their opinions and protest. Yet many of these pro-life advocates said that they were not protesters, but petitioners. The law denied them the right to do so.

On the other hand, it has been noted that these ‘petitioners’ aren’t always peaceful, in fact, they can get aggressive and violent fairly easily when they are disagreed with or can’t change the woman’s mind. This was also the main point that Massachusetts’ Planned Parenthood Clinic brought up in favor of the laws staying in the act. They brought up many past examples of violence targeted towards the Cilic, and even a shooting.

So how does the first amendment play into all of this, and how did the Supreme Court decision to go about such a sensitive topic? Well, this isn’t the first time that the Supreme Court has handled the buffer zone debate. According to NPR news, “Fourteen years ago, the court upheld Colorado’s 8-foot “floating” buffer zones around individuals to protect patients and staff entering and exiting these clinics. Since then, buffer zones have prevented demonstrators from closely approaching patients and staff without permission.” But this time around for the Massachusetts ruling the court wasn’t so liberal with their decision.

Although the Massachusetts situation is different in the sense that their buffer zone will not allow the demonstrators within 35 feet, the issue is still the same. Their situation closely resembles the same buffer zone issue in St. Louis, where the bill was rejected, according to KMOV4 News. But the border isn’t as long as is seems to be in Massachusetts, 35 feet is similarly the same size as an average school bus, and wouldn’t take more than 10 seconds to walk the full length of. It also allows anyone and everyone to walk through it, as long as they intend on entering the clinic or simply crossing over the buffer zone. The Supreme Court ended up ruling against the buffer zone due to it violating the petitioners right to protest. This didn’t settle well for Planned Parenthood leader Marty Walz, who thought the Court was being hypocritical. The Supreme Court has its own buffer zone, not allowing anyone to demonstrate, speak, or protest on his or her block. Or how there is a “150-foot buffer zone around any polling place on Election Day.”

Although the border does technically prevent some to their right of protest, is it worth the violence, the shootings, and the harassment of women going through one of the hardest decisions of their life? Should the Supreme Court be more lenient with the buffer zone, considering they too use it to their advantage? The buffer zone issue has little to nothing to do with people’s views on abortion, but how we view one another’s safety. You would think the Supreme Court would care more about the women’s lives that are potentially being put in danger than their views on whether or not abortion is right.

Totenberg, N. (2018). NPR Choice page. [online] Npr.org. Available at: https://www.npr.org/2013/12/20/255870199/supreme-court-considers-legality-of-abortion-clinic-buffer-zones [Accessed 29 Sep. 2018].

News, K. (2018). St. Louis aldermen reject bill to create a buffer zone around Planned Parenthood. [online] http://www.kmov.com. Available at: https://www.kmov.com/news/st-louis-aldermen-reject-bill-to-create-buffer-zone-around/video_479d0f52-c6a6-587a-9035-0ac79a3b1896.html [Accessed 29 Sep. 2018].

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Does Fake-Lynching a President Fall Within A Person’s Freedom of Speech?

On October 29th, 2016, during a UW-Madison football game at Camp Randall, there was a man found wearing a costume acting like Barack Obama was being lynched. One man wearing a prisoner outfit and a Barack Obama mask on his face, a Hillary Clinton mask on the back of his head, and a noose around his neck. The other man involved, worse normal clothes with a Donald Trump Mask on. This man was seen holding the noose up that was on the other man’s neck. The assimilated the lynching of both Clinton and Obama. In terms of this being within the two men’s freedom’s of speech and expression, it is. The only thing that is illegal to do under the context of the president is to say something. There is nothing about acting out a President’s death. Someone is not allowed to say “I want to kill the President” or “Someone should kill the President”. Doing what these men did is highly offensive, but is within their rights. The one way this could be pushed to fall outside the lines of freedom of speech is obscenity. This states that  “any utterance or act that strongly offends the prevalent morality of the time”. Meaning, if this offended the majority of the stadium, then this act can be considered outside the boundaries of freedom of speech and expression.

Definitions

Info 1

Info 2

Social Media is Free Speech

Social media is so popular these days and is so versatile it can be used so many different ways. There are many positive aspects to social media, but a major debate over social media has always been about where the first amendment fits into all of it. The big question that everyone is talking about is if the government should be able to regulate what is being said and posted on social media.
The first amendment states that “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.” To me, freedom of speech means that people have the right to say whatever they want whenever they want. Even though I believe lots of people choose to abuse this right and use it as a way to hurt people, it is still our rights as U.S. citizens to say whatever we want. Social media is just a part of this. The use of language can be more strong on social media because it is through a screen and not face to face. I think this is where most of the problems arise and where some people want social media to be regulated because lots of people share hateful and offensive thoughts online. Some people believe others should not have the right to say such horrible things online, and while I agree with that concept, I also acknowledge that the first amendment was created so people to speak their minds freely and have their opinions be heard. If the government were to regulate everything that was put on social media, it would cause people to become closed off and scared to share their views and opinions.
The U.S. is one country that grants its citizens the right to say whatever they want about whatever they want and I choose to look at that as a blessing instead of a curse. Despite the fact that some people abuse the first amendment and choose to use it as a weapon of hate instead of a way to heal and bring people joy and happiness, I do not believe that the government should be allowed to regulate everything put on social media. Social media is a creative output for so many people and a way for people to get their ideas heard. If the government is looking over everyone’s shoulder all the time, then they are taking away people’s voices because they will be too afraid to speak their minds.

Citations:

Karentay. “How Should Governments Regulate Facebook and Other Social Media Platforms? Proposing A New Paradigm to Regulation.” Technology and Public Good, 24 Oct. 2017, techandpublicgood.com/2017/10/24/how-should-governments-regulate-facebook-and-other-social-media-platforms-proposing-a-new-paradigm-to-regulation/.

“First Amendment – U.S. Constitution.” Findlaw, constitution.findlaw.com/amendment1.html.

Should Teams Be Able to Pray Before Games?

Essential Question: Should teams be allowed to pray together before games?

 

There has been a lot of controversy over the topic of the Freedom of Religion within the First Amendment.  Many are at war over whether teams should be allowed to pray before games or not. The problem sparked at Santa Fe High School around 1995 and was reassessed in 2015 and 2016 after a few more sport incidents.  The First Amendment may protect individual’s rights to freedom religion but when it comes to teams praying on a public school property, it is not protected.  This is because the government is not allowed to promote religion in any way.  How does this relate to a school sporting event you might ask.  Public schools are owned by the government.  If a public school were to teach about prayer, or allow teams to pray together before events, they could get in serious trouble because one may see this as promoting religion.  Individuals may take a moment of silence but they must practice their religion to themselves so they do not violate others rights.  Some may take The government regulates this closely so that no schools is deemed favored over another.  There have been several cases of this and no school has won due to the fact that the First Amendment does not protect them on this matter. 

Some may believe that this violates their Freedom of Exercise but it does not.  They are not banning you from your religious practices as an individual but they are protecting the rights of others and the laws that they have to follow.  If other’s rights are being violated then it can lead to serious conflicts between families of the school and would have to involve members of the school board.  If word got out of conflicts like this, it could hurt the school’s reputation or would cause even more arguments from people not involved in the situation.  For these many reasons, school athletic teams are not allowed to pray before games.

 

Works Cited:

Membership, ALCU. “Your Right to Religious Freedom.” American Civil Liberties Union, 2018, http://www.aclu.org/other/your-right-religious-freedom.

Carlson, Mr. David. “Establishment Clause.” LII / Legal Information Institute, 10 June 2009, http://www.law.cornell.edu/wex/establishment_clause.

Ash, Elliott T. “Free Exercise Clause.” LII / Legal Information Institute, 4 May 2010, http://www.law.cornell.edu/wex/free_exercise_clause.

Green, Lee. “Prayer, Religion-Related Activities at School Athletics Events.” NFHS, 13 Apr. 2016, http://www.nfhs.org/articles/prayer-religion-related-activities-at-school-athletics-events/.

Should burning the flag be Illegal?

First off people who say their going to burn the flag are doing it to protest the government.

If burning the flag is not a protected form of speech, is kneeling for the National Anthem protected? Most people would say yes because it is a peaceful way to protest something, but according to thelawdictionary.org, burning the flag is also showing a form of peaceful protest. If burning the flag is illegal, then kneeling for the National Anthem is illegal right? Even though they are both protesting peacefully. But according to cnn.com neither president Trump nor congress can criminalize it.

Is censorship in schools an example of Obscenity?

Topic:  Censorship

Essential Question: Is censorship in schools an example of Obscenity?

 

The school system is very strict of what they can or can’t show you. There are all kinds of censorship that the the school system portrays on the student body. “Teachers, principals, and school administrators make decisions all the time about which books and materials to retain, add or exclude from the curriculum”. “As the National Council of Teachers of English (NCTE) and International Reading Association (IRA) note, there is an important distinction between selection based on professional guidelines and censorship: ‘Whereas the goal of censorship is to remove, eliminate or bar particular materials and methods, the goal of professional guidelines is to provide criteria for selection of materials and methods’.” When a book has swearing or bad words in it, but it’s used for educational purposes does that make it obscenity? There were lots of books that were banned from schools all around America when it is really showing us students how life was at that time in the past. When teaching the english language we need to have examples of both the good and the bad. When dealing with American history the best way to teach us it not filter out everything. There was a time the Supreme Court considered whether a local school board violated the constitution by removing books from the school library, it was held that the right to receive ideas is a necessary predicate to the recipient ‘s meaningful exercise of their own rights of speech, press, and political freedom.  Most censorship of materials and restrictions are commonly prompted by public complaints causing the library board or school administration to be mindful of the importance of their neighbor’s religious values, moral sensibilities, and protecting children from offensive materials. So really the ordinary citizens are the driving force behind the challenges to the internet, information, and ideas. Even though there will always be controversy on school censorship, I know that it is an example of obscenity that needs to come to a mutual agreement in the future.

 

Us, About et al. “The First Amendment In Schools: Censorship.” National Coalition Against Censorship. N. p., 2018. Web. 18 Feb. 2018.How does the first amendment protect what teachers say in the classroom? http://ncac.org/resource/the-first-amendment-in-schools-censorship

“First Amendment And Censorship.” Advocacy, Legislation & Issues. N. p., 2008. Web. 18 Feb. 2018. http://www.ala.org/advocacy/intfreedom/censorship

Burning the American Flag

Burning the American flag is symbolic speech. Symbolic speech is an expression of an idea that doesn’t use words. For example, Gregory Lee Johnson was convicted for desecrating a flag in violation of Texas law. The Court determined if his conviction was consistent with the First Amendment. The Court of Criminal Appeals viewed Mr. Johnson’s conduct as symbolic speech which is protected by the First Amendment. “Given the context of an organized demonstration, speeches, slogans, and the distribution of literature, anyone who observed the appellant’s act would have understood the message that appellant intended to convey. The act for which appellant was convicted was clearly speech contemplated by the First Amendment.” Id., at 95. If Mr. Johnson was disturbing the peace there would be charges. Since Mr. Johnson wasn’t disturbing the peace with his desecration of the flag there were no charges.

A con to burning the American flag is that the American flag is losing significance. A citizen could see flag burning as a threat to the United States. Barry states on web.b.ebscohost.com, “Our freedom is protected institutions, groups and individuals; the police, legal system, ambos, parliament, and trade unions. The treat to our society will more likely come from within unless we are tolerate, accept people’s differences, and treat all those who come to our country with respect and dignity.” Burning the American flag is disrespectful towards our country.

Work Cited

Brennan, William J., and William H. Rehnquist. “Court’s Opposing Views Create Storm of Debate.” Palm Beach Post (West Palm Beach, FL), 02 Jul, 1989, pp. 1E+, SIRS Issues Researcher, https://sks.sirs.com.

Illawarra Mercury (2018). Flag has Lost Significance. [online] p.pg 15. Available at: http://web.b.ebscohost.com/ehost/detail/detail?vid=1&sid=b9560f2e-626f-4f72-be1b-eaf4efe97c86%40sessionmgr101&bdata=JnNpdGU9ZWhvc3QtbGl2ZSZzY29wZT1zaXRl#AN=SYD-63GPV4XJJUO173JML1EO&db=n5h [Accessed 14 Feb. 2018].

Police arrest protesters at flag-burning outside convention. (2016). [Blog] Sofrep. Available at: https://sofrep.com/59653/police-arrest-protesters-flag-burning-outside-convention/ [Accessed 19 Feb. 2018].