Question one
- -Incitement- the speech is not protected when one intends to produce lawless action or is likely to produce such actions.
-Untrue statement of facts- the first amendment does not protect anyone who makes a speech that make false statement of facts.
- Child pornography- if the speech visually depicts who falls under the age of minority, exhibiting children’s genitals or even performing sexual acts.
- Obscenity – the speech is not protected if it does not meet the community standards in regards to sexual conduct.
- Speech owned by others- any speech that falls under intellectual property rights is protected by law.
-Threats - the speech that is directed at a group of people or individual and is likely to put the target at any form of risk is not protected.
B. According to the clause, the congress shall not make any law in regard to the establishment or prohibit the exercise of any religion belief. The government shall also not interfere with religious opinions or beliefs. The clause of no establishment of religion implies that the government shall act on a neutral ground not preferring either religion or non-religion against the other.
C. The main work of the U.S Supreme Court is to interpret the law through making rulings on the cases that are presented before it. It has made many ground breaking rulings that have played a crucial role in the interpretation of the U.S. constitution. The constitution established this court in 1789, and gave it ultimate appellate jurisdiction over state and federal courts in cases that involve matters of the federal law. It also has original jurisdiction in some specific range of cases. The court has nine associate justices, including the chief justice, who are normally appointed by the president and approved by the senate. After appointment, their tenure is office is lifetime unless they face impeachment, retire, resign, or even ascend to a higher office.
D. -Recall- citizens have rights to recall their elected leaders if they fail to perform as mandated. The clause allows the citizens to vote whether they support the recall of a given elected leader or not. They also vote for the person who will fill the post if the recall process will be successful.
Constitutional amendment initiative- citizens have right to initiate a process to amend the state constitution. The legislature does not have power to change constitutional law, and this aspect of direct democracy allows people to exercise their power over their elected representatives. If successful, it allows direct inclusion of its provision in the constitution.
Referrals- proposed constitutional amendments may be referred to the people to put in their views. This aspect allows the legislature to refer to the people some proposed constitution amendment that need to be undertaken. It gives citizens power to decide whether they need the proposed amendment or not.
E. The fourth amendment provides equal rights to all citizens within the state jurisdiction. The Supreme Court has provided a broader interpretation of the clause to include sustentative due process, criminal and civil proceedings, vague laws and the bills of rights. In interpreting the clause, the Supreme Court has upheld the rights of the accused to ensure they are given equal treatment before the law, and their rights are not violated. For example, the court has upheld the right of women to procure abortions if their lives are in danger. However, this may affect the society negatively, since it allows more abortions to be procured (Forsythe and Presser 85). Examples of cases in this clause include The Slaughter-House Cases and Plessy v. Ferguson
Question two
B. Mainstream media in US underwent mergers from the beginning of 1990s at an alarming rate. These included broadcast media and major newspapers in the country. This merger has greatly influenced their contents since they tend to move towards homogenization. This has also enabled them to set the reporting tone for other small media in the country over the last 25 years. Media organizations such as the New York Times, CBS, and associated press have influenced the news that are reaching consumers. Others like associated press sell their contents to smaller media organizations that may not have enough resources to conduct their own investigations. However, this has resulted to recycling effects as media houses report almost similar news.
C. Lost in detention is an investigative video that examines the present immigration enforcement in US that was conducted by AUIRP and frontline media. It also focuses on the abuses that immigrants undergo in the detention centers. It is reported that Obama administration has detained or deported the largest number of immigrants in the US history. The documentary reveals that many non-criminal immigrants have been deported against the law. It revealed many cases of sexual and physical abuse that immigrants undergo in the detention centers. The documentary conduct interviews with immigrants who were physically or sexually abuse din the hands of guards who are meant to protect them. The documentary shows that there is need to reveal the immigration policies in order to safeguard the rights of the immigrants who are suffering helplessly in the hands of security men.
Question three
- There are several cases that the US Supreme Court has used to expand the reproductive privacy and sexual rights of the Americans. In the Roe v. Wade case, the Supreme Court in 1973 ruled that reproductive privacy for women extend to procuring an abortion (Forsythe and Presser 85). However, the court stated that the right must be aligned with the state intention to control abortion through protecting mother’s health and protecting the life of the unborn baby. The court argued that the balance between the two interests could only be attained by assuming that the right of the unborn baby begins in the last trimester of the pregnancy. In the Doe v. Bolton case, the court upheld the same ruling that a woman has a right to have an abortion if the reason for doing so is viable. However, the judges argued that it was necessary for strict scrutiny to be undertaken in order to ensure there is no violation of rights of either the woman or the unborn baby. For instance, a professional judgment from the physician will be required in order to prove whether the health of the woman will be in danger or not. The court expanded the scope of the woman’s health to include physical, familial, emotional, and physiological, as well as the age of the woman.
Work cited
Forsythe, Clarke and Presser, Stephen. Tragic Failure of Roe v. Wade: Why Abortion Should Be Returned to the States. Texas Review of Law & Politics 10.1 (2005):85-170.
