Hate Speech on Campus

This brief article reviews the pros and cons of campus speech codes. Note, a public university, like the University of Akron, is limited in having hate speech codes vs. private universities who are more free to regulate hate speech:

http://www.scu.edu/ethics/publications/iie/v5n2/codes.html

And this article reviews trends in campus speech codes:

http://www.firstamendmentcenter.org/speech/pubcollege/topic.aspx?topic=campus_speech_codes

Hate Speech and Violence

An interesting view on hate speech and violence by U. of A. law professor Will Huhn, emphasizing the narrowness of what is considered unprotected free speech in America.

Hate Speech, Violence and the Constitution

Assignment #2 Emmett Till Case

Review the Look Magazine article written after the trial of J.W. Milan and Bryant, which revealed to the public the details of the murder of Emmett Till in 1955. Some say this incident started the national Civil Rights Movement.

How would you have reacted if you went back in time and you lived in Money, Mississippi and learned of the killing and the trial that freed the alleged perpetrators Bryant and Milam? Due Monday.

Look Magazine Article

The 2005 picture is of the store in Money, Mississippi where Till was pistol whipped and beaten

Cuyahoga Falls man on death row seeks stay of execution in wake of state's aborted attempt

It was inevitable.

Cuyahoga Falls man on death row seeks stay of execution in wake of state's aborted attempt

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Hummer Owners Speak Out!

Defending American Values, or Clueless, Wasteful Consumers?


http://zikkir.com/science/2987

Feds Probe Census Worker's Hanging in Kentucky

Feds probe Census worker?s hanging in Ky. | Wilkes-Barre News | The Times Leader

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Couple of Things

Assault Rifles Status: Assault Rifles
Miranda Rights: From Wikipedia:"Due to the prevalence of American television programs and motion pictures in which the police characters frequently read suspects their rights, it has become an expected element of arrest procedure. In the 2000 Dickerson decision, Chief Justice William Rehnquist wrote that Miranda warnings had "become embedded in routine police practice to the point where the warnings have become part of our national culture." Dickerson v. United States 530 U.S. 428 (2000). However, police are only required to warn an individual whom they intend to subject to custodial interrogation at the police station, in a police vehicle, or when detained. Arrests can occur without questioning and without the Miranda warning—although if the police do change their mind and decide to interrogate the suspect, the warning must then be given.

In some jurisdictions, a detention differs at law from an arrest, and police are not required to give the Miranda warning until the person is arrested for a crime. In those situations, a person's statements made to police are generally admissible even though the person was not advised of his or her rights. Similarly, statements made while an arrest is in progress before the Miranda warning was given or completed are also generally admissible.

Because Miranda applies only to custodial interrogations, it does not protect detainees from standard booking questions: name, date of birth, address, and the like. Because it is a protective measure intended to safeguard the Fifth Amendment privilege against self-incrimination, it does not prevent the police from taking blood without a warrant from persons suspected of driving under the influence of alcohol."

Right to Bear Arms: Per Wikipedia: "Supreme Court justice Antonin Scalia in 2008 wrote that the right to bear arms is not unlimited and is subject to reasonable prohibitions and regulations and subsequently federal court rulings have upheld existing gun prohibitions and regulations" (emphasis added)

Bill of Rights Summary

Amendment I- Freedom of religion (practice/separation of church & state); speech; press; assembly; petition government

Amendment II-Well-regulated militia, the right of the people to bear arms

Amendment III- No quartering of soldiers in a house in peacetime without consent or war in a manner prescribed by law

Amendment IV-No unreasonable search & seizures; no warrants without probable cause, w/supporting documentation

Amendment V-Grand jury required for capital offense; no double jeopardy for a crime allegedly committed; no self-incrimination; Miranda rights; property rights for private land in a public taking; no loss of life, liberty or property without due process

Amendment VI-Speedy, impartial trial by jury held where crime committed; confront witnesses; right to counsel and process for favourable witnesses

Amendment VII-Right to a trial by jury in a civil case at the Federal court of certain types of cases (based on English common law)

Amendment VIII-No excessive bail, nor excessive fines, nor cruel and unusual punishment

Amendment IX-Enumeration of certain rights does not deny others retained by the people

Amendment X-Powers not delegated to U.S. or denied to States, shall be reserved to States, or to the people.

Double Jeopardy on Death Row?

If you were on death row, and faced the executioner...............and survived, can the State try to kill you a second time, or have you escaped Death? Ohio law requires executions to be "quick and painless". Does the Constitution's standard in the Bill of Rights against "cruel and unusual punishment" apply here?

This article provides a summary of ther current Ohio case where State of Ohio technicians failed to find an "adequate" vein in Romell Broom's arm or leg, and the procedure was stopped after 2 1/2 hours, to be tried again soon (unless the courts intervene).

What do you think should happen? This situation has only happened once before.

From Wikipedia: "Cruel and unusual punishment is a statement implying that governments shall not inflict suffering or humiliation on the condemned as punishment for crimes, regardless of their degree of severity. It was founded in the English Bill of Rights, which was signed in 1689 by King William III and Queen Mary II who were then the joint rulers of England, Scotland, and Ireland following the 'Glorious Revolution' of 1688.

These exact words later appeared in the Eighth Amendment to the United States Constitution (1787). The British Slavery Amelioration Act of 1798 also used the term, forbidding slave owners from using "cruel and unusual punishment" on slaves in the British Caribbean colonies. "

Cruel and Unusual Punishment

Ohio's delayed execution of Romell Broom of East Cleveland today was based on the principal of "cruel and unususal punishment in the 8th Amendment to the Constiution. The Supreme Court recently declared lethal injection as appropriate, in spite of argument's about it's flaws as a means of captial punishment.

Listen to the audio below for a good overview of the issues with the use of lethal injection.


NPR Audio on Lethal Injection

Ohio Military Reserve

Most military activities fall under the Federal government. But the Ohio Military Reserve is state-based. Here's some more information:

Ohio Military Reserve
I Am A State Soldier

Color guard of the 23rd Ohio Volunteer Infantry with the national colors of their regiment, ca. 1863-1865. The regiment, composed of soldiers from Ohio, mustered in for Civil War service with the Union Army on June 11, 1861 at Camp Chase, Franklin County, Ohio. They mustered out on July 26, 1865 at Cumberland, Maryland. (www.ohiohistorycentral.org)

Super Essay: Assignment #1

Many varied opinions on the trash-talking blogger; more than I expected. This particular response was clear and to the point: Good job everyone!

"My opinion on the issue is that the woman was wrong for slandering the model in the way that she did. She may have sent the comments anonymously, but she still sent them.
The model is in her rights to sue for Defamation of Character because that's exactly what the blogger did: she made up lies and rude comments that she didn't know were true or not.
The woman blogger does have the right to speech, but when your right to speech impedes on someone else's rights, then you have to be punished for that. The comments that were written were there for the masses to see and access. This could potentially be dangerous for the model.
First amendment rights only count when no one else is being negatively affected."

Study Guide for Test #1

Here's some key elements for the Chapters1-4 to make sure you know. These are not test questions, but will give you an idea how well you know the material. Use this study guide in addition to your notes from the text and lectures and the web resources for your text.

Chapter 1 Citizenship in Our Changing Democracy

• Who belongs to the "millennial generation? How are they different?
• What are the 3 natural rights?
• What is "politics"?
• Where did democracy have it's beginnings?
• Is politics voluntary or mandatory?
• What's a "representative" democracy?
• What's "direct" democracy?
• Majority rule and protections for _______rights.
• Ruling elite vs. pluralism: what do they mean?
• Is it important to have citizen participation in a democracy?
• What are referendums, initiative petitions and recalls?
• What are basic elements of a liberal democracy?
• Know the 3 essential aspects of liberal democracies
• Is American society growing in diversity? Why is this happening?
• What are challenges for governing a society with an aging population?
• Do large economic divisions still exist in our society?
• Are some states using voting by mail to increase participation in the political process?
• Role of the Internet in politics and community organizing
• Are there responsibilities that go along with our freedoms?
  
  

Chapter 2 The Constitution: The Foundation of Citizen Rights

• First permanent British colony was in _________?
• What caused American rebellion against Britain?
• Early political participation was limited to whom?
• Articles of Confederation: weaknesses: name a couple
• What were Shay's Rebellion and the Whiskey Rebellion about?
• Elements of the "Great Compromise" at the Continental Congress
• "3/5" Compromise: what was this about?
• Separation of powers and "checks and balances"
• What's federalism?
• What did first 3 Articles of Constitution deal with?
• What's the "supremacy clause"?
• The Bill of Rights: who wanted them?
• What were the "Federalist Papers?
• 2 methods for changing the Constitution? Who makes final decision? Congress or the States?
• Importance of Marbury vs. Madison case
• Expansion of the franchise occurred through amendments to the Constitution: who benefited?

Chapter 3 Federalism: Citizenship and the Dispersal of Power

• Unitary and confederal forms of government vs. federalist
• Enumerated powers, concurrent and prohibited powers
• Pluses and minuses of federalism
  
• Is federalism static or dynamic over time?
• What was significance of the philosophy of nullification?
• McCullough v Maryland and Gibbons v Ogden cases' significance
• Dual federalism aspects: Dred Scott decision significance
• Shifting trend towards strengthening federal role in 1900's
• The New Deal and growth of national power
• Cooperative federalism: federal/state partnerships up to 1960; marble-cake federalism
• Creative federalism in 60s and 70s: Brown v Board of Education decisions; targeting funds to local governments to eradicate poverty; revenue sharing
• New Federalism and devolution of power: Regan and beyond; will we return to a patchwork of rights?
• Grants-in-Aid and, block grants, categorical grants, program and formula grants
• Mandates and unfunded mandates: what are they about?
• Forms of cooperation and competition: full faith and credit provisions, compacts and business competition
• Innovation by the States: who dominates?
• Opportunities for participation enhanced with federalism

Chapter 4 Civil Liberties: Expanding Citizens' Rights

• Freedom of Religion: Free Exercise and Establishment Clause
• Early provision of rights prior to Constitution
• Arguments against having a Bill of Rights
• What's the "Lemon Test"?
• Accomodationists: who were they?
• Religion in schools: prayer and "intelligent design"
• Aid to religious schools: Cleveland voucher case key
• Freedom of Speech issues: political speech (clear and present danger test and bad tendency test, campaign speech (is money "speech"?)
• Symbolic and commercial speech (what is commercial speech?)
• Obscenity issues: the Miller test; who controls what's obscene? States or Federal government?
• Defamation (slander and libel, the Sullivan rule) ; and hate speech (prejudicial and hostile)
• Freedom of the press: prior restraint (censorship); government role with controlling the media: radio, TV, print
• Freedom of Assembly and Association: civil rights era emphasis
• Right to Keep and Bear Arms: citizens vs. the militia: DC v Heller case (discussed in class)
• Rights of Accused in 14th Amendment: unreasonable search and seizures w/ probable cause; warrantless searches: what are they?
• Self incrimination and the Miranda Rights; Right to counsel and a trial-by-jury
• Capital punishment & cruel and unusual punishment clause; is death by injection constitutionally prohibited?
• Right to privacy: implied right dealing with birth and death issues
• Civic engagement in civil liberties cases: many opportunities: ACLU, Jehovah's Witnesses; test cases, amicus curiae and "friend of the court" briefs; protection of advocacy
  
  

Objecting to the President Talking to America's Schoolchildren

Interesting article on what we discussed this AM. Should his talk online and on TV be cancelled? Should students be allowed to take the day off if they don't want to hear what the President has to say? Should students be exposed directly to what the President wants them to hear? Or should it be filtered through their parents or teacher first?

Objections to President Obama's Plan to Talk to Schoolchildren

Dying in War and the First Amendment

The Beacon Journal, among some other newspapers, published a picture of a dying American Marine on the battlefield in Afghanistan. The Dad of the young man protested printing the photo, and Secretary of Defense Robert Gates pleaded with the Associated Press not print the photo because of the family's objections. The AP released the photo anyway, saying it shows the grimness of war.

What do you think? Does Freedom of the Press apply here or not?

Article on the photo



Photo is of dead soldiers from World War I

Andrew Sullivan's Take on Life, Liberty and the Pursuit of Happiness

I like this personal definition of the basic elements of life, liberty and pursuit of happiness. He says it better than I could. Listen online or read his comments.

NPR-Andrew Sullivan

Primary Election Next Tuesday September 8

Check out the two information sites in this article to find out who's runnning in this primary election next week (we're picking people from our party to run in the general election in November for local offices).

Ward Races Heating Up

Revised Syllabus on Springboard

Please note a revised syllabus with revisions to dates for assignments is now on Sprinboard under course "Content". Make sure you use this for scheduling your work and studying for tests, etc.