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1. Yes, the use of the word “nigger” is a violation of criminal law. Criminal law penalties may be affirmed in cases where the remark is clearly intended to evoke “an immediate and violent response.” However, the use of the word “nigger” in any other circumstance is protected under the First Amendment. 2. The defense of Michigan Basketball coach, Keith Dambrot, was that his remarks were in the context of free speech and academic freedom. The courts ruled that the university’s policy against racial epithets was overbroad, and under certain contexts could be in violation of his first amendment rights. The courts subsequently concluded that the school had the right to not renew Dambrot’s contract. 3. “Chaplinsky v. State of New Hampshire” was
Matthew's father appealed the school district's actions on behalf of his son to the federal district court. He alleged a violation of his First Amendment right to freedom of speech and sought both injunctive relief and monetary damages. The District Court held that the school's sanctions violated respondent's right to freedom of speech under the First Amendment to the United States Constitution, that the school's disruptive-conduct rule is unconstitutionally vague and overbroad, and that the removal of respondent's name from the graduation speaker's list violated the Due Process Clause of the Fourteenth Amendment because the disciplinary rule makes no mention of such removal as a possible sanction.
Naylor implies that derogatory terms have a twist and are a disguise of acknowledgement to her race. Although it was initially created to humiliate and dehumanize African Americans, ‘the n-word’ develops into a word that admires men of that race.
Board of Education (1954). In the Constitution it?s found in the 14th Amendment, Equal Protection Clause, which prohibits any state from denying equal rights to any person and equal protection of the laws. In a 5-4 decision, delivered by Justice Sandra Day O?Conner they argued that under Title IX Jackson had the right to pursue his case in court (Chicago-Kent College of Law, 2015c). The majority was lead to believe and ruled that it was intentional retaliation of the Birmingham Board of Education to fire Jackson from his position in the school (Mahon, 2015). Concurring opinion was stated by O?Connor and the dissenting opinions were stated by Thomas (Jackson v. Birmingham Board of Education,
Fraser's father brought action against the school board in the United States District Court for the Western District of Washington. He alleged the suspension and punishment were a violation of his son's First Amendment right to freedom of speech. The father sought injunctive and monetary damages under 42 U.S.C. of 1983. The district court awarded the student $278 in damages, $12,750 in litigation costs and attorney's fees, and ordered the school district not to prevent the student from speaking at the commencement ceremonies.
The name of this case and the specific facts, however, were unavailable at this time.9 Obviously affirmative action and reverse discrimination are still heavily debated issues. This is because they affect all people of all races and ethnicities. Conclusion Allan Bakke was denied his fourteenth amendment right to equal protection of the laws. In addition the University of California at Davis violated Title IV of the 1964 Civil Rights Act. By order of the Supreme Court Bakke was admitted and th e numerical quotas of the special admissions program were deemed unconstitutional. Justice was served to Bakke, but future generations who are not minorities may be plagued by the other half of the decision: That race may still be used as a "plus" on an application.
“I don’t give a fuck what a nigga say,” for a word that many different things I think most people would agree that in this since nigga means a person preferably black. Nigga is a derogatory and racist word that refers to Black people. But, we, meaning Black people, still use it. We do not care, nigga flows off the tough. In using nigga we not only show disdain but become a nigga when using it and we’re ok with it. This is why I choose Katt Williams, 2006 comedy skit Pimp Chronicle Part 1. In William’s skit he use nigga some 221 times, in 45 minute, that’s about four times per minute. I could not find a better example of someone using nigga. 221 times, he must have something interesting to say if he can find 221 reason to say the word and you know what he did. I could not help but laugh it was funny, but at the end of the day I knew though it may have been funny it was still morally wrong. In Williams, he uses nigga in ways that support Black stereotypes, which make the audience laugh. There is nothing worng with that a mans
"The Emmit Till Case, 1955." DISCovering U.S. History. Detroit: Gale, 1997. Student Resources in Context. Web. 30 Jan. 2014.
I have not used the N-word since February 25, 2015. Reflecting back to the first time I had ever heard that derogatory word, I distinctly remember we were living in Long Island, New York, and on this specific day my father and I, driving down a very busy street in an old pick-up truck, while turning into our local Home Depot my father made a very wide turn causing a white lady to miss her turn. She screamed out the window, "You dumb ass nigger". At that time I didn't grasp the meaning of that putrid word, but it didn’t take me much longer to realize the force and hatred behind it.
Fraser (1986). During a student assembly, Senior, Matthew Fraser gave a campaign speech to elect his friend to student government. Fraser’s speech was rife with sexual innuendo. Consequently he was suspended and his name removed from the list of possible graduation speakers—he was second in his class at the time. In this case, the Court established that there is a monumental difference between the First Amendment protection of expression for “dealing with a major issue of public policy and the lewdness of Fraser’s speech” (“Key Supreme Court Cases,” 2015). Comparatively, Foster’s high school points out that there is a monumental difference between Foster’s desire to express his individuality and impress girls, and the school’s desire to regulate the serious public concern of gang activity within the school. Indeed, in the petitioner’s application of Tinkering and Chalifoux court cases, the defense notes, in both First Amendment cases the students were addressing a major public issue—political and religion statements. Foster’s message of individuality, however, decidedly lacked a message that would safeguard his First Amendment
“Nigger: it is arguably the most consequential social insult in American History, though, at the same time, a word that reminds us of ‘the ironies and dilemmas, tragedies and glories of the American experience’” (Kennedy 1).
It was then argued that it was not the league’s right to suspend the basketball player even if his opinion was offensive to others, but he still had the religious freedom to express his opinions as stated in the American constitution.... ... middle of paper ... ... This could be argued by the simple fact that the legal system (despite being a supposedly emotionless system), is in fact, based highly on emotion.
Coach Wressel’s strongest arguments will be against SUM, while any arguments against the NCAA will likely fail. The most persuasive claim Wressel could make is a wrongful termination claim against SUM, assuming he is an employee. This claim will assert that SUM breached its contract of employment by firing the coach without cause and without following SUM’s disciplinary proceedings. This claim will entail a detailed, fact specific analysis of the Wressel’s agreement with the SUM. It is possible that the contract of employment includes a provision that allows SUM to terminate Wressel for NCAA rules violations. If so, this claim will fail. If not, Wressel may be able to recoup damages based on his wrongful termination.
Salant, Jonathan D. “NCAA president opposes changes to Title IX anti-discrimination law.” Washington Dateline 4 Mar. 2003: Sports 1.
The criminal justice system is united under one basic law body, in which no racism is present. Personal beliefs and anecdotes prove nothing, the criminal justice system isn’t racist. Although it may seem African Americans are highly discriminated upon in the justice system, there is ample amounts of data to prove otherwise. The criminal justice system is united under one basic law body, in which no racism is present. The system is not to blame for the racial differences found in the United States criminal justice system. The racial issues found in the system are due to inner city isolation and common crime patterns involving drugs even if it may seem as if the system is racist.
There are laws that prohibit any type of segregation in the United States of America. We have in office today the very first African American president, President Barack Obama. The culture is now more politically correct on what is acceptable and what isn 't. There is a scene in the 2005 remake of The Longest Yard that includes Guard Dunham ( Stone Cold Steve Austin) and prisoner Megget (Nelly). The "N" word was used towards this prisoner a few times, but this was the only time in the movie it was used. This is obviously not okay, but compared to the 1970 's film, this was a huge change. The use of that hateful word helped the director portray the guards as villains in the film. The 2005 remake did not separate the white and black inmates in the prison like they did in the 1974 original. Although director Peter Segal did use the disrespectful word in modern day, he used it moderately. Segal did not use it so freely like the original film because today 's culture would not tolerate it. It could have jeopardized the quality of the film in the view of modern day