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Recommended: Argument of the first amendment
Albert Snyder, Matthew Snyder’s father, filed suit against Westboro Baptist Church. Originally, he sued Fred Phelps, Phelps’s daughters and the church claiming five different torts: defamation, publicity given to private life, intentional infliction of emotional distress, intrusion upon seclusion, and civil conspiracy. Of these five, three of them initially held ground in court. The district court ruled that defamation and publicity to private life could not be adequately proven. (Snyder v. Phelps)
The court found Westboro Baptist Church liable for millions of dollars on the tort charges of intentional infliction of emotional distress, invasion of privacy, and civil conspiracy. Westboro fought the verdict by claiming it was “grossly excessive
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Since the First Amendment protects chiefly speech on public issues, depending on the case, there could be special protection for the defendant. It is not necessarily clear what defines a public issue, but it can generally be considered if it is “relating to any matter of political, social, or other concern to the community.” (Snyder v. Phelps) It is unimportant if the statement is inappropriate or controversial. Since the matter of Westboro’s signs relate completely to public matters, it cannot be directly assumed that phrases were meant to directly attack Snyder or his family. Also, while the statements made by Phelps and Westboro as a whole might be outrageous and crude, they are views of public concern. (Snyder v. …show more content…
While the picketing was done in regards to a private funeral, Phelps and his church were a good distance away from the service. Snyder even claims that he could only see the tops of the picketers signs from the funeral. Also, “there is no indication that the picketing interfered with the funeral service itself” (Snyder v. Phelps).
Since Snyder cannot recover on the claim of intrusion on seclusion, he also cannot recover on civil conspiracy. “Because the First Amendment bars Snyder from recovery for intentional infliction of emotional distress or intrusion upon seclusion—the allegedly unlawful activity Westboro conspired to accomplish—Snyder also cannot recover for civil conspiracy based on those torts.” (Snyder v.
Oliver Wendell Holmes’ “The Path of the Law” assessment consists of the prediction theory, the “Bad Man” account of the law, and being against legal formalism. First, Holmes’ “prediction theory” of law is based on knowing what chances one has in court to have things go their way. This theory deals with (1) making judicial decision-making too easy, and (2) it is unclear how a judge could be wrong about the given law especially if they have a correct understanding of it (Lane, 2007). This also relates to how an attorney practices and how they interpret the law. In this specific case, the decision is not easy because it not only brings into question the First Amendment as it relates to freedom of speech, Fourteenth Amendment as it deals with abortion, and also a past case ruling that it was acceptable for individuals protesting, educating, or distributing literature to be eight feet away fro...
In a case similar to Fraser, a student was sent home twice for wearing a Marilyn Manson t-shirt with a three-faced Jesus on the back. The t-shirt also referenced biblical statements that were deemed inappropriate and disruptive to the learning environment. The court found that the school had the right to impose action for words or phrases that were considered vulgar and offensive. Just as with the Fraser case, the ethical significance is that students do not have the right to wear articles of clothing that depict messages or images in an offensive, public manner.
The film “I grew up in the Westboro Church. Here's why I left”, by Megan Phelps-Roper describes the reason Megan left the church, thanks to her friends from Twitter. She was force to be a member from the Westboro church but throughout time she realize that she didn't agree with it and people form social media who cared about her made her open her eyes. Megan Roper speech if for the people on the internet that have to interact with people they disagree with. Her claim is that we can make interacting with people we disagree and make it better. Megan Phelps-Roper uses the appeals of ethos and pathos to strengthen her claim by listening to her friends from twitter who changed her view and trying to change the emotions of the people who
Freedom of speech has been a controversial issue throughout the world. Our ability to say whatever we want is very important to us as individuals and communities. Although freedom of speech and expression may sometimes be offensive to other people, it is still everyone’s right to express his/her opinion under the American constitution which 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 the press”. Although this amendment gave people the right express thier opinions, it still rests in one’s own hands as how far they will go to exercise that right of freedom of speech.
In turn Sossamon filed a suit against the state of Texas, also to include their state and prison officials. The case was known as Sossamon v.Texas. Sossamons initial argument was the prison systems interference with his ability to practice his religion not only violated the Religious Land Use and Institutionalized Persons Act or “RLUIPA” and Ins...
"Protecting Freedom of Expression on the Campus” by Derek Bok, published in Boston Globe in 1991, is an essay about what we should do when we are faced with expressions that are offensive to some people. The author discusses that although the First Amendment may protect our speech, but that does not mean it protects our speech if we use it immorally and inappropriately. The author claims that when people do things such as hanging the Confederate flag, “they would upset many fellow students and ignore the decent regard for the feelings of others” (70). The author discusses how this issue has approached Supreme Court and how the Supreme Court backs up the First Amendment and if it offends any groups, it does not affect the fact that everyone has his or her own freedom of speech. The author discusses how censorship may not be the way to go, because it might bring unwanted attention that would only make more devastating situations. The author believes the best solutions to these kind of situations would be to
Because it is a Constitutional right, the concept of freedom of speech is hardly ever questioned. “On its most basic level [freedom of speech] means you can express an opinion without fear of censorship by the government, even if that opinion is an unpopular one” (Landmark Cases). However, the actions of Americans that are included under “free speech,” are often questioned. Many people support the theory of “free speech,” but may oppose particular practices of free speech that personally offend them. This hypocrisy is illustrated by the case of Neo-Nazis whose right to march in Skokie, Illinois in 1979 was protested by many, but ultimately successfully defended by the American Civil Liberties Union (ACLU). The residents of this predominantly Jewish town which contained many Holocaust survivors were offended by the presence of the Neo-Nazis. However, then ACLU Executive Director Aryeh Neier, who...
In 1984, there was a protest in the streets of Dallas; Gregory Lee Johnson was one of the many protesters there. During the protest Johnson set an American Flag on fire. There were some who agreed with what Johnson had done, but there were several others who felt extremely offended. This caused Johnson to go to court When Johnson went to court he was found guilty and was charged with "the desecration of a venerated object.”, and was sentence to a $2,000 fine, and one year in prison. Jonson should have not gone to court in the first place because what he had done was protected under the first amendment, the freedom of speech and the freedom of assembly.
Society strives to feel a sense of belonging. We want to be a part of something that shares the same beliefs as us. We spend our time trying to place ourselves in a group to satisfy these needs, whether it is in a hobby club, a group of friends, or religion. Some people go to more extreme measures and find this in what we call a cult. According to Henslin, a cult is a new or different religion whose teachings and practices put it at odds with the dominant culture and religion. (2013:405) Cults are often identified with the ideas of mass murder, deviant behaviors, unusual beliefs, and extremely devoted members. Cults are also highly known for their leaders. The leaders of cults usually are the ones that portray the image for the entire group. Successful cults take a strong-minded and, according to Max Weber, charismatic leader.
Charles R. Lawrence III adresses the matter in his essay “The Debate over Placing Limits on Racist Speech Must Not Ignore the Damage It Does to Its Victims,” by providing the perspective of those on the reciving end. He explains that “racial slurs are particularly undeserving of First Amendment protection because the perpetuator’s intention is not to discover truth or initiate dialoge, but to injure the victim” (628). This argument is justified because some people do take their freedom of speech as far as offending someone because of their race, cultural, and social beliefs. As Cinnamon Stillwell proved in her essay, “Mob Rule on College Campuses,” some students do become bullies when their beliefs are challenged. Stillwell illistrates a situation that occurred at Columbia University when conservative Jim Gilchrist was invited to speak but was unable to because rioting students did not allow him. Stillwell then goes on to say that “Apparently in their minds, niether Gilchrist nor anyone else with whom they disagree has the right to express their viewpoints” (623). This can be applied to both sides because both of them seem to believe that the opposing belief has no right to speak especially when it is controversial. Lawrence mentions that “whenever we decide that racist speech must be tolerated because of the
...nvolving for-profit corporations. Hobby Lobby Inc. is one of the plaintiffs. David Green and his family are the owners and say their Christian beliefs clash with parts of the laws’ mandates for comprehensive coverage. Companies that refuse to provide the coverage could be fined up to $1.3 million daily. The Obama administration has defended the law and federal officials say they have already created rules exempting certain nonprofits and religiously affiliated organizations from the requirements. The cases accepted by the Supreme Court were Sebelius v. Hobby Lobby Stores, Inc., and Conestoga Wood Specialties Corp. v. Sebelius.
... murder a tiger in the grave yard; The Kellers had murdered a man with a chainsaw. All of the children has also admitted that they had been abused by their very own parents. All of these accounts were clearly obscene and did not occur however, The Kellers were tried and imprisoned until 2012 when the Therapist denied that The Kellers actually did any of the things they were arrested for. The Therapist had to have a horrible time living with the fact that he jst ruined two people and their children’s life it’s time like these that the death penalty should be reinstated. After being released The Kellers have separated and are trying to live their lives as best as they can however, they will always remember how they were falsely accused and had to spend 21 years in prison. This has to be the worst case of Satanic Ritual Abuse to ever occur in the history of Satanism.
Considering that the person they sued was a disabled veteran suffering from post-traumatic stress disorder, this was an act in contradiction with their mission of helping wounded veterans with post-traumatic stress recover and rehabilitate (United States, 2012). According to Graham, the lawsuit prevented him from contributing to his own charity organization which is an indication of how much the lawsuit affected his contribution to the society.
On the evening of May 5, 1993, three boys from West Memphis, Arkansas, were last seen riding their bikes together. In the early evening, Chris Byers' stepfather, John Mark Byers, reported that his stepson had not come home and he was becoming worried. The police were also notified of two other boys who had been with Chris and were considered missing, Michael Moore, and Stevie Branch. The police and the parents of the missing children searched the neighborhood unsuccessfully until 3AM the next morning. The bodies of the three eight year old boys were discovered in a wooded area in Robin Hood Hills the next day at 1:30 PM. The boys had been hog-tied and severely beaten. Their naked bodies were located in a shallow creek in an isolated patch of woods behind the Blue Beacon truck wash. However, the question that remains until this day is whether justice was served in this case. Perhaps you are not familiar with the West Memphis Three, otherwise known as the Robin Hood Hill Murders. Most people would not of heard of this case unless they were citizens of the small town; however, HBO produced a documentary, "Paradise Lost," which graphically showed this case in a different light. This Peabody Award winning documentary brought the story of this crime and its aftermath into the national spotlight in 1996. The implication it left was that satanic panic, public hysteria and media sensationalism was responsible for the convictions in the case, not solid evidence. This is a shattering account of what a fundamentalist community in the south can accomplish toward the blatant destruction of American justice.
"The ACLU and Freedom of Religion and Belief." American Civil Liberties. (2013): n. page. Web. 2013.