Preview

Laws310

Good Essays
Open Document
Open Document
363 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Laws310
Week 2 Assignment Laws310

3) The judge has made a judicial error by allowing the Plaintiff 's counsel to comment on the case about Minichiello 's boss being a German with an "attitude of hatred" and made forced analogies to Nazi Germany and the Holocaust. The judge also allowed irrelevant testimony, which asserted that the Club discriminated against Latinos, Jews, and African-Americans, to the issue of discrimination based on sexual orientation. I agree that awarding $20,000,000 was grossly excessive and has no rational basis, and was an error by the judge as well.
7) The police would violate a suspect’s Fourth Amendment rights against unlawful search and seizure by secretly placing a GPS tracking device on the suspect’s car for an extended time without first securing a warrant to do so. They have violated his “reasonable degree of privacy”. Without having a warrant issued will give the ability to have anybody monitored whenever for whatever period of time invading privacy.
8a) Pap’s challenged the City ordinance banning nude dancing and that they had violated their freedom of expression because it was said to cause an “erotic message of nudity”.
The City Council members were against the city 's "lewd and immoral" nude dance clubs. In an effort to promote pureness and principles and to combat nude dancing 's harmful effects in the city, the council members passed an ordinance making it a summary offense to appear nude in public. As a result, the City 's erotic dancers would have to “wear at least a g-strings and pasties when entertaining”.
b) Pap’s A.M. lost the case due to the “ordinance which failed the narrow tailoring requirements of strict scrutiny”. With that being said, they violated Pap’s First Amendment rights which should have prohibited the government from shutting down adult entertainment simply because they disliked it. This case brings the logic and implications surrounding the opinions of those with authority and concludes that the



References: http://www.law.cornell.edu/supct/html/98-1161.ZS.html

You May Also Find These Documents Helpful

  • Better Essays

    psy452

    • 980 Words
    • 8 Pages

    Which of the following does not result in a decision rendered by the hearing officer? Mediation. 2.…

    • 980 Words
    • 8 Pages
    Better Essays
  • Good Essays

    No, the use of the GPS without first obtaining a search warrant do not constitute an unreasonable search in violation of the Fourth Amendment because the Fourth Amendment permits police officers to conduct a warrantless search. The warrantless search allowed the police officers to attached a global positioning system GPS to Bernardo Garcia automobile. For instance, there was enough probable cause because the first person reported to the police that Garcia was using meth. The second person told the police that Garcia was going to manufacture meth. Even more, a store's security video system recorded Garcia buying…

    • 420 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Stat332

    • 651 Words
    • 3 Pages

    1. In the upcoming US presidential election this November, Florida is a key swing state that is very important in determining the outcome. Currently the Democratic candidate Barack Obama and the Republican candidate Mitt Romney are virtually tied in recent polls. For this question, you can use 9 million as our population size; this is approximately the total number votes in the 2008 presidential election in Florida. (a) The latest poll asked 890 likely voters and found that the proportion of Florida residents likely to vote for the Democratic candidate is 47%, construct a 95% confidence interval for this estimate under the SRSWOR.…

    • 651 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Knott Case Summary

    • 2159 Words
    • 9 Pages

    Knotts (1983) provides an apt framework to evaluate this question. In Knotts, a beeper device “had been placed in a container of chloroform” (Jones Slip. 8) much in the same manner as here—asking the distributor to install the device in the container. The device “allow[ed] law enforcement to monitor the location of the container” (Id). Also like Knotts, police here used the installed device to track their target’s movements on public thoroughfares. The Court held in Knotts that “there had been no infringement of Knotts’ reasonable expectation of privacy since the information obtained—the location of the automobile carrying the container on public roads…—had been voluntarily conveyed to the public” (8). So too here; the device only gave police information that Kilgrave knowingly extended to the public. Likewise, Kilgrave would not be able to invoke the Fourth Amendment’s heightened protection of personal effects here, for the police installed the tracking device in the headlight before it was his property. Indeed, “[the Court] specifically declined to consider” the effect of the distributor’s consent “on [Knotts’s] Fourth Amendment analysis” (Jones 8). Hence, under existing law, no trouble arises from tainting an effect before it becomes the target’s property. Consequently, the police’s surreptitious bicycle tracking does not qualify as an unreasonable search under the Fourth…

    • 2159 Words
    • 9 Pages
    Good Essays
  • Better Essays

    The struggle between strip club owners and city officials is not exactly a new development. Year after year, in cities all across the nation, club owners are facing city council members working to issue new zoning regulations. A major US Supreme Court case, which happened in 1991 and was Barnes v. Glen Theatre, Inc., laid the foundation for future cases because of its decision. Ultimately it ruled that the state had the right to regulate the use of expressive conduct, and in Justice Souter’s words, “nudity itself is not inherently expressive conduct.” (Barnes) Souter was merely saying that it wasn’t an issue of being nude, but one of being nude and dancing erotically. This paved the way for more cities to go after club owners and force them to ensure their performers were wearing a proper amount of clothing. Scott Lindsay, co-owner of the Godfather…

    • 2122 Words
    • 9 Pages
    Better Essays
  • Powerful Essays

    Tutorial Questions Week 3

    • 714 Words
    • 3 Pages

    It shall be an offence for a prostitute to loiter or solicit in a street or public place for the purposes of prostitution.…

    • 714 Words
    • 3 Pages
    Powerful Essays
  • Powerful Essays

    week2assignment

    • 1559 Words
    • 16 Pages

    Question 7. 7. Which statement might be used to argue that pornography should be more tightly regulated? (Points : 1)…

    • 1559 Words
    • 16 Pages
    Powerful Essays
  • Good Essays

    Jacoby's Weaknesses

    • 64 Words
    • 1 Page

    Jacoby's strengths include her focus on the First Amendment and the constitutionality of free speech even in the porn industry. Jacoby continues by listing off various measures in which people can avoid the harshness of pornography without protesting it. Jacoby's message is similarly as personal as Brownmiller's work, however, it is cemented and supported by the factual guideline of the Constitution and detailed…

    • 64 Words
    • 1 Page
    Good Essays
  • Good Essays

    Trails Of Oz Case Study

    • 1156 Words
    • 5 Pages

    * Later the detective in charge of the case said that ‘I’m doing it for out children’. The magazine itself died off and the editors went their separate ways. The result of the trial was that it opened up the way to eliminate political censorship but also a world of commercial exploration of sex.…

    • 1156 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Censorship in Writing

    • 872 Words
    • 4 Pages

    Censorship has been a dilemma that has plagued our society for a plethora of years, and which still is heavily debated in our modern times. In the essay from The Atlantic Monthly the writer confronts the issue of public nudity, making his stance and proclaiming his advocacy for free access to the nudity he may desire to lay his eyes upon.…

    • 872 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Argument Pornography

    • 4229 Words
    • 17 Pages

    several reasons for being wary of the censorship of pornography, I will discuss only two…

    • 4229 Words
    • 17 Pages
    Powerful Essays
  • Good Essays

    Ans2) Though writer talks about some feminists who try to censor pornography that appeals to some heterosexual adult male but, in last two paragraphs she discuss about the television and children. Yes, in my opinion second last paragraph about television and children are connected with Jacoby’s overall argument. This is because, she relates the feminist porn opponents. She also believes that pornography is more harmful to women then other forms of hate or offensive speech. She disqualifies the “kiddy porn” argument as kiddy porn being an issue of child abuse, not an issue of free speech. She argues that women’s reactions to the same nude pictures are as varied as the women themselves. A main argument made was that censoring of porn could lead to the censoring of other women’s issues. She is even worried that if these kinds of issues are ignored or considered as a part of first amendment, the serious issues of women, such as; rape and other vital issues of women could be censored.…

    • 762 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Did you know that California is the number one state that produces adult films in the U.S? Statistics has shown that “90% of all porn is shot in the San Fernando Valley”. (Abram Susan,) But why is the Valley of San Fernando the home of pornography? Well, it's all thanks to Hal Freeman an adult film actor in 1983 (One thing that you have to know is that in 1993 porn was illegal). He was sued by the state and sent to the Supreme Court, but the Supreme Court noticed how Hal Freeman wasn’t making the porn just to grab attention from the people, he was trying to make a living out of his own films. Therefore, pornography was first legalized in the San Fernando Valley (Faraci). Proposition 60 is a ballot that wants to protect adult film workers…

    • 1813 Words
    • 8 Pages
    Good Essays
  • Satisfactory Essays

    The Offense Principle claims that individual liberty is justifiably limited to prevent offensive behavior. I believe that the Offense Principle provides the correct liberty limit n principles that the state should invoke. The state should prevent behavior that causes shame, embarrassment and discomfort from pornographic material and cts.<br><br>There are three conditions that are typically understood to be part of the Offense Principle. The first condition states that behavior must be significantly offensive. A person burping in public is not offensive enough to be limited under this condition. But a man urinating as he walks down the street is significantly offensive and should be limited.<br><br>The second condition states that the behavior must be offensive to almost everyone. This is an important condition because I think that if only a few people find something offensive, does not constitute the act to be limited. Many people may believe that someone picking his nose in public is offensive but not almost everyone believes this act to be offensive, therefore, this act could not be limited. A man masturbating in public is offensive to almost everyone, therefore, this act should be limited.<br><br>The final condition states that an offensive act should be limited if you have to go out of your way to avoid the act. An "adult" bookstore containing pornographic material should not be limited because one does not have to go out of their way to avoid the store. They simply just do not enter into the store. But a man and woman having sex on a bench should be limited because one would have to restrain from looking in certain directions to avoid seeing the offensive act.<br><br>I believe that pornography in public should be banned. This includes stores that sell pornographic material. Instead, these magazines and other pornographic materials should be kept separately in a private room, where you must be an adult to enter and purchase materials. Pornographic material that…

    • 921 Words
    • 4 Pages
    Satisfactory Essays
  • Powerful Essays

    Crimes

    • 2901 Words
    • 8 Pages

    This thought-provoking term stands as the reason behind my choice of this topic. So far, among other things, Law School has taught me the importance of perceptual lenses through which people view events and issues. If you look at the world through feminist lenses, it will look one way. Through economist lenses, another. Though all perceptions, in my perception, hold a portion of truth and reasonability, I still see myself wearing feminist glasses today.…

    • 2901 Words
    • 8 Pages
    Powerful Essays