Case Study: United States Vs. Abel Fields

Improved Essays
United States v.s. Fields
Abel Fields was a resident in California who attended a city meeting in his community. He stated that he deserved the right to speak because of his Military background. He went on to say that he received a purple heart during this time. He was then prosecuted and convicted under the Stolen Valor Act. He was then found guilty and had to pay $1,000 fine. He then proceeded to the Ninth Circuit Court of the Appeals. He expressed that his freedom of speech had been violated and the Act was unconstitutional. They ruled in his favor, but the government appealed his decision. The case was then taken to the Supreme Court.
Personally, I believe that Abel Fields constitutional right was not violated. For instance, he was making

Related Documents

  • Decent Essays

    Lester Gerard Packingham was sentenced behaving in a questionable manner with a minor in the year 2002. He was a lesser in school in the territory of North Carolina where the time of assent is 16 years. At the time he was condemned to a year in jail with two years of administered discharge. In the year 2010 Packingham was captured again when specialists found a post on his Facebook profile where he made a post with respect to his positive involvement with a municipal court. He was captured on the grounds of disregarding North Carolina's law that bans sex guilty parties from getting to online networking and alike sites.…

    • 384 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Achman Case Study

    • 748 Words
    • 3 Pages

    I, Supreme Court Justice, Floyd McLeod, find in favor of Mohammed Achman. This case has proved to me that Mr. Achman 's rights as an U.S. citizen were violated multiple times. To go more in depth; on September 27, 2001, approximately two weeks after the terrorist attack of the World Trade Center, America, especially New York ,were on edge in finding any little details to get to the bottom of the attack and any future attacks. Unfortunately, the Achman 's felt the wrath and discrimination from American civilians. It all started with people breaking one of his windows to his store and destroying his mosque in queens.…

    • 748 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The ruling, which occurred during the Vietnam War, granted the students the right to express their political opinions as long as they did not disrupt the classroom. Their First and Fourteenth Amendment rights could not be restricted based on a “general fear of disruption,” which is what the administration argued. According to Justice Fortas, who wrote the majority opinion, the protest was a “silent, passive expression of opinion.” Though a few hostile comments had been made to the students who were wearing armbands, there had been no threats or acts of violence. Also, there had not been any findings that the armbands would substantially interfere with school operations or more importantly, harm the rights of other students.…

    • 772 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Similarly, we have to question whether or not Ezekiel’s Sixth Amendment rights have been violated or not. Initially, we shall discuss his right to a speedy trial. Every american citizen, as stated in the Sixth Amendment has “...the right to a speedy and public trial…” meaning that they cannot be held for an extended period of time. Unfortunately, Ezekiel has been held for three years without receiving any legal advice or attention. In Klopfer V. North Carolina the court ruled that due to the indefinite suspension of his trial, that Mr. Klopfers Sixth Amendment rights had been violated.…

    • 291 Words
    • 2 Pages
    Decent Essays
  • Great Essays

    Ex-49ers quarterback, Colin Kaepernick, hangs up his jersey and enters the courtroom. He suspects collusion amongst the NFL. It has been more than a year since he first started his protest against racial discrimination by kneeling during the National Anthem. This single action led to a revolution, but it also led to the end of Kaepernick’s career. After being released from the 49ers, Kaepernick was unable to find another position within the NFL.…

    • 1196 Words
    • 5 Pages
    Great Essays
  • Decent Essays

    Dr. King believed his disobedience of the so-called "Jim Crow" law in Alabama was conscionable because he believed these laws were using men as means to an end rather than an end in themselves. In "Ethical Demands for Integration" King quoted Kant on his formulation of the Categorical Imperative "all men must be treated as ends and never as mere means. " King believed that treating men as means reduced them down to objects rather than human beings. King said "But man is not a thing. He must be dealt with, not as an animated tool, but as a person sacred in himself.…

    • 199 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    According to Cornell University Law School’s website - he asked for the move citing the fifth, sixth and eighth amendments. The request was denied and subsequently made again. He then filed a mandamus petition in order to stay jury selection but the Court of Appeals denied that motion and the trial’s venue would not be changed nor would jury selection be postponed (Musto, 2014). According to Cornell contributors, there were four motions to change venue after studies were done as well as two writ of mandamus with all being denied (Musto,…

    • 1125 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    Homer Plessy Guilt

    • 522 Words
    • 3 Pages

    Although some may argue that Homer plessy was a man of guilt for standing up for what he believed in, homer plessy gave a committed input. In this essay you will read of how one man standing up can change it for everyone else who is affected. There were two different sides of the story at the time and even if he wasn’t defended, Homer plessy stood up for everyone who was being stepped on. He tried for better for those who were separated from those who were treated better. He made everyone hear his spoken claim.…

    • 522 Words
    • 3 Pages
    Decent Essays
  • Superior Essays

    It is a common misconception that humans as a whole have certain rights simply because they are born with them. Many believe they are free to exercise these rights unhindered because it is their right to do so. It is important to recognize this fallacy, because living under the assumption that we have rights just for being born is how they slowly get taken away. The truth is, that the current rights of United States citizens exist because they were fought for, and they must continue to be fought for or they will be taken. We study history so we don’t forget that.…

    • 1173 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    Dempsey. This case challenged the lack of due process, guaranteed by the 14th amendment, when it came to black defendants. This case was the result of the Elain Race Riot in Phillips County Arkansas. This riot began after a white railroad security guard was gunned down by an unknown shooter after a fire fight outside of a church where a black farmer’s union was holding a meeting. Charles Hillman Brough, the governor of the city ordered a group of federal troops to arrest black people in the county.…

    • 1097 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Stolen Valor Case Study

    • 467 Words
    • 2 Pages

    This Texas law was deemed unconstitutional. The ruling said this was not unconstitutional because others might disagree with it or it might be…

    • 467 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Abel Fields Free Speech

    • 570 Words
    • 3 Pages

    Today I’m here to express my views on the U.S. vs. Fields a very distinct and intriguing case that involves the topic of free speech. First we have the defendant Abel Fields who was convicted under the Stolen Valor Act, after Mr. Fields portrayed himself claiming that he had “military experience” claiming he had a Purple Heart, also the Medal of Honor, Navy Cross, and even the Air force cross. This made him believe that it gave him the right to speak with authority on the issues but these claims were false. Abel Fields appealed his decision to the court, stating that he viewed the Stolen Valor Act as unconstitutional and believes that his right to the first amendment was being violated. Field’s prosecutors argue that even though Mr. Fields…

    • 570 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Abel Field Case Analysis

    • 557 Words
    • 3 Pages

    v. Sullivan. The newspaper published a page accusing the police of Alabama for arresting Mather Luther king Jr for political reasons and not for breaking the law. The ad was not true, Sullivan sued and won. Most of the time when someone lies you have to prove how this lie caused harm. In this case Sullivan did not have to prove that anyone was hurt.…

    • 557 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Powell V. Alabama Case

    • 808 Words
    • 4 Pages

    The Fourth, Fifth, Sixth, and Eighth Amendments were established to protect the rights of the suspected, the accused, criminal defendants and that of convicted criminals. There have been several instances of the course time where these protections of rights haven’t been upheld. An example of when these protections of rights have been neglected is the Powell v. Alabama in 1932. There are several things that made this particular case so different from that of other cases. The time period, the series of events in the case, and the doctrines that were established during this time period are just a few to mention.…

    • 808 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Evan Miller has had a rough upbringing. He has had emotional abandonment from his alcoholic and drug abused mother, his abusive father and forced to be placed in multiple foster cares throughout his childhood. Miller is a prime example of an abandoned, troubled minor, whose true destiny has been destroyed due to these circumstances. The problems he has faced steered him to being depressed and unsatisfied, using drugs, alcohol and four suicide attempts to trying and fulfill the emptiness he has been feeling his entire life.…

    • 1439 Words
    • 6 Pages
    Great Essays