Another key term that relates to freedom of speech is slander. Slander is the action of making a false spoken statement to damage one’s reputation. In the case, hospital officials make false accusations against Churchill to make their story appear accurate. They wanted everyone to believe Churchill’s story solely involved personal…
Honestly, in this sort of situation, the only thing to do is talk to the plaintiff and explain the reason for the posting. A reasonable reason for posting would be to spread awareness and advocacy. Removing any signs of the name and situation could help. Also, apologizing could help. — Even if you are in the clear legally, have you considered the ethical issues such as minimizing harm and having compassion for those who may be affected adversely by the media.…
I thoroughly enjoyed reading the article, "Franchise Hostages: Fast Food, God, and Politics" by Robert W. Emerson and Jason R. Parnell. Prior to reading this article, I never thought about the possible negative effects that the freedom of speech has on a company. It made me realize that leaders of companies have to be cautious when speaking about politics. This highlights the fine line of free speech and politics. The examples given in this article show that when leaders of companies speak publicly about politics, there are likely negative consequences.…
Seamons v. Snow 206 F.3d 1021 (2000) Facts Brian Seamons, plaintiff, a student-athlete and member of the Sky View High School football team in Smithfield, Utah, was dismissed from the team as he refused to apologize to the team for reporting to the police and school administration of being assaulted by four teammates in the locker room. Seamons, claimed his First Amendment of free speech was violated because of his refusal to apologize to his teammates. Disciplinary action to the four attackers was not initiated by the coach even after a meeting was held with the coach, parents and the principle of the school as well as a separate meeting with the coach and the four team captains of the football team. Issues Under the First Amendment…
I do not think that Estes should be held responsible for the attacks against the gay men in Madison, Wisconsin unless it is proven that there is a direct connection between the act of the attackers and Estes’ sign. By this I mean actual proof that the attackers acted out against the gay men because of this particular sign. After carefully reading this case a countless number of times, I drew up my own questions about the case because there are pieces of information missing from the case that are critical when trying to charge somebody with a crime. First question: how are we to know that the attackers actually saw Estes’ sign or that the attackers did not just act out on their own deeply-held beliefs? Also, it does not say that the attack was…
On December 17, 2013, Phil Robertson who is well known for the A&E show Duck Dynasty stated his view on homosexuality in an interview for GQ magazine. His anti-gay rant brought about much controversy. According to an article written by Drew Magary for GQ, Robertson said, "It seems like, to me, a vagina—as a man—would be more desirable than a man's anus. That's just me. I'm just thinking: There's more there!…
In the Santa Rosa Junior College, the Daily Illini newspaper, and in the Harvard English Department case the same thing happened, they were criticized and called out for there comments. Even though, they tried getting away by saying that the First Amendment defends…
Question 1: Identify and describe the specific issues Maalick encountered in the workplace. Do the actions of other workers at Trenton represent discrimination and harassment? What elements of law are important for Trenton to consider? Religious Discrimination & Harassment: Harassment and discrimination was evident in this case based on Maalick’s religion. Trenton has strong culture that provide avenues for employees to know what will and will not be accepted in relation to their behavior, workplace discrimination, and harassment.…
In this Supreme Court Abel Fields is found not guilty. In 2011, 39 year old Fields was convicted in California for falsely speaking of serving in the military for eight years and receiving a Purple Heart. He was in violation of the Stolen Valor act. The Stolen Valor act protects the veterans who receive a Purple Heart after being wounded in war. In his previous ruling he was found guilty.…
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…
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.…
II. Mullen’s Speech Was Inherently Likely To Provoke Violent Reaction The fundamental right of free speech on matters of public interest does not come at the expense of leaving individuals exposed to fighting words. Fighting words must: (1) have an addressee; (2) be personally abusive language, inherently likely to provoke a violent reaction when addressed to ordinary individuals; and (3) be likely to incite a violent reaction in the addressee, given the context.” Nickolas S., 245 P.3d at 446.…
If the case were to go to court I believe that the school district would win. Philip is a student who goes to Harrison High School. Philip was a suspended for singing the Star Spangled Banner. The school would win because Philip was causing a disturbance in the class and he was being disrespectful to Ms. Narwin.…
The amendments in the constitution are what make the constitution, the constitution, and for the matter what make America, America. Without these amendments our government would be in shambles and the public would always be gasping for air, on the verge of collapsing. The first amendment in particular, fittingly, is what really brings the whole constitution together and is without a doubt the most important and useful amendment to the public. The first amendment is known as the right to practice any religion, speak freely in public, and assemble peacefully. The first amendment has made it possible for prominent figures like Martin Luther King Jr. to stand up and speak out in what they believe in and make positive changes in the world that makes it so that everyone can thrive equally today.…
Watt, 643 F.2d 618, 624 (ninth Cir. 1981). The Court states that affidavits are not necessary for claims of defamation nor is it needed be in writing to make claims of defamation. 3. Regardless of whether a published declaration of speech is sensibly defenseless of an understanding that infers provable statements of actuality is an issue of law for the court to answer. The question whether any kind of speech has a defamatory significance or is of irrelevant conclusion (which is not noteworthy), where the court found, "the court looks to whether the sensible individual would translate the statement, taken as is, to infer a bogus testimony of truth.…