Criminal case search and some key definitions. Law (Other (Not Listed) Sample)
Answer the following questions in two short paragraphs for PART ONE and PART TWO
1. Define what is the “clear and present danger” legal test used to allow the government to restrict speech? Now search Google Scholar https://scholar(dot)google(dot)com/ and:
A)- Find a case dealing with a person who was charged with a crime (ie. they communicated something that lead to the charge) and the appeals judges applied the "clear and present" danger test to the charge.
B)- Link that case by providing the HYPERLINK in your answer so that the instructor can quickly review it. (Hint: make sure it deals with someone exercising their free speech rights and then is arrested AND the court applies the 'clear and present danger' legal test to the conduct to determine if this arrest was constitutional)
C)- Explain specifically what conduct the criminal defendant did that caused his arrest or citation
D)- Explain what the court's ultimate holding was in the case you found.
You MUST use Google Scholar as this exercise is meant to test your legal research abilities using that legal resource. Your case MUST address a person being charged with a crime and that person is claiming exercise of the 1st amendment rights of free speech as a defense to the crime and the court uses the "clear and present danger" legal test.
2. LIST AND EXPLAIN THE GUIDELINES established by the U.S. Supreme Court in the 1973 case of Miller v. California for courts to define obscenity.
Now explain if the following are considered obscene under this definition and thus can lead to criminal charges (ie. can a person be convicted of a crime based on the below conduct):.
A)- Creating and selling violent video game with graphic violence and vulgar words to be sold on XBox and Play Station
B)- Painting a picture of the Virgin Mary out of elephant dung and displaying it at a museum for all those who pay to enter the museum to see
C)- Burning the American Flag inside a "free speech" zone set up by authorities for protesters to protest the visit of a US President at a local college campus where the fire is controlled and would not physically harm anyone.
D)- Giving the middle "finger" to a police officer as hey pass by on the street without the person saying anything further.
I again choose you as you already know you are my favorite writer. Please provide me with a great work as you always strive your best ability. This assignment will be due very soon... please, try to start working on it as soon as possible..
Also, make sure you answer all of the questions as I clearly state them...
and also provide the HYPERLINK FOR THE CASE WHICH IS VERY IMPORTANT FOR THE PROFESSOR..
remember to use GOOGLE Scholar AND CHECK THE CASE BOX.
I AM HERE IN CASE YOU NEED MORE INFORMATION
Criminal Case Search and Key Definitions
Criminal Case Search and Key Definitions
The First Amendment of the United States of America (USA) safeguards the freedom of press, speech, and religion. In particular, it was established in 1971, together with nine other amendments that constitute the country’s Bill of Rights. The freedom of speech allows all Americans to enjoy their rights of expression without government interference. However, the court does not allow obscene material to circulate, which involves utterances that might result in conflicts, threats, or incitement. The press is also allowed to express itself through publications, which do not incite or harm others. As such, the “clear and present danger” test limits the freedom of press or speech, as stated in the First Amendment.
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