POSC 311NOTES APRIL 11-APRIL 15, 2016
POSC 311NOTES APRIL 11-APRIL 15, 2016 POSC 311
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This 8 page Bundle was uploaded by Audra Oul on Wednesday April 13, 2016. The Bundle belongs to POSC 311 at 1 MDSS-SGSLM-Langley AFB Advanced Education in General Dentistry 12 Months taught by James Fox in Spring 2016. Since its upload, it has received 13 views. For similar materials see Constitutional Law Power in Political Science at 1 MDSS-SGSLM-Langley AFB Advanced Education in General Dentistry 12 Months.
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Date Created: 04/13/16
Monday, April 11, 2016 Ebbs and flow of the social media Where did we get these filters? Filters about not to say certain things Should we be honest? Twilight: can hear people’s thoughts Should we be allowed to express ourselves? The manager has the right to express and the right to fire Protects from the government Express ourselves: speech, actions, gestures, written language, not speaking, how we dress Wear hat and Nike shirt is athletes Shirts says 100 or South Dakota USD is the University of South Dakota Facial cues Voting I am Democratic of Republicans Bill or Invoice states it is 38 dollars and tips Tips: how well the server treated you Just because can does not mean that you should? Constructive: should pull away from the table once in a while How we know is we get corrected Mississippican say think gay and say get out Partial shaving just look gay so get out That is a law in the Mississippi Gender is what you are born with Raspberry voice think is transgender so get out Based on religious beliefs Breathing is important Moral convictions against the Mulatto race Have to wear a star on chest so can identify them Maybe all gay couples should have purple star to identify these people How to express Figure out the limits are The Supreme Court rules on them Girls are not that tall. Daughter is 6 feet and 4 inches tall Things called Civil Rights Act: outlawed discrimination based on race and ethnicity Civil Rights Act of 1964: forbids racial discrimination Ended segregation Marriage has become a fundamental right Violation of protection to not allow gays to be married Full faith and Credit clause the judicial decisions in one state should honored in every other state Prevent people from moving freely Civil Rights Act designed to prevent discrimination on race, ethnicity, and fundamental right Marriage is a fundamental right De Facto “in fact” to be in reality Religious conviction against gay marriage Sex before marriage because of procreation stuff procreation is to have offspring Every black person says gay and have to go Freedom of expression: if there is a fire Fire in theatre can be hold accountable? Change from lawyer to doctor Women is hanging half out of the car Leaves the women to die that was in the car accident The doctor does not work for the public Code of Ethics Come across somebody who was hurt. Have obligation to serve that person? Moral obligation? Do have to save her? Legal answer is no If stop helping her and excludes people from hurting her, that is a legal matter Do not feed someone. They will die. Being gay is an expression of oneself Why is this religious freedom triumphs to someone being gay? Constitutional issue: religious freedom and individual expressing themselves How do we resolve it? Obligation: contractual obligation Do something to protect children Try to save them would sacrifice own life Can do CPR. Cannot physically doing any more or until paramedics come Create emergency and try to remedy He snapped the girl’s neck and prison for life without possibility for parole was the verdict He had legal duty to do something Witness rape do not have legal duty to do something Relationship: that is spouse, someone in charge in caring for Not a legal relationship Boyfriend or girlfriend there is no legal duty Doctor in the plane do not have legal duty to help even if called to help when in plane Another was rear ended by a plane Die when rear ended by a plane Significant other is spouse Would you get offended if not looking well in dress? How can take half of waffle and look like that? Have a guy come up and say you are attractive? Who would go out with that guy? Why say one and not the other? Whole thing is predicated on what is seen to suggest what is on the menu? It depends on the time and place and manner Time, place, and manner for everything Trumps says get them out *POLITICAL SPEECH IS THE MOST PROTECTIVE SPEECH EVER HAD Defaming: publishing false statements against another person would results in harm Publishing could be written Libel: written false statements Princess Diana is not dead. British royalty How can they publish those things? True or making things up Freedom of press does not mean can publish anything want and not true? New York Times v. Sullivan When publish about public figure or a matter of importance? Extra layer have to prove malice—evil intent L.B. Sullivan sued the New York Times for libel because offended from their ad. He published an article Larry Flynt lost his virginity Jerry Falwell was upset and sued and won Jerry Falwell had a libel suit about the Hustler picture He was a political figure Larry Flynt appealed Everybody around him knows that is not true First Amendment meant to protect freedom of expression It supposed to cover public Wanted to overturn Roe vs. Wade Only things for sex is procreation; for a child Freedom of speech be able to express our ideas Going to follow what we say Say in political speech almost could get away with anything Appropriate to make fun of him Larry Flynt paved the way good faith that is true but it is not true He can get the lawsuit It was ridiculing him Truth is a the absolute defense If what is saying is true, there is an absolute defense Truth by private records Stated cannot get up at night Cause of action? How do go to hospital privately? What is the cause of action? Invasion of privacy HIPAA (Health Insurance Portability and Accountability Act) Handles problems with preexisting conditions Someone not authorized to look at is an offense Someone read private information Call 911 is public Do not talk about patients out of the unit Lingering, he was dying of AIDS A person said going to pray for God to take him His sister was there, Oscar’s sister The mother was livid Livid is to be really upset Late 80s If accident of staff, it is violation of HIPAA Cannot just help it Heart attack Something out of the control Should not have medical records Privacy screen on everything Banks has that as well No privacy on defamation But there could be cause of action Buckley v. Valeo We are supporting ideas Contribution could do that Do have right to contribute? Can speak on behalf of corporation? Can give 1 million to Hilary Clinton because Donald Trump do not accept To be able to spend on campaign because it is protected speech Gave 100 million to campaign Started with Kasich and Mitt Romney John Kasich running for governor in Ohio Why would give 100 million dollar to candidates It was like energy, gets transferred, have jobs even if Mitt Romney did not win Why support that? Why 100 million dollars? Is that same kind of speech want to protect? Hate speech are not protected What is considered hate speech? To see if incite to encourage as violence To say white power but is it hate speech to incite violence? Dealing with race, gender, and religion Degradation and sinner Department of Equity Had an email when racist comments were made Do not know how to disclose it if talking about race Raised in predominately black neighborhood, “ya mama” fighting words Negro please Same stimulus different reactions It is about thought process Change how think about it and not buttons push It could be hate speech even if someone is asleep It is about the intent Takes so much because have to show the intent Not just have this idea Hate speech is fighting words Deals with ethnicity and religion Prosecuted for it when cross the line Done so negligence Gross negligence have to have violence that happens Otherwise have to be intention Race and religion, and sexual orientation has been creeped in Telling to do things bound to incite violence Not protected Hate speech, fighting words Obscenity: cussing, shocking immoral, offensive words Exploit it or not make full use of it was exploit Obscene because just 18? If agree to it, is it obscene? It is content or the age? What is mentally challenged? Child pornography is obscene People get in trouble for child dangers Miller vs. California obscene being sent in mail Is that okay? 3 prongs 1. Sexual depictions act 2. Appeal to the puritan (Horney) interest violates community standards Puritan encouraged sex in the bed when discouraged marriage outside of marriage 3. Lacks serious artistic, scientific, or literary value Miller Test to figure out what is obscene? I do not know what it is but I know what is when I see it Radio is regulated It is public radio waves Could not say something that violates FCC Federal Communications Commission rules Supreme Court could get rid of television ABC over the airwaves. Very few people see it. Loosen for cable TV No more restriction on ABC and NBC Figure it out for can turn it off or not Now listen to it hear shit or damn Invent of ABC family changed to Freeform Some many restrictions Do not want to see it turn it off First episodes had a disclaimer. This show is provocative I cannot believe you would do this Commercial about giving blood from African Americans Guns are important in the community to stop the hijackers Passengers in the planes. All the passengers have guns Networks filmed 3 pilots. None of the pilots want to publish it Dealt with racism Seen in the You Tube All in the family episodes of Archie and Edith Edith Bunker is wife of Archie Bunker who is World War II veteran Ratings Required from industry to give parents a warning Campaign financing Laws prohibits anal courses and only between homosexuals and overturned that Lawrence v. Texas Do with privacy in own home John Lawrence apartment John Lawrence and Tyron Garner engaged in sexual conduct Texas v. Johnson Texas outlawed desecration of a flag Gregory Lee Johnson set an American flag on fire Cohen v. California Paul Cohen opposes Vietnam War Wore a jacket saying “Fuck the Draft. Stop the War” He said fuck the draft. It was a political speech Fighting words, obscenity, hate speech, and incite unlawful behavior are not protected Bad tendency test To put limitation to freedom of speech in order to not incite violence Based on case by case basis Can protest but had free speech zone Watch an episode next week Archie Bunker
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