Abstract John Milton, in his 17th century essay "Areopagitica", is widely regarded as having written one of history's "noblest vindication of intellectual liberty ever penned" (Morison, 93) with respect to the issue of freedom of speech over printed text. Similarly, the 21st century ACLU online article "Fahrenheit 451.2: Is Cyberspace Burning?" also appears to present an argument in favour of freedom of speech. The primary difference between Milton's argument and that of the ACLU appears to be simply one of different mediums for information access. This paper will argue, however, that Milton's argument differs significantly from that of the ACLU in that Milton never actually advocates freedom of the press. Rather, as will be seen, Milton argues in favour of denying the state the possibility of placing "previous restraint" upon the publication of information. Within this context, Milton supported the possibility of the state banning books or prosecuting writers after publication. The key difference between Milton's view and that of the ACLU is that the latter group advocates a much more sweeping approach to the idea of freedom of speech from all prosecution. However, with respect to the issue of "blocking" access to sites, it is clear that both the ACLU and Milton would be in agreement. As will be argued, the insertion of "blocking" technology clearly places "previous restraint" upon information.
Abstract In this article, the writer notes that the American Civil Liberties Union (ACLU) is one of the oldest civil rights organizations in the nation. The writer maintains that by the very virtue of its long held traditions it might be tempting for its general communications to eliminate basic information about its goals and objectives, yet, within its web presence is a demonstrative mission, that explains its goals and objectives. The writer points out that the ACLU wishes to uphold the constitutional Bill of Rights and extend these rights to historically disenfranchised peoples. The writer discusses that its goals are clearly set by outlining the basic rights of the constitution and its objectives are to go about doing this in a manner that reflects these rights upon every individual American, as well as all people that America comes into contact with.
From the Paper "The objectives of the ACLU are then applied to specific issues, according to the perceived needs of the issue itself and what the historical best practices are for achieving successful change for any given issue. The application of objectives can be very broad to very specific based on historical best practices according to the ACLU and other civil rights movements. If for instance a goal is to reduce the infringement of the constitutional rights of a single individual, who was transgressed against, the legal means might be used as a logical objective, while other goals, such as decreasing the utilization of the US sponsorship of torture and or rights infringement in the rest of the world, the call is to inform the public of the problem and then allow members and individuals in the organization to write congressmen and utilize the press to broaden concern for the problem. Though all of the tertiary objectives may be used in every case the focus is on what has worked best in any given similar case in the past."
Abstract This paper explains that American common law, which formed the basis for later legislatures, set the "age of sexual consent" at ten; but, today, the laws are different in different states: California, Oregon, Arizona, and Wisconsin set age 18 as the minimum age for consensual sex (for girls); most other states set age 16 or 17. The author points out that, recently, the American Civil Liberties Union (ACLU) has filed a case in a Kansas appeals court demanding the reduction of the age of consent back to 13, as was originally defined in the "Common Law". The paper stresses that 'age of consent law' has an important restrictive role in our present day society and serves to protect young children from undue exploitation.
Table of Contents
Introduction
A Brief History
The Present Law
Controversial Reactions
Conclusion
From the Paper "Topics of such controversial nature carry arguments from both groups. One the one hand are the parents, social reformers and religious leaders who are concerned about the declining moral values and the health disorders that will result from premature sexual indulgence. This group of people is trying to raise the limit of the age of consent and hope that a legal barrier would prevent what they perceive a moral disaster and protect young and innocent children from exploitation. On the other hand are those (ACLU) who revolt against the law as an intrusion into children's personal rights. These groups consider the restrictive laws as ?a cogent and passionate critique of the war against young people's sexuality.? "
Abstract An exploration of child pornography and the Internet. This paper is written from a point of view that supports the April 2002 ruling of the United States Supreme Court. Definitional issues, police entrapment, civil rights and consensual acts of people depicting minors are discussed. Although this paper does not contain any extremely vulgar or obscene material it has the potential of being offensive because of the touchy subject matter.
From the Paper "Other ideas with the rejection of the child pornography definition is the concept of consensual acts and the idea of digital imaging enhancement to make picture appear as if they are depicting minors. Digitally enhanced child pornography will be addressed later in this paper, but I would like to address my opinions on consensual acts. When most people imagine child pornography they envision a child being raped. I agree with the child pornography stereotype; when I began this research I also envisioned child pornography as a world filled with brutal heinous rapes" Not all cases of child pornography portrayed on the Internet involve child rape scenes. The pornography at hand "might have been a picture of a seventeen year old in an unrevealing gym suit" but due to social reactions to the word child pornography is visualized as "an infant being sodomized by a brawny adult" (Chatelle 1996). Child pornography can encompass such things as teens engaging in consensual sexual acts, statutory rape as well as children wearing beach or gym clothes. In a case such as that no one is harmed in the production of the material except the norm views and expectations placed on society? In 1996 Congress "passed the Child Pornography Prevention Act" which is aimed at the goal of preventing "the production and distribution of computer generated sexual images of children" (Hatcher et al 1999: 418). Originally this legislation was passed to ensure that even "the production, distribution, and reception of images" that were altered to resemble images of minors engaging is sexual encounters were criminalized (Hatcher et al 1999: 418). However on April 16th 2002, the Supreme Court "struck down provisions of a federal law that made it a crime to create or distribute virtual child pornography that used computer images or young adults rather than actual children" (Greenhouse 2002)?.because of media depiction and definitions of child pornography the virtual dilemma will continue as a moral crusade."
Abstract This paper details racial profiling and civil rights. The writer uses New Jersey as an example of a state which has confessed to using racial profiling its African Americans and pulling them over on the highway based on color and not on motive or suspicion. The paper explores the many facets of the problem and a proposed solution.
From the Paper "Treating someone differently because they LOOK different than the mandated acceptable look is exactly what the Jews went through during the Nazi regime. Americans pride themselves on not allowing such mindsets to enter the nation , yet the blatant racial profiling so openly violates the civil rights of minorities that is should be an easy answer. Unfortunately its not easy to answer because the denial is still there. As America moves toward the future it takes with it lessons of the past and the racial profiling issue smacks so closely to the Nazi practices that it should not take long to be recognized and stopped."
From the Paper "The Scopes Trial remains a central example of the battle between science and fundamentalist religion, or religion which is based on received truth and which denies the validity of much scientific inquiry. In many ways, America in the 1920s was divided into two nations, one urban and one rural, and therefore the battle in the Scopes case has been presented at least in part a battle between urban modernism and rural backwardness. The nation was also beset at the time with a nostalgia for a simpler past, a result of relief at the end of World War I, and many in rural areas sought to reassert the old verities.
H.L. Mencken certainly presented the issues in this light, depicting the urban nation as more accepting of scientific truth and so more willing to adapt to reality, while the rural region was clinging to old truths and refusing to accept new knowledge. In ..."
Abstract This paper looks at three famous legal cases in the United States which resulted in landmark decisions regarding the boundaries to freedom of expression. In each case, the paper discusses the events leading up to the case, the arguments presented on both sides, and the final Supreme Court ruling.
From the Paper "Freedom of expression plays an important role in the doctrines of human liberty. However not every country grants this right to its citizens. There are many countries in the world where freedom of expression is still a contentious issue and which have been categorized by Freedom House as not being entirely free. The United States of America is one country where the constitution gives every American the freedom of speech and expression. However there have been cases where American citizens have misused this law to their own advantage. Freedom of expression and speech is a right to use and not to abuse."
Abstract This paper explores the impact on American civil liberties of new anti-terrorism laws put into effect by the Bush Administration. The paper focuses on the "Patriot Act" and the "Homeland Security Act". The paper argues that these laws seriously undermine the very freedoms that the U.S. Constitution was designed to protect. Arguments made by the ACLU that support this position are also cited.
From the Paper "The Bush administration has characterized the U.S.. Patriot Act as ?perhaps its most essential tool in fighting terrorists.? (Lichtblau, 2003). However, they have also used the provisions of this law in criminal investigations that have absolutely nothing whatsoever to do with terrorist security, including ?investigat[ing] suspected drug traffickers, white-collar criminals, blackmailers, child pornographers, money launderers, spies and even corrupt foreign leaders.? (Lichtblau, 2003) The Justice Department has defended these actions as simply making use of all the tools Congress has authorized them to use, and that they make no distinction between suspected terrorist activity and other suspected criminal activity."
Abstract Social movements are collective actions in which the populace is alerted, educated, and mobilized over years and decades to challenge the power holders and the whole society to redress social problems or grievances and restore critical social values. This paper shows that social movements are seeking change in a variety of policy areas, such as the peace movement, nuclear policy, and environmental policy. The paper shows that to fully understand social movements it is important to examine not one their emergence and development of protest, but more importantly, the policy outcomes. There is an interesting dynamic between social dissent and protest and the effects upon policy in the modern American political system. The paper notes that dissatisfaction or disillusion with partisan politics or the American political system altogether creates the atmosphere and the proper social conditions for social movements to occur.
From the Paper "The civil rights movement utilized the ideas of peaceful public protest combined with the new use of television and a variety of other mass media to influence the public opinion. Burstein (1985) has proposed a theory that stresses the crucial role played by social movements and media coverage as external factors that shape the general public's preferences. His study shows that the Civil rights movement and media coverage affected the people's awareness of the issue and this, in turn, led the Congress to act in favor of African American rights. By this we can see that social movements have and impact on public policy but not a direct one. Rather the impact is therefore mediated by the public opinion."
Abstract In 1993, New Jersey became the first state to introduce the so-called Family Cap in state welfare policy, under which the state no longer awards cash assistance payments to women who have more children while on welfare. Since 1993, twenty-two other states have enacted similar laws. In January of 2003, the American Civil Liberties Union (ACLU) acted on behalf of New Jersey welfare recipients by taking the Family Cap provision to the State Supreme Court, arguing that it violated the Constitution of New Jersey. However, the Supreme Court of New Jersey upheld the original Family Cap decision, claiming it did not violate any existing constitutional laws in the state. This paper argues that the Family Cap, designed to penalize unwise family planning, results in unethical and discriminatory practices. The paper proposes a repeal of the Family Cap and a reformation of the New Jersey welfare policies.
From the Paper "Although some studies suggest that birth rates have declined due to the Family Cap, a closer examination of the research shows that birth rates declined universally before the Cap was instated (Donovan; Levin-Epstein). In fact, the Rutgers studies outlined by Levin-Epstein do not exhibit any clear positive results stemming from the instatement of the Family Cap. Furthermore, those in favor of the Cap imagine that it will help welfare recipients become more financially independent by decreasing their reliance on government assistance. However, the Cap only hurts children born to poor mothers and is therefore unethical and discriminatory."
This paper argues that the security measures put in place after September 11, 2001, under the umbrella of the "war on terrorism" endanger the American principles of equality and freedom.
Abstract This paper discusses that, because of the Patriot Act, the American way of life is threatened, not only by terrorists, but also by the very leaders within the country's borders who are supposed to ensure that this way of life is secure. The author reports that immigrants are targeted more aggressively than local citizens, and citizens are encouraged to spy on their neighbors and report any inconsistencies of behavior or circumstances. The author believes that Americans should be willing to give up as few of their liberties and freedoms as possible in the name of safety and security.
Table of Contents
The Patriot Act
Ensuring Security: Its Effect on Foreigners
Ensuring Security: The Press
Ensuring Security: The Role of the Citizen
Conclusion
From the Paper "Some of the measures appear rather hysterical and could recall somewhat uncomfortably the Spanish Inquisition and the Salem Witch Trials, both of which involved supplying the authorities with names of supposed transgressors. While it is laudable that Government has taken immediate and extreme measures to ensure public safety, many feel that the Patriot Act defeats its own purpose. Instead of eradicating fear, the Act instigates more fear not only of terrorism from across the ocean, but of neighbors and leaders who are supposed to be a refuge in times of difficulty."
Abstract On October 24, 2001, just six weeks after the September 11th attacks and under the guise of national security, a prosecutor's wish list, not limited to terrorists, was born. This paper argues that, while the Patriot Act contains many appropriate provisions, it is specifically oppressive in reference to some of its expansive powers, which infringe on citizens? civil liberties. It further argues that the United States, the original model of democracy around the world, should be able to protect and defend itself without sacrificing the constitutional rights granted to its citizens.
From the Paper "Furthermore, the aforementioned searches are not subject to the sunset clause attached to some of the Patriot Act's extended powers. What is particularly ominous about these searches is underlined by Tracey Maclin, a leading expert on the Fourth Amendment. Professor Maclin warns that these break-ins are not tied only to cases in which national security or threats from foreign agents appear to be the focus of investigations. It can apply to any criminal investigation (as cited in Hentoff, War 40). Therefore, with the sneak and peak warrants, the government can break into any citizens home, search and confiscate anything deemed necessary, and avoid notifying the person for an indefinite amount of time."
Abstract The paper argues that schools, by their very nature, must encourage free inquiry and free expression of ideas. Oral expression is needed as a learning mechanism, as well as a psychological outlet. The paper argues that schools, both public and private, should provide opportunities for students and teachers to express themselves orally, with the understanding that measures of protection are in place which will allow for this expression.
From the Paper "In many communities around the country, however, school administrators and librarians are under heavy pressure from religious and other groups to censor what students read and study. Teachers are becoming self-censoring in the selection process, making every effort to make "safe" book choices. These practices aren't eliminating the problem, they're only amplifying it . Educators cannot, for the sake of the students, allow themselves to be pressured into diluting their curriculum into superficial facts."
Abstract This paper examines the high cost to employers of employee workplace substance abuse. The author points out the need for effective substance abuse prevention programs and challenges such programs present. The paper evaluates the effectiveness of drug testing as a policy.
From the Paper "Due to absenteeism, accidents, medical-liability and healthcare expenditures, substance-abusing employees cost employers more than ... billion annually Obviously, substance-abusing employees represent a major problem.
Tags: drug testing, drug-free workplace, employees, employers, ACLU, privacy, substance abuse, health care, public policy
Abstract This paper discusses what correctional policies can be created from the principles of restorative justice (based on indigenous justice principles). The writer looks at whether these values are more compatible with some offenses than others. The writer also discusses whether they are more appropriate for some types of offenders than others. Further, the writer discusses reasons why juveniles of color have higher rates of contact with the police than white youth.
From the Paper "According to Restorative Justice online, restorative justice is a systematic response to wrongdoing that emphasizes healing the wounds of victims offenders and communities caused or revealed by the criminal behavior. Three principles form the foundation for restorative justice. Justice requires that we work to restore those who have been injured. Those most directly involved and affected by crime should have the opportunity to participate fully in the response if they wish. Government's role is to preserve a just public order and the community's is to ... "
