The First Amendment to the Constitution states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
The Supreme Court has ruled that states as well cannot pass laws that violate the 1st Amendment.
On Nov. 2, Okalhoma voters passed SQ755 (similar to our propositions) by a vote of 70 to 30 percent. The slogan of "Save Our State" was used by supporters for the law which would require Oklahoma courts to "rely on federal and state law when deciding cases" and "forbids courts from considering or using" either international law or Islamic religious law, known as Sharia, which the amendment defined as being based on the Quran and the teachings of the Prophet Mohammed.
A Federal judge has issued a permanant injunction (stop) against the law that you can read about in this article. Sharia law is used in many muslim countries and many of its aspects violate federal and state laws. Politicians in Oklahoma are upset by the ruling and many claims are being made by both sides of the issue. The U.S. Supreme Court could eventually hear the case.
The questions are:
Can religion currently be used as an excuse to break laws that by themselves do not discrimnate against religions? (for example: polygamy, drug use, rape)
Can states pass laws that target a particular religion?
What was the purpose of this law in Oklahoma? Was it necessary to pass? Are you surprised that voters passed it?
Do you believe the law violates the first amendment and why?
If the law is not a violation, what kind of precedent does it create for other states?
Post your responses by 8:00AM Friday
Showing posts with label 1st amendment. Show all posts
Showing posts with label 1st amendment. Show all posts
Tuesday, November 30, 2010
Wednesday, October 13, 2010
A different case of free speech - Snyder v. Phelps (Post #17)
A Kansas Church and its pastor (Phelps) have made news over the last few years and the case has now moved to the supreme court. The video below first appeared on 20/20 on ABC network. This story is a little old now as a federal appeals court has reversed the decision to award money to Snyder in damages. That court has ruled Snyder must now pay Phelps' legal fees. He has now appealed and we await the decision of the supreme court to determine whether Phelps is legally allowed to continue his church's activities.
Caution the language used may easily be considered offensive. If you'd rather not take the chance of being offended do not watch and read this link instead with the same story.
As you discuss the case in your comments. Don't focus on the message too much. Remember the Snyder family's son is not accused of being gay. All soldier funerals are being targeted by the group.
Keep your comments respectful, don't try to overextend your own 1st amendment rights, remember you are students and the teachers have control over this forum.
.
Questions:
Do they have a right of free speech in this case? Does the 1st amendment apply to their actions? If this qualifies as hate speech, does it inspire riots or violence?
Does the 1st amendment it allow them to freely exercise(practice) reglious beliefs in this matter? Why do you think so?
Do their actions take away the rights of others? In this case, is it an invasion of privacy of the Snyder family?
Are cemeteries public places where protest is allowed? Should they be? Whose job would it be to make a law regarding that?
If they both have rights, whose outweigh the others and what should the Supreme Court decide?
Caution the language used may easily be considered offensive. If you'd rather not take the chance of being offended do not watch and read this link instead with the same story.
As you discuss the case in your comments. Don't focus on the message too much. Remember the Snyder family's son is not accused of being gay. All soldier funerals are being targeted by the group.
Keep your comments respectful, don't try to overextend your own 1st amendment rights, remember you are students and the teachers have control over this forum.
.
Questions:
Do they have a right of free speech in this case? Does the 1st amendment apply to their actions? If this qualifies as hate speech, does it inspire riots or violence?
Does the 1st amendment it allow them to freely exercise(practice) reglious beliefs in this matter? Why do you think so?
Do their actions take away the rights of others? In this case, is it an invasion of privacy of the Snyder family?
Are cemeteries public places where protest is allowed? Should they be? Whose job would it be to make a law regarding that?
If they both have rights, whose outweigh the others and what should the Supreme Court decide?
Monday, October 11, 2010
Are Video Games protected by the 1st Amendment? (Post #16)
The Entertainment Software Ratings Board currently rates video games, and many retailers restrict the sales of games marked "Mature" or "Adults Only," but those restrictions are voluntary. California passed a law in 2005 banning the sale of any game to minors deemed "excessively violent" by the attorney general. Violent games are defined as those that include "killing, maiming, dismembering, or sexually assaulting an image of a human being,"; if the game lacks "serious literary, artistic, political, or scientific value for minors." This law was struck down by a U.S. District Court and has been appealled to the Supreme Court.
The music and movie industries also have voluntary ratings that let consumers know whether their products are suitable for minors. There is no actual law or punishment on these, however. Consider the following questions and submit by Wednesday morning at 8:00 AM.
Should a state be allowed to ban minors from "violent" video games?
What differences are there, if any, between a video game and a book or a movie?
Based on the definition above, do video games have "serious artistic value"?
Are you comfortable leaving the decision of what to ban up to the Attorney General?
Will this prevent minors from buying these games?
Under what circumstances, if any, would you say a game should be banned?
What consequences could there be for other forms of "entertainment" if the Supreme Court rules in favor of California?
The music and movie industries also have voluntary ratings that let consumers know whether their products are suitable for minors. There is no actual law or punishment on these, however. Consider the following questions and submit by Wednesday morning at 8:00 AM.
Should a state be allowed to ban minors from "violent" video games?
What differences are there, if any, between a video game and a book or a movie?
Based on the definition above, do video games have "serious artistic value"?
Are you comfortable leaving the decision of what to ban up to the Attorney General?
Will this prevent minors from buying these games?
Under what circumstances, if any, would you say a game should be banned?
What consequences could there be for other forms of "entertainment" if the Supreme Court rules in favor of California?
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