- Andrew is sentenced to death for torture. In Andrew’s state, there is an “eye-for-an-eye” statute that mandates punishment that mimics the crime the defendant committed. Pursuant to this statute, Andrew will be tortured to death. Is the state’s eye-for-an-eye statute constitutional under the Eighth Amendment? Why or why not?
Tag: constitutional protections
Constitutional Protections
Should Depictions of Animal Cruelty Be Protected by the First Amendment?
Congress enacted 18 U.S.C. § 48, which criminalizes commercial creation, sale, or possession of a visual or auditory depiction in which a living animal is intentionally maimed, mutilated, tortured, wounded, or killed, if that conduct violates federal or state law where the creation, sale, or possession takes place. In United States v. Stevens, 552 U.S. 442 (2010), the US Supreme Court held that this statute is facially overbroad and violative of the First Amendment. Specifically, the Court held that depictions of animal cruelty are entitled to First Amendment protection, and the statute is presumptively invalid because it is content based. In addition, the Court stated that the government’s interest in censoring this type of material is not compelling enough to outweigh the prohibition on protected speech and that the statute on its face included material that may have redeemed social value. The Court’s opinion is available at this link: http://www.law.cornell.edu/supct/html/08-769.ZO.htmlLinks to an external site.
1. Do you think the First Amendment should protect material depicting animal cruelty? Why or why not?
2. What are some possible consequences of criminalizing this type of speech?
Assignment 2- Module Five: Searching Digital Evidence
Locate on the Internet the published dataset of e-mails relating to the Enron scandal. Your goal is to engage in a discussion on the discussion board about best practices in searching such a voluminous data source. Try to come up with a list of keywords and methods of searching that would allow auditors or investigators to easily find key documents. ( Half a page is ok)
3. Assignment 3- Reading : As Professor Semitsu discusses in his article, “From Facebook to Mug Shot,” not even George Orwell would have predicted that “an omniscient Big Brother” would result from government inactivity as opposed to a totalitarian takeover. There has been much criticism regarding post-9/11 changes in law allowing the government to access certain electronic files without a warrant or even probable cause. However, the U.S. population has ultimately surrendered its right to privacy to corporations. If government ever tried to persuade the average citizen to permanently document his or her every action and thought, there would be mass resistance and outrage. But when a teenage Harvard-drop out created a website for just that, hundreds of millions of people began voluntarily documenting their life (and crimes) with amazing precision. The Fourth Amendment provided U.S. citizens with over 200 years of protections to their persons, papers and effects. But today, in 2011, the Fourth Amendment does not cover anything having to do with the government’s seizure of Facebook activity, email older than six (6) months, or much of our web activity. Technology allows us to neatly document our day-to-day activities, while the law allows the government to seize these writings and use them to deprive people of life and liberty without the due process granted to other papers and effects.
Questions/Challenge: Argue for or against Professor Semitsu’s proposition that the system is broke and needs fixing.
Should U.S. citizens enjoy the same constitutional protections to their social networking communications and emails as they do to their personal diaries and hand-written correspondence? Or, should the government have ready access to public or semi-public social networking commentary for the purposes of legitimate law enforcement investigations without a warrant? If the police ask the Facebook legal department, without a warrant, for social media records, is that similar to a detective going into a bar and interviewing people; or, is it closer to the seizure of letters or documents?
Part 1 – Write your original response. Be sure to include at least one (1) descriptive hypothetical situation. I will use a moderated cue for this assignment, so you will not see your classmates’ posts during part 1.