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The freedom of speech

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1.

The constitution indeed provides the freedom of speech however, Dwight on this case failed to get the clear interpretation. The court, therefore, could use it to justify their ruling based on the fact that the constitution under the first amendment prohibits loud music beyond fifty feet. Thus, that was noise pollution which interferes with the peace of mind of the residents. Yes, Dwight was trying to pass a message; advertisement or kind of but through playing loud music was a wrong platform. Instead, he could have used other channels like the media or open spaces which comprises of both private and public and his message could reach home.

2.

Facebook like currently is covered under the first amendment. It is one form of which somebody can express their views and the constitution acknowledges that. Unlike in the past, it was argued that the constitution only covers the expressive speech and the like button on Facebook was not considered as a speech. Facebook is a social media on which people have all the rights to exercise their freedom of expression and features among the new technologies. Carter had the right to make a decision willingly but not under conviction therefore clicking the like button he committed no crime.

3.

The fourth amendment act provides equal protection to all the citizens either born or naturalized in the United States. It strongly condemns any law that may abridge the privileges and freedom of the citizens. The court, therefore, the ruling must not contradict the amendment by favouring the male topless dancers while demolishing the female dancers’ clubs. It should, therefore, allow the operation to go on and ask the security to be enforced with the aim of curb down the rate of crime and other forms of social injustice. The amendment allows Buzzetti the owner of a cozy cabin to own property and liberty to establish it in any part of the country.

4.

Negligence is the act of failure to behave according to the specifications given, intentionally omitting duties and as a result, there are consequences at the end.

Strict liability refers to the situation where an individual takes the full responsibilities of repercussions coming from activities even at the absence of criminal activity on the defendant side.

Differences

  1. Liability is about responsibility while on the other hand negligence is the lack of responsibility.
  2. Liability is a cause that in most cases leads to negative results it does not involve conscious decisions to create injury while negligence is lack of care and necessary steps on giving directions on problems at hand.

 

5.

In the case of Benjamin, the court should make judgment basing on the constitution which allows both men and women to serve as jurors irrespective of their race or ethnicity backgrounds.

Challenges

The problem of interest is a great challenge since the main aim of the advocate is to win for the client. Therefore they will ensure there are no lope holes that may expose their client to risk. Alternatively, they have nothing to gain or lose even if they expose their ignorance. After all, they get paid and that’s what matters most to them.

There is also a problem of criteria where the main challenge here is selecting of an impartial jury. A decision is made by a small group basing on very shallow evidence. Sometimes the jurors may be selected in an un-constitutional manner for instance bribe or threat so that they may present a shred of fake or false evidence.

 

 

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