Constitutional law Essay Example | Topics and Well Written Essays - 1000 words

Constitutional law - Essay Example The probability of preparing laws to protect American citizens will be limited if the Elected Officials safety is not provided in the constitution. In essence, enforcement of laws such as those of prior censorship or prior restraint to protect citizens is bestowed on the Elected Officials. Similarly, absence of such laws will result into subjects approaching their representative and present their perception over certain issues. Thus, laws such as prior censorship or prior restraints have been stipulated to ensure publishers to remain accountable for any publications or communication. Restriction of hearing and distribution of censored material is provided under the prior restraint. However, some regions such as Argentina and U. S impose sanctions after communication of this material. Different cases have been used to affirm this position of the law (Thomas and dale 1). They include Near Vs Minnesota (1931) Near was convicted for publishing a malicious, disreputable, and defamatory ar ticle against Charles G. Davis, a special law enforcement officer. As a result, the defendant was banned from publishing any kind of newspaper. Though the statute to suppress public nuisance of periodicals and newspaper is essential it raises questions of grave significance that transcends local interest s entailed in any particular action. Nevertheless, the ruling was based on the unusual and illegitimate manner the defendant sought to execute his desire. Further, more exposition is brought out through the 1971 New York Times Co. V. United States case. In this case, a court injunction was given to prevent publication of an article rather document that would endanger the nation’s security (Thomas and dale 1). I believe the prior restraint was valid since the first amendment was absolute. Similarly, the 1993 case Hill v. Colorado affirms the restriction of publication or passing of pamphlets to state officials. Restriction of protests around abortion clinics resulted into the 100-foot radius buffer zone. In my opinion, this legislation works in protection of the state officials. Therefore, I believe it is worth concluding that it is unlawful for any individual to hand any form of publication or publish any information that endangers the safety of a nation of state officials (Epstein 45). Question 2 I believe the students are free to hold their ceremony at the school’s graduation square as planned. Concerning Lee v. Weismen court case, the students club had prior knowledge on their rights thus their meetings in a room to use facilities after school was justified. The ruling approved clergies to lead prayers during graduation. As a result, subtle religious coercion emerged due to violation of the Establishment clause. I think acknowledgement of the presence of a supreme is essential thus; their desire to hold a separate graduation is justifiable. In my opinion, the option of not attending the graduation ceremony excuses any coercion or inducement in the ceremony itself is discarded. In the current society, high school graduation is a significant occasion; therefore, no student is free to absent himself or herself from the exercise in any real sense of the term "voluntary." In addition, not dispositive is the disputation that prayers are an essential part of these ceremonies because for many people