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Privacy and Amendments
First amendment analysis
First amendment analysis
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More handpicked essays just for you.
Privacy and Amendments
First amendment analysis
First amendment analysis
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Privacy and Amendments
The test that the Supreme Court uses to determine if individual rights and the common good is balanced in the case of " Acton v. Vernonia School District" is whether the government outweighs the privacy of the the person or vice versa. The time is during school so between the hours of seven am to eight pm if you count different extracurricular activities. The place is on any government ground which at all times, school is government property. If there is any threat on government property that involves a student 's learning and could be potentially hindering it, the government interest starts to become more heavy than privacy. An unreasonable search and seizure would be for example if a school facility member overheard some students talking about a person, let 's say this person 's name is Susan.
Because technology is continually growing, new laws are being passed regarding technology and confidentiality. This article questions the “invasive” internet searches and looks for a constitutional answer. As of now, no electronic device can be confiscated and searched without a warrant. This could prove to be beneficial for Arnie. If he was to report Mr. Bowen’s suspicious data to the police, they would be able to obtain a warrant to officially search Mr. Bowen’s computer.
In the article “At some schools, ‘Big Brother’ is watching”, by Kelly Wallace, the story of a school district is presented. This district has decided to pay $40,500 to a tech firm to monitor the students social media. This plan is controversial for obvious reasons, it contradicts the first amendment and just shows a lack of respects for the students and their privacy. For the reasons of the First Amendment and not virtually stalking students, Wallace feels that monitoring what students post is not justified. Tom Gayda emailed CNN and shared his opinion that “schools need to respect boundaries and the First Amendment… my concern is if a kid goes home and writes ‘the school lunch sucks,’ and the next day they’re brought in and in trouble for
In making its Smith ruling, the Court considered whether the person invoking the protection of the Fourth Amendment could claim a “legitimate expectation of privacy” that has been invaded by government action, and stated that such an inquiry normally addresses two questions: (1) whether the individual has exhibited an actual (subjective) expectation of privacy; and (2) whether the individual 's expectation is one that society is prepared to recognize as “reasonable.”
American’s rights over government protection Are Americans being blindingly controlled by our own government? Today, there is a controversy to whether or not government should be allowed to monitor phone calls, emails, and internet searches for the purpose of investigating terrorist organizations and plans. Although it’s important to remain protected, giving up our rights to our government isn’t an acceptable proposition. Due to our government’s suppressing amount of power and secrecy, it is eccentric for us citizens to allow the government to violate our fourth amendment by breaching our privacy. We have one right that protects us Americans from unreasonable searches and that is the fourth amendment of the United States.
The right to privacy described in Polit and Beck (2017) addresses research with humans and that it involves personal intrusion. Truman did not ensure his research was not more intrusive than it needed to be and did not maintain Perry’s
The “Nothing-to-Hide Argument” Analyzed: In this rhetorical analysis, I will be taking a look at Daniel J. Solove’s essay “The Nothing-to-Hide Argument,” which is about privacy in the context of personal information and government data collection (Solove 734). Solove’s main argument in his essay is that the general public has a narrow perception of what privacy really is. The purpose behind his main argument is to expose the problems with the nothing-to-hide argument while presenting a way to challenge it for his target audience, government officials. Solove’s argument to his target audience is effective through his exemplary use of substance, organization, and style in his essay.
Some Americans believe that the Patriot Act is a violation of privacy, but the government takes crucial steps to ensure the privacy of all law-abiding Americans. Despite contrary beliefs, the
The Supreme Court decided on January 15, 1985 that the Fourth Amendment does constrain the actions of school officials, and that students have a legitimate expectation of privacy when in school. Yet TLO’s sentence was ultimately upheld
Administrative Search Name: Institution: Over the years the courts have continuously expressed doubt on whether the Fourth Amendment should apply to inspections under administrative search. There are instances where the courts allows authorities to search the property of other or even a person. Often, the Court has held that administrative searches differs from police search in crimes such as; robbery/ burglary, rape, or murder. Accordingly, the Court has imposes different and reduced requirements for administrative searches and in some instances the Court has ruled in favor for warrantless administrative searches. For instance, in Frank v. Maryland the court held that some administrative inspections like fire, health or housing inspections did not require warrants since they were widely accepted by the public.
Nowadays, “privacy” is becoming a popular conversation topic. Many people believe that if they do not do anything wrong in the face of technology and security, then they have nothing to hide. Professor Daniel J. Solove of George Washington University Law School, an internationally known expert in privacy law, wrote the article Why Privacy Matters Even if You Have ‘Nothing to Hide’, published in The Chronicle of Higher Education in May of 2011. Solove explains what privacy is and the value of privacy, and he insists that the ‘nothing to hide’ argument is wrong in this article. In the article, “Why Privacy Matters Even if You Have ‘Nothing to Hide’”, Daniel J. Solove uses ethos, pathos, and logos effectively by using strong sources, using
How does Mrs. Jones affect Roger’s life now that she has taught him a lesson about stealing? In the story “Thank You Ma’am” by Langston Hughes, Mrs. Jones takes Roger and kicks him on the sidewalk and she also gives him a half nelson. She takes him to her house and teaches him a lesson on stealing. If Mrs. Jones hadn’t done that, they wouldn’t of gotten to know each other and maybe Roger would be out stealing someone else’s purse. If Mrs. Jones just kicked him and left him on the sidewalk, she wouldn’t of told him her own stories of bad decisions she had made when she was younger.
The right to privacy is not mentioned word for word in the constitution. The Supreme Court has ruled that privacy is interpreted in the First, Third, Fourth, Fifth, and Ninth Amendments. The choice for American citizens to use contraceptives, have abortions, and have same sex relations are considered to be the right of privacy. The First Amendment designed these zones of privacy to all people to make their own personal choices without interference of the government. The First Amendment zone of privacy is considered a grey area.
The fourth amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” To me, this means, in order for the American people to feel that they and their belongings are safe, only an official sworn into office can issue a warrant. This warrant can also be issued with probable cause, or reasonable belief, that some crime has been committed. Upon issuance of said warrant, the sworn official must specify exactly where police are allowed to search and the exact things or people they are allowed to look for and take in their investigation.
Many people might say that the privacy of modern day American citizens is being violated, that to similar to the world of 1984. The novel 1984 written by George Orwell is about a totalitarian government who oppresses its people and controls all aspects of their lives. The government is symbolized by Big Brother, people are monitored their entire day for flaws in their thinking towards Big Brother. I believe that privacy of American citizens is being violated and that people should not give up aspects of their personal privacy for greater good of society.