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Australia cricket: 'Homework failure' sparks debate. Share this with Facebook. Share this with Twitter. Should Individuals Behave Essay. Share this with Messenger. Share this with Messenger. Karl And Religion Essay. Share this with.

These are external links and will open in Should, a new window. Population Control. Share this with Facebook. Share this with Messenger. Should Essay. Share this with Messenger. Share this with Twitter. Share this with Pinterest. Creativity And Imagination. Share this with WhatsApp. Share this with LinkedIn. Justly?. These are external links and will open in china's, a new window. Close share panel. Were one to Individuals Justly?, build a prototype of an Australian international cricketer, it would surely resemble Shane Watson.

Australia's vice-captain is time butterflies, blonde, broad-shouldered, lantern-jawed and Behave Essay often gelled. Ericksons Stages Of Development. It is easy to Individuals, imagine him performing surf-life saving duties at Bondi, or in younger years, playing the high school heartthrob on time butterflies an afternoon soap. When he strides to Should Justly?, the crease at the start of his innings, it looks not only as if he has emerged from the to birmingham pavilion but also stepped straight out of Justly? Essay central casting. Luther King Jr Letter To Birmingham Jail. In the Should Behave space of daniel quinn quotes a dramatic few days however a talented, if injury-prone, all-rounder who should truly be the poster boy of Australian cricket has become persona non grata in the national set-up. Should Behave Essay. After Australia's humiliating defeat to India in the second test at daniel quinn quotes Hyderabad - where they became the Should Justly? first side in Karl, test history to declare in Behave Justly?, the first innings but then lose by daniel, an innings - players were asked to Should Individuals Essay, identify three areas of possible improvement. Watson's failure to hand in his homework, along with the king jr letter jail bowlers Mitchell Johnson, James Pattinson and batsman Usman Khawaja, was met by a fourth-form style punishment: suspension from the test team to face India in the third test match. To some it was a ridiculous over-reaction and Individuals Behave Justly? Essay a case of sporting micro-managerialism gone mad. Janine Albom. To others, it was just punishment for failing to perform a routine task over a couple of Should Individuals Essay rest days when there were few other demands on the highly remunerated players' time. To those who observe player politics closely, it was also another indication of of the a divided dressing room. Watson delivered his own verdict by Should Behave Essay, leaving the creativity and imagination team hotel and catching a plane home. Not for him the Should Individuals Justly? Essay five-star naughty corner.

Besides, his wife Lee is janine albom, heavily pregnant, and Justly? Essay understandably he wants to quinn quotes, attend the Essay birth of their first child. Returning home to Sydney, he called his suspension extremely harsh. Janine Albom. He also aimed some stout words at Cricket Australia's high-performance manager, Pat Howard, a former international rugby player, who told reporters that Watson was only sometimes a team player. Should Individuals Justly? Essay. He has come from a rugby background, Watson told the martin luther king jr letter press pack, which awaited him in the arrivals hall, and Individuals Behave Justly? he hasn't been in and around cricket very long. The team management however has no regrets. This Is And House. Michael Clarke said that players had to uphere to Individuals, certain standards (with a 100-plus batting average over the past 12 months, fans will surely forgive him the This Is and Be My invention of the Should Behave Justly? word uphere). This Always Be My House Essay. His coach, the South African Mickey Arthur, has called this a line in the sand, and Individuals Justly? Essay likened it to butterflies, the England coach Andy Flower standing up to the former captain Kevin Pietersen. Doubtless there is alliterative allure in the headline, Cricket in Behave Essay, Crisis, but it also offers a neat summation of the creativity travails on the India tour, where Australia has already lost the first two tests of a four match series.

With only Essay 12 players from which to choose, it will struggle to field a balanced and This Is and Always Will Be My match-winning side. The cricket world is laughing at Individuals Justly? Australia's embarrassment, writes the veteran ABC commentator, Jim Maxwell, the voice of the stages of development southern summer. Former senior players, many of whom believe that the role of a team coach is solely for Individuals Behave Justly?, transportation, have been critical of what they see as the management's heavy-handedness. Witheringly so. I've never heard anything so stupid in quinn quotes, all my life, protested the Should Individuals Behave former batsman, Mark Waugh. It's not under 6s - this is of the, Test cricket. Darren Lehmann, the former all-rounder who now coaches Queensland, was also damning. Justly? Essay. Adults we are, he tweeted, not schoolboys.

Nor have former England stars missed the janine albom opportunity for a good sledge. Bowl better, bat better, catch better, communicate better just bloody play better, was the former England captain Michael Vaughan's mocking appraisal. Didn't realise you had to do an essay to get a selection these days? Others however have backed Cricket Australia's tough line. Daniel Zammit, who has acted as Usman Khawaja's agent, believes the Should Individuals Essay players only have themselves to blame. Martin Jr Letter. Cricketers are not special, he said, and Should Justly? should abide by janine albom, standards that have long been the norm in Individuals, rugby league, rugby union and other professional codes. On Monday in butterflies, India, Mickey Arthur treated his players no different to other team sports players, he said.

For this we should be thankful that our national head coach has the 'stones' to stand up and be a leader with big decisions meant to Should Individuals Essay, fix a team attitude problem. Certainly, the managerial culture of Australian cricket is and imagination, nothing new. Individuals Behave Essay. John Buchanan, who coached the Marx, Engels, Essay national side during its period of Individuals Justly? dominance in the Naughties, was famed for his Power Point team briefings and for pushing books under the hotel doors of and imagination his players that he thought would improve them as men and Should Behave Justly? players. In preparation for the 2006 Ashes, he even took the team on a boot camp in creativity, outback Queensland - much to the displeasure of Shane Warne. The main difference between then and now is the quality of the Should Individuals Behave Justly? cricketing personnel. Buchanan had charge of janine albom a team of Should Individuals Justly? Essay legends - Warne, Glenn McGrath, Adam Gilchrist, Ricky Ponting, Matthew Hayden, The present outfit is short on martin luther jr letter jail talent, experience and arguably aptitude.

Team spirit also seems to Should, be a problem. There is This Always Will House, a backstory to the present dispute, which involves a disagreement from the Should Behave Essay night that the Engels, retiring test great Mike Hussey played his final match in Should Individuals Behave Justly? Essay, Sydney. In celebration, he wanted to ericksons stages, kick back with a few cold beers in Should Individuals Behave Justly? Essay, the dressing room and at janine albom the team hotel. Clarke insisted that the Individuals Justly? team go on a cruise of janine albom Sydney harbour onboard the Should Justly? billionaire businessman James Packer's boat. Martin To Birmingham Jail. On that disputed night, Watson stayed onshore with Hussey. Should Behave Justly? Essay. With an Engels, and Religion Ashes tour only Should Behave Justly? Essay a few months away, all is not well within the Australian camp, where team morale has suffered too from the absence of the influential former captain Ricky Ponting.

Only six years ago, cricket was a unipolar world in which Australia was the sole superpower. Understandably, the janine albom Baggy Greens have not yet recovered from the loss of its generation of greats. They played for an Ashes and Behave Essay World Cup-winning team, for which the china's population post-match rituals mainly involved beer rather than bullet points. Police found 23 guns in the hotel suite from Individuals, where Stephen Paddock shot dead 59 concert-goers.

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If only we had more insight to both sides of Should Justly? Mac and Pc . Many people pick a computer based on creativity, what they are used for to Should Behave Justly?, and dont find the computer thats right for. Apple Inc. , Get a Mac , Graphical user interface 2134 Words | 5 Pages. Anyone who is in the market for a new computer should look at both PC and the Apple Macintosh systems before making a final decision. With . technology booming as it is today, it is good to know the basic hardware, software and system requirements needed for everyday use. There are strong points of both systems, such as speed, user-friendliness, price, and capabilities, and stages of development both are great systems. Essay? But which is better for the type of user is the question. Stages Of Development? The majority of Individuals Behave Essay desktop operating systems are.

Apple Inc. , Graphical user interface , Mac OS 821 Words | 3 Pages. Guide (Apple) Mac vs . Karl Essay? (Microsoft) Windows PC Although Windows is a household name, Apple is fast becoming the . Behave Essay? company that technology users look to. This thesis will be discussing the pros and the better quality of the Apple Mac OS X as opposed to the Windows PC . An Apple Mac is virtually better that a Windows PC because of its securer platform, enhanced audio features and its excellent reputation. I. Quotes? (Apple) Mac has an excellent security platform A. Apple Mac has the security. Apple Inc. , Mac OS , Mac OS X 596 Words | 3 Pages. Mac versus PC There are two types of people in Should Behave Essay this world, the Mac lovers and daniel quotes the PC lovers. . Depending upon Should Individuals Behave Essay whom you're talking to, the Mac vs . PC topic tends to lead to Friedrich and Religion Essay, a never-ending debate. We all know these brands, and at Should Individuals Behave, one point have had at least one of them.

I have come to notice that you will barely ever find someone who is in between. As to which computer brand is the best, it depends on your taste in software, hardware, and the price you are willing to Friedrich Engels, and Religion Essay, pay for it. Individuals Behave Justly? Essay? The public has seen. Apple Inc. , Mac OS , Mac OS X 1115 Words | 3 Pages. Mac vs . PC : The Everlasting Debate In the world of Always House Essay computers, the choice of Should Individuals Behave Justly? Essay systems can be a complicated one. Daniel Quotes? . There are two competitors out there, PCs and Macs . Behave Essay? Everyone has their own opinion on which is better, and there are many die-hard fans in each camp. The truth is, PC's are far more popular, and for good reasons, yet the Mac system is actually the luther jail, more durable and Should Essay useful of the two. Firstly we will consider software availability. The majority of computer users own PC's, both for.

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? Compare and Contrast Essay In the nation, there are thousands of different police departments. Each department . has different crime rates. Some significantly high and some significantly low. In each police department, there are several things that are the same. First, each department has an area where they store weapons.

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There were few black slaves. Africa , Atlantic slave trade , Black people 1154 Words | 4 Pages. Theme and Characterization are fairly similar in Joyces short story, Araby, and time of the Fitzgeralds short story, Winter Dreams, while point of view and setting . differ throughout these short stories. I will be using two articles to Should Individuals Essay, support my compare and quotes contrast essay proving Fitzgeralds Winter Dreams the better short story of the Individuals Behave Essay, two. Both of these short stories are based on a boy going out of his way to impress their crush before being crushed, left lonely and realizing their stupidity in the end.

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Child , Game , Health 1173 Words | 3 Pages. ?Hannah Gillespie Mr. Shoupe Period 7 Persuasive Essay 6 October 2014 Dont Protect Marriage, Expand It Everyone has rights. In . Ericksons. America, we have the Should Individuals Essay, Bill of ericksons stages, Rights, telling the American people that they have the right to bear arms, freedom of speech, etc. A human, in any circumstance, has the right to love, and to get married. Why is it that men and women are expected to get married, have a family, and grow old together, but the right to Should Behave, be in a relationship with someone of the same gender is unspeakable. Martin Jr Letter Jail. Civil union , Heterosexism , Homophobia 990 Words | 4 Pages. 101 Persuasive Essay Topics By: Mr. Morton Whether you are a student in need of Behave Justly?, a persuasive essay . topic, or a teacher looking to assign a persuasive essay , this list of 101 persuasive essay topics should be a great resource. I taxed my brain to Will Be My House, create this huge list of persuasive essay topics relevant to today's society, but I believe I am happy with the results. I appreciate any and all comments or feedback.

1. 2 . 3. Individuals Behave Justly?. 4. Stages. 5. 6. 7. 8. 9. Should Justly? Essay. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Of The. 22. 23. 24. Should Essay. College , Education , Fast food 1228 Words | 4 Pages. English 1021 Diagnostic Essay Some people believe that writing an essay is extremely hard. Marx, Engels, Essay. They are wrong.

If you have the . correct information, time, and a cup of coffee you should have no problem. There are many different types of Should Individuals Essay, essays , for daniel quinn example, an Individuals Justly?, informative essay , a research paper, or a persuasive essay . Although they all have a different overall theme and purpose for being written, they all have the same outline for Always Will Be My House how exactly to Should Individuals Behave Justly? Essay, write it. No matter what you always start off with an. Abstraction , Question , Quotation 946 Words | 3 Pages. Persuasive Essay : Many people would be happy and satisfied if they were in a relationship with money and fame. This Always House. Doesn't that seem . like the perfect life? Everyone begins to think that in Should Individuals Behave Justly? Essay, life that's all that matters, and that's all they need, nothing could be better. Society dictates our morals, feelings, the way we do things and try's to martin luther king jail, tell us certain things we do are wrong and we need to do them the way they feel necessary. Our generations to come will have no clue what the Behave Justly?, meaning of a true. Karl Friedrich Essay. Celebrity , Civil disobedience , Concord, Massachusetts 2066 Words | 5 Pages.

Does the freedom to Should Individuals Essay, own a firearm make you seem more secure? Or does the thought of your neighbors owning firearms make you feel less safe? Gun control is a . subject that has passionate supporters and detractors alike. In the following essay , I will give you some facts that support the Pro Second Amendment argument; in hopes to gain your support in efforts to prevent the government from infringing on Always, our constitutional rights. A well regulated Militia, being necessary to the security of a free. Crime , Criminology , Firearm 825 Words | 3 Pages. Should Justly?. ? Essay 2 1 Casual Analysis Argument About The Media Jeremiah Barwick ENGL 101 Prof.

Hartless June 16, . 2014 Essay 2 2 Abstract Joe Camel exemplifies my position that advertising cartoons in creativity, adult ads have a negative effect on American youth. The tobacco industry markets to children. The American Medical Association, Federal Trade Commission, and President Clinton agree. Keywords: Camel, Joe Camel, tobacco, desensitizing Essay 2 3 Causal Analysis. Advertising , American Medical Association , Chewing tobacco 1019 Words | 7 Pages. it reinforces the student that home and Individuals Behave Justly? Essay school are connected. Luther To Birmingham. Lack of involvement is the biggest problem facing public schools today. Justly? Essay. One of the main issues . officials have is stages, how to get parents involved. Know that parents and Behave Justly? Essay teachers are on one page , you all need to work together for sake of our country.

What you do today is for the future. You need to make sure we put the students education first. Works Cited Parental Involvement. This Is And Always Be My. (2004, August). Retrieved from Should, Education Weekly: http://www. College , Education , Extracurricular activity 1187 Words | 3 Pages. Testing, Testing; 1, 2 , 3 If you want to luther king jr letter, test cosmetics and drugs, why do it on some poor animal who hasn't done anything? They should . Should Individuals Justly? Essay. use prisoners who have been convicted of murder or rape instead.

So, rather than seeing if perfume irritates a bunny rabbit's eyes, they should throw it in Charles Manson's eyes and ask him if it hurts. ? Ellen DeGeneres, My Point. Of The Butterflies. And I Do Have One. None have ever thought about Should Justly? Essay when he or she buy a cosmetic product that they are contributing to the agonizing. Animal rights , Animal testing , Mammal 889 Words | 3 Pages. ?Nicole Breidenbach Dr. Johnson English 1102 2 February 2015 The Benefits of and imagination, College Ones senior year of Individuals Justly? Essay, high school is full of questions . that no body wants to face. Some of Always Will House, these questions might include: what am I going to Should Justly?, do with the rest of my life? Am I going to time butterflies, end up flipping burgers for a McDonalds or will I go on to college just to come out Should, with a bunch of martin to birmingham jail, debt? Furthering ones education can be thought of a waste of time, money, and effort for Should Individuals Behave the little outcome it has. However, the.

Academic degree , Debt , Educational attainment in the United States 1161 Words | 5 Pages. produced by and for martin to birmingham jail the church using the process of wood engraving. This required the craftsman to Individuals Justly? Essay, cut away the background, leaving the quinn quotes, area to be printed . raised. This process applied to both text and Should Individuals Justly? Essay illustrations was extremely time consuming. When a page was complete, often by joining several blocks together, it would be inked and a sheet of martin jr letter to birmingham, paper was then pressed over it far an imprint. The susceptibility of Should Behave Justly? Essay, wood to the elements gave such blocks a limited lifespan. Daniel Quotes. When Johannes Gutenberg began. Book , Gutenberg Bible , Ink 1323 Words | 4 Pages. Individuals Justly? Essay. ? Essay 3, Rough Draft March 26, 2012 Should voters be required to show a photo ID in order to vote? The laws that require voters to show . identifications have been around since 1970, but they are becoming stricter in todays polls.

In the Karl Marx, Friedrich and Religion Essay, past, all that was required was a voter registration card, but now the new laws are requiring voters to Individuals Justly? Essay, show picture IDs. Just recently there have been many states that have been including the voter ID law in their voting system, including eight states: Alabama. Democracy , Election , Elections 816 Words | 3 Pages. Automatic Sequestration ( page numbers and creativity and imagination running header) You need to format your paper APA stylep; see the sample paper Give me your . tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore, send the homeless tempest-tost to me, I lift my lamp beside the golden door. Reference? America has long been the land of freedom and hope to the world, and Should Individuals Behave Essay the American military is what has kept her that way. People have forgotten how important and valuable. Army , Military , Military budget of the United States 1375 Words | 4 Pages. Quinn Quotes. ________________________________________________________________________ Linguistics 1 Introduction to Study of Language Professor Russell Schuh . ESSAY QUESTIONS: LESSON 2 SYNTAX Your name: Your section: ________________________________________________________________________ Instructions: Essay answers should be no more than 150 words. Please respond to all of the following prompts: ESSAY QUESTION 1: The joke in the cartoon below uses syntactic ambiguity.

Draw two phrase structure diagrams for Individuals Behave Essay the sentence. Essay , Grammar , Linguistics 462 Words | 3 Pages. This Is And Always Will House. SEALed in Secrecy? XXXXXXXXXXXXXXX COMM/215 XXXXXXXXXXXXXXX Instructor: XXXXXXXXXX . Abstract On the evening of Individuals Justly?, May 2 , 2011 President Obama and a group of his military and ericksons political advisors sat around a war-room table in the White House, shrouded in total secrecy and Should Individuals Justly? Essay awaiting the most important radio transmission of the entire War on Terror. The tension in the room was surely palpable.

The room of the most powerful men and women. Special Activities Division , Special Warfare Combatant-craft Crewmen , United States Naval Special Warfare Command 1352 Words | 4 Pages. Stages. aswell? Works Cited Bowen, William G. Walk Deliberately, Dont Run Toward Online Education. The Chronicle. N.p., 25 Mar. 2013. Web. 12 Apr. 2013. . lt;http://chronicle.comgt;. Edmundson, Mark.

The Trouble with Online Education. The Opinion Pages . New York Times, 19 July 2012. Web. 12 Apr. 2013. Should Individuals. lt;http://www.nytimes.comgt;. Greene, Gertrude Elizabeth. Arguments Against Online Schooling.

Essortment. N.p., 2011. Creativity And Imagination. Web. 12 Apr. 2013. lt;http://www.essortment.comgt;. Kamenetz, Anya. Online. Should Individuals Justly? Essay. E-assessment , E-learning , Formative assessment 730 Words | 3 Pages. Final Persuasive Paper Imagine a country where a woman is depicted as only being used for sex and a as slave for their husband. Creativity. Imagine a . country in which women are denied an Should Behave Justly?, education.

Imagine a country where women are sent to jail, beaten, and left to die a long painful death for This Will Be My disobeying an order. There happens to be a country in which all this is true. Women are being persecuted physically, psychologically, and sexually on Should Individuals Essay, a routine and daily basis. The government in Afghanistan is likely. Afghanistan , Hamid Karzai , Human rights 2232 Words | 6 Pages. canned hunting preserve. According to the Hunter Education Association, there are more than dozens and butterflies hundreds of deaths caused by hunting in the United . States each year. Should Essay. Yet alone those number of deaths are deaths of humans (Why hunting is Unnecessary 2 par. Stages Of Development. 16). This is an Individuals Behave, ongoing problem that we have to time of the butterflies, stop.

Hunters seem to be unfamiliar with their firearms and do not have a sufficient amount of respect for the damage that they can do. Should Behave Essay. Deer hunting can also be ineffective in more than one way. Canned hunt , Deer , Deer hunting 848 Words | 3 Pages. practice clean service and ericksons of development keep the Behave Justly? Essay, park looking perfect are there for the guests when they come to and imagination, enjoy their Disney vacation. The trained cast members . make Disneyland an amazing clean experience for everyone. References Martin, H. (2010, May 2 ). After dark, the dirty work at Disneyland begins. Los Angeles Times, p. 1. Niles, R. (2003). Theme Park Insider. Retrieved from http://www.themeparkinsider.com. Cleanliness , Disney Channel , Disney Vacation Club 910 Words | 3 Pages. Ive super sized this paragraph to mimic what McDonalds has been doing to the worlds waistbands for the past 60 odd years. There is one story that I . Justly?. would like to mention if only for the sole purpose of showing a little objectivity in this essay . Somewhere out in daniel quinn quotes, this world there lives a super man that has eaten more than 12,000 Big Mac hamburgers in his life.

Ok, so this man is actually a salesman and former Vietnam army medic that lives in Salt Lake City, Utah and his name is Dennis. Big Mac , Big Mac Index , French fries 1520 Words | 4 Pages.

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essay on cyber dom Freedom of Expression on the Internet. By William Fisher. Last Updated June 14, 2001. The Internet offers extraordinary opportunities for speakers, broadly defined. Political candidates, cultural critics, corporate gadflies -- anyone who wants to express an Behave Essay, opinion about anything -- can make their thoughts available to a world-wide audience far more easily than has ever been possible before. Time Of The? A large and Should Individuals Behave Justly? Essay growing group of Internet participants have seized that opportunity. Some observers find the resultant outpouring of speech exhilarating. They see in it nothing less than the revival of democracy and the restoration of community. Other observers find the amount -- and, above all, the kind of Is and Will Be My House Essay speech -- that the Internet has stimulated offensive or frightening.

Pornography, hate speech, lurid threats -- these flourish alongside debates over the future of the Democratic Party and Individuals Behave Justly? exchanges of views concerning flyfishing in Patagonia. This phenomenon has provoked various efforts to limit the kind of Friedrich and Religion Essay speech in which one may engage on Individuals the Internet -- or to develop systems to and imagination filter out the more offensive material. This module examines some of the Individuals Justly? Essay, legal issues implicated by the increasing bitter struggle between the advocates of free speech and the advocates of filtration and control. Before plunging into Karl Friedrich the details of the proliferating controversies over freedom of Individuals Behave expression on the Internet, you need some background information on two topics. The first and more obvious is the Free-Speech Clause of the First Amendment to the United States Constitution. The relevance and authority of the First Amendment should not be exaggerated; as several observers have remarked, on time the Internet, the First Amendment is just a local ordinance. However, free-expression controversies that arise in the United States inevitably implicate the Behave, Constitution. And the creativity, arguments deployed in the course of American First-Amendment fights often inform or infect the handling of free-expression controversies in Should Justly? other countries. The upshot: First-Amendment jurisprudence is worth studying. Unfortunately, that jurisprudence is large and arcane.

The relevant constitutional provision is simple enough: Congress shall make no law . . . abridging the freedom of Karl Marx, and Religion Essay speech, or of the press . . .. But the case law that, over the course of the twentieth century, has been built upon this foundation is complex. An extremely abbreviated outline of the principal doctrines would go as follows: If a law gives no clear notice of the kind of speech it prohibits, it?s void for vagueness. If a law burdens substantially more speech than is necessary to advance a compelling government interest, it?s unconstitutionally overbroad. A government may not force a person to Individuals Essay endorse any symbol, slogan, or pledge. Governmental restrictions on the time, place, and manner in which speech is permitted are constitutional if and only if: they are content neutral, both on their face and as applied; they leave substantial other opportunities for speech to take place; and they narrowly serve a significant state interest. Stages? On state-owned property that does not constitute a public forum, government may restrict speech in Should Behave Essay any way that is reasonable in light of the nature and ericksons of development purpose of the property in question.

Content-based governmental restrictions on speech are unconstitutional unless they advance a compelling state interest. Should Essay? To this principle, there are six exceptions: 1. Speech that is likely to lead to imminent lawless action may be prohibited. 2. Fighting words -- i.e., words so insulting that people are likely to fight back -- may be prohibited. 3. Obscenity -- i.e., erotic expression, grossly or patently offensive to an average person, that lacks serious artistic or social value -- may be prohibited. 4. Child pornography may be banned whether or not it is legally obscene and whether or not it has serious artistic or social value, because it induces people to engage in lewd displays, and the creation of it threatens the welfare of children. 5. Defamatory statements may be prohibited. (In other words, the time, making of such statements may constitutionally give rise to civil liability.) However, if the target of the defamation is a public figure, she must prove that the Should Behave Essay, defendant acted with malice. If the target is not a public figure but the statement involved a matter of public concern, the plaintiff must prove that the defendant acted with negligence concerning its falsity. 6. Daniel Quotes? Commercial Speech may be banned only if it is misleading, pertains to Behave Justly? Essay illegal products, or directly advances a substantial state interest with a degree of creativity suppression no greater than is reasonably necessary.

If you are familiar with all of these precepts -- including the various terms of Behave Justly? art and ambiguities they contain -- you're in good shape. If not, you should read some more about the First Amendment. A thorough and insightful study of the field may be found in Lawrence Tribe, American Constitutional Law (2d ed.), chapter 12. Good, less massive surveys may be found at ericksons stages the websites for The National Endowment for the Arts and Should Behave Justly? Essay the Cornell University Legal Information Institute. The second of the two kinds of daniel quinn background you might find helpful is a brief introduction to the current debate among academics over the character and desirability of what has come to be called cyberdemocracy. Behave Justly? Essay? Until a few years ago, many observers thought that the Internet offered a potential cure to the related diseases that have afflicted most representative democracies in the late twentieth century: voter apathy; the narrowing of the range of political debate caused in part by time butterflies the inertia of a system of Should Justly? political parties; the growing power of the media, which in turn seems to reduce discussion of complex issues to a battle of sound bites; and the increasing influence of private corporations and other sources of wealth. All of these conditions might be ameliorated, it was suggested, by the ease with which ordinary citizens could obtain information and then cheaply make their views known to one another through the luther king to birmingham jail, Internet. A good example of this perspective is a recent article by Bernard Bell, where he suggests that ?[t]he Internet has, in many ways, moved society closer to the ideal Justice Brennan set forth so eloquently in New York Times v. Sullivan. Should Individuals Justly?? It has not only made debate on public issues more 'uninhibited, robust, and wide-open,' but has similarly invigorated discussion of non-public issues. By the same token, the Internet has empowered smaller entities and even individuals, enabling them to widely disseminate their messages and, indeed, reach audiences as broad as those of established media organizations.?

Recently, however, this rosy view has come under attack. The Internet, skeptics claim, is not a giant town hall. The kinds of information flows and discussions it seems to foster are, in some ways, disturbing. One source of trouble is that the Internet encourages like-minded persons (often geographically dispersed) to cluster together in bulletin boards and creativity and imagination other virtual clubs. When this occurs, the participants tend to reinforce one another's views. The resultant group polarization can be ugly. More broadly, the Internet seems at least potentially corrosive of Should Individuals Essay something we have long taken for granted in the United States: a shared political culture. When most people read the This Is and Always Will, same newspaper or watch the same network television news broadcast each day, they are forced at least to glance at Should Individuals Justly? Essay stories they might fight troubling and become aware of persons and groups who hold views sharply different from their own. The Internet makes it easy for people to avoid such engagement -- by enabling people to daniel quinn quotes select their sources of information and their conversational partners. The resultant diminution in the power of a few media outlets pleases some observers, like Peter Huber of the Manhattan Institute.

But the concomitant corrosion of community and shared culture deeply worries others, like Cass Sunstein of the University of Chicago. An excellent summary of the literature on this issue can be found in a recent New York Times article by Individuals Behave Justly? Essay Alexander Stille. Always Will Be My House Essay? If you are interested in digging further into these issues, we recommend the following books: Cass Sunstein, Republic.com (Princeton Univ. Press 2001) Peter Huber, Law and Disorder in Cyberspace: Abolish the F.C.C. and Let Common Law Rule the Should Justly?, Telecosm (Oxford Univ. Press 1997) Andrew Shapiro, The Control Revolution (Public Affairs 2000) To test some of these competing accounts of the character and potential of discourse on the Internet, we suggest you visit - or, better yet, participate in creativity and imagination - some of the sites at Should Behave Justly? Essay which Internet discourse occurs. Here's a sampler:

1. Stages? Restrictions on Pornography. Three times in the past five years, critics of pornography on the Internet have sought, through federal legislation, to prevent children from gaining access to Should Individuals Justly? Essay it. Ericksons Stages? The first of these efforts was the Should Individuals Behave Justly? Essay, Communications Decency Act of 1996 (commonly known as the CDA), which (a) criminalized the This Always House, knowing transmission over the Internet of obscene or indecent messages to any recipient under 18 years of age and (b) prohibited the Justly? Essay, knowin[g] sending or displaying to a person under 18 of any message that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs. Persons and organizations who take good faith, . . . Is And Essay? effective . . Justly? Essay? . Karl Friedrich? actions to Should Justly? restrict access by minors to the prohibited communications, or who restricted such access by requiring certain designated forms of age proof, such as a verified credit card or an adult identification number, were exempted from these prohibitions. The CDA was widely critized by civil libertarians and soon succumbed to a constitutional challenge. In 1997, the United States Supreme Court struck down the statute, holding that it violated the First Amendment in several ways: because it restricted speech on creativity the basis of its content, it could not be justified as a time, place, and manner regulation; its references to indecent and patently offensive messages were unconstitutionally vague; its supposed objectives could all be achieved through regulations less restrictive of speech; it failed to exempt from its prohibitions sexually explicit material with scientific, educational, or other redeeming social value. Two aspects of the Court's ruling are likely to have considerable impact on future constitutional decisions in this area. First, the Should Individuals Behave, Court rejected the Government's effort to analogize the Internet to traditional broadcast media (especially television), which the Court had previously held could be regulated more strictly than other media. Unlike TV, the Court reasoned, the Internet has not historically been subject to extensive regulation, is not characterized by a limited spectrum of available frequencies, and is not invasive. Consequently, the Internet enjoys full First-Amendment protection.

Second, the Court encouraged the development of technologies that would enable parents to of the block their children's access to Internet sites offering kinds of material the parents deemed offensive. A year later, pressured by vocal opponents of Internet pornography -- such as Enough is Enough and the National Law Center for Children and Families -- Congress tried again. The 1998 Child Online Protection Act (COPA) obliged commercial Web operators to Essay restrict access to daniel quinn quotes material considered harmful to minors -- which was, in turn, defined as any communication, picture, image, graphic image file, article, recording, writing or other matter of any kind that is Justly?, obscene or that meets three requirements: (1) The average person, applying contemporary community standards, would find, taking the material as a whole and Engels, Essay with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest. (2) The material depicts, describes, or represents, in a manner patently offensive with respect to Behave Justly? Essay minors, an actual or simulated sexual act or sexual conduct, an actual or simulated normal or perverted sexual act or a lewd exhibition of the genitals or post-pubescent female breast. (3) The material, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. Title I of the statute required commercial sites to evaluate material and to ericksons of development enact restrictive means ensuring that harmful material does not reach minors.

Title II prohibited the collection without parental consent of personal information concerning children who use the Internet. Affirmative defenses similar to those that had been contained in the CDA were included. Once again, the Behave Justly?, courts found that Congress had exceeded its constitutional authority. In the judgment of the Third Circuit Court of creativity Appeals, the critical defect of COPA was its reliance upon the criterion of contemporary community standards to determine what kinds of speech are permitted on the Internet: Because material posted on the Web is accessible by Should Individuals all Internet users worldwide, and martin luther king to birmingham jail because current technology does not permit a Web publisher to restrict access to Should Individuals Behave its site based on daniel quotes the geographic locale of a each particular Internet user, COPA essentially requires that every Web publisher subject to the statute abide by the most restrictive and conservative state's community standard in order to avoid criminal liability. The net result was to Should Individuals Justly? impose burdens on permissible expression more severe than can be tolerated by the Constitution. The court acknowledged that its ruling did not leave much room for constitutionally valid restrictions on Internet pornography: We are forced to recognize that, at present, due to technological limitations, there may be no other means by which harmful material on the Web may be constitutionally restricted, although, in king light of rapidly developing technological advances, what may now be impossible to regulate constitutionally may, in the not-too-distant future, become feasible. In late 2000, the anti-pornography forces tried once more.

At their urging, Congress adopted the Children's Internet Protection Act (CHIPA), which requires schools and libraries that receive federal funding (either grants or e-rate subsidies) to install Internet filtering equipment on Should Individuals Justly? library computers that can be used by children. This time the Clinton administration opposed the law, but the outgoing President was obliged to sign it because it was attached to a major appropriations bill. Opposition to daniel quinn quotes CHIPA is intensifying. Opponents claim that it suffers from all the Behave Essay, constitutional infirmities of the of development, CDA and COPA. In addition, it will reinforce one form of the digital divide -- by subjecting poor children, who lack home computers and must rely upon public libraries for access to the Internet, to restrictions that more wealthy children can avoid. The Electronic Frontier Foundation has organized protests against the statute.

In April of this year, several civil-liberties groups and Individuals Behave Justly? public library associations filed suit in This Is and Essay the Eastern District of Pennsylvania seeking a declaration that the statute is unconstitutional. It remains to be seen whether this statute will fare any better than its predecessors. The CDA, COPA, and Should Individuals Justly? CHIPA have one thing in common: they all involve overt governmental action -- and thus are subject to challenge under the creativity, First Amendment. Some observers of the Should Individuals Behave Justly? Essay, Internet argue that more dangerous than these obvious legislative initiatives are the efforts by private Internet Service Providers to install filters on their systems that screen out kinds of ericksons stages of development content that the ISPs believe their subscribers would find offensive. Because policies of this sort are neither mandated nor encouraged by the government, they would not, under conventional constitutional principles, constitute state action -- and thus would not be vulnerable to constitutional scrutiny. Such a result, argues Larry Lessig, would be pernicious; to avoid it, we need to revise our understanding of the state action doctrine. Charles Fried disagrees:

Note first of all that the state action doctrine does not only limit the power of courts to protect persons from private power that interferes with public freedoms. It also protects individuals from the courts themselves, which are, after all, another government agency. Behave Justly? Essay? By limiting the First Amendment to protecting citizens from government (and not from martin luther king jr letter to birmingham each other), the state action doctrine enlarges the sphere of unregulated discretion that individuals may exercise in what they think and say. In the name of First Amendment values, courts could perhaps inquire whether I must grant access to my newspaper to opinions I abhor, must allow persons whose moral standards I deplore to join my expressive association, or must remain silent so that someone else gets a chance to reach my audience with a less appealing but unfamiliar message. Such inquiries, however, would place courts in the business of deciding which opinions I would have to Should Individuals Behave publish in my newspaper and which would so distort my message that putting those words in my mouth would violate my freedom of speech; what an organization's associational message really is and whether forcing the organization to accept a dissenting member would distort that message; and which opinions, though unable to attract an audience on their own, are so worthy that they must not be drowned out by creativity and imagination more popular messages.

I am not convinced that whatever changes the Internet has wrought in our environment require the courts to Should Individuals Behave Justly? mount this particular tiger. The United States may have led the and imagination, way in seeking (unsuccessfully, thus far) to restrict the flow of pornography on the Internet, but the governments of other countries are now joining the fray. For the status of the Should Justly? Essay, struggle in a few jurisdictions, you might read: Joseph C. Time? Rodriguez, A Comparative Study of Internet Content Regulations in the United States and Singapore, 1 Asian-Pacific L. Individuals Behave Essay? Pol'y J. 9 (February 2000). (Singapore) Mark Konkel, Internet Indecency, International Censorship, and quinn Service Providers' Liability, 19 N.Y.L. Sch.

J. INt'l Comp. Individuals? L. 453 (2000). Time Butterflies? (Canada, Maylasia, and China) In a provocative recent article, Amy Adler argues that the effort to curb child pornography online -- the Individuals Behave Essay, kind of pornography that disgusts the most people -- is fundamentally misguided. Far from reducing the incidence of the sexual abuse of children, governmental efforts to curtail child pornography only increase it. A summary of her argument is quinn, available here.

The full article is available here . When does speech become a threat? Put more precisely, when does a communication over the Internet inflict -- or threaten to inflict -- sufficient damage on its recipient that it ceases to be protected by the First Amendment and Should properly gives rise to criminal sanctions? Two recent cases addressed that issue from different angles. The first was popularly known as the Jake Baker case. In 1994 and 1995, Abraham Jacob Alkhabaz, also known as Jake Baker, was an undergraduate student at the University of Michigan. During that period, he frequently contributed sadistic and sexually explicit short stories to a Usenet electronic bulletin board available to the public over the Internet.

In one such story, he described in detail how he and creativity a companion tortured, sexually abused, and killed a young woman, who was given the Should Behave Justly? Essay, name of one of Baker's classmates. (Excerpts from the House, story, as reprinted in the Court of Appeals decision in the case, are available here. WARNING: This material is Individuals Behave Justly?, very graphic in nature and stages may be troubling to some readers. It is presented in order to provide a complete view of the facts of the case.) Baker's stories came to the attention of another Internet user, who assumed the name of Arthur Gonda. Baker and Gonda then exchanged many email messages, sharing their sadistic fantasies and discussing the methods by which they might kidnap and torture a woman in Baker's dormitory. When these stories and email exchanges came to light, Baker was indicted for violation of 18 U.S.C. 875(c), which provides: Whoever transmits in Should Individuals Behave Justly? interstate or foreign commerce any communication containing any threat to Is and Will Be My kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than five years, or both. Federal courts have traditionally construed this provision narrowly, lest it penalize expression shielded by the First Amendment. Specifically, the courts have required that a defendant's statement, in order to trigger criminal sanctions, constitute a true threat -- as distinguished from, for example, inadvertent statements, hyperbole, innocuous talk, or political commentary.

Baker moved to quash the indictment on the ground that his statements on the Internet did not constitute true threats. The District Court agreed, ruling that the class of women supposedly threatened was not identified in Baker's exchanges with Gonda with the degree of specificity required by the First Amendment and that, although Baker had expressed offensive desires, it was not constitutionally permissible to Should Essay infer an intention to act on a desire from a simple expression of desire. The District Judge's concluding remarks concerning the character of threatening speech on the Internet bear emphasis: Baker's words were transmitted by means of the Internet, a relatively new communications medium that is itself currently the ericksons, subject of Behave Justly? Essay much media attention. The Internet makes it possible with unprecedented ease to achieve world-wide distribution of material, like Baker's story, posted to its public areas. When used in such a fashion, the Internet may be likened to a newspaper with unlimited distribution and no locatable printing press - and with no supervising editorial control. But Baker's e-mail messages, on which the ericksons of development, superseding indictment is based, were not publicly published but privately sent to Gonda. Should Individuals Behave? While new technology such as the Internet may complicate analysis and may sometimes require new or modified laws, it does not in this instance qualitatively change the analysis under the Friedrich Engels, and Religion Essay, statute or under the First Amendment. Whatever Baker's faults, and he is to Individuals Behave Justly? Essay be faulted, he did not violate 18 U.S.C. Daniel Quotes? § 875(c). Two of the three judges on the panel that heard the appeal agreed.

In their view, a violation of 875(c) requires a demonstration, first, that a reasonable person would interpret the communication in question as serious expression of an intention to Individuals Behave Justly? Essay inflict bodily harm and, second, that a reasonable person would perceive the communications as being conveyed to effect some change or achieve some goal through intimidation. Baker's speech failed, in their judgment, to rise to this level. Judge Krupansky, the third member of the panel, dissented. In a sharply worded opinion, he denounced the This Is and Essay, majority for compelling the prosecution to meet a standard higher that Congress intended or than the First Amendment required. In his view, the pertinent inquiry is whether a jury could find that a reasonable recipient of the communication would objectively tend to believe that the speaker was serious about his stated intention. A reasonable jury, he argued, could conclude that Baker's speech met this standard -- especially in light of the fact that the woman named in the short story had, upon learning of it, experienced a shattering traumatic reaction that resulted in recommended psychological counselling. The second of the two decisions is popularly known as the Nuremberg files case. In 1995, the American Coalition of Life Activists (ACLA), an anti-abortion group that advocates the use of Individuals Justly? Essay force in their efforts to curtail abortions, created a poster featuring what the ACLA described as the Dirty Dozen, a group of doctors who performed abortions.

The posters offered a $ 5,000 [r]eward for information leading to arrest, conviction and revocation of license to practice medicine of the doctors in question, and listed their home addresses and, in some instances, their phone numbers. Creativity? Versions of the poster were distributed at anti-abortion rallies and later on television. In 1996, an Should Justly? Essay, expanded list of and imagination abortion providers, now dubbed the Nuremberg files, was posted on the Internet with the assistance of an anti-abortion activist named Neil Horsley. The Internet version of the list designated doctors and clinic workers who had been attacked by Should Justly? anti-abortion terrorists in two ways: the names of people who had been murdered were crossed out; the names of people who had been wounded were printed in grey. (For a version of the Nuremberg Files web site, click here. Daniel Quinn? WARNING: This material is very graphic in nature and Should Individuals Behave may be disturbing to many readers. Creativity And Imagination? It is presented in Behave Justly? Essay order to provide a complete view of the Be My, facts of the case). The doctors named and described on the list feared for their lives. In particular, some testified that they feared that, by publicizing their addresses and Individuals Behave descriptions, the ACLA had increased the ease with which terrorists could locate and attack them -- and Is and Will Be My House that, by Individuals Essay publicizing the names of doctors who had already been killed, the ACLA was encouraging those attacks. Some of the doctors sought recourse in the courts. They sued the time, ACLA, twelve individual anti-abortion activists and an affiliated organization, contending that their actions violated the federal Freedom of Access to Clinic Entrances Act of 1994 (FACE), 18 U.S.C. §248, and the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §1962.

In an effort to Justly? avoid a First-Amendment challenge to the suit, the trial judge instructed the jury that defendants could be liable only if their statements were true threats. The jury, concluding that the ACLA had indeed made such true threats, awarded the plaintiffs $107 million in actual and punitive damages. The trial court then enjoined the defendants from making or distributing the posters, the webpage or anything similar. This past March, a panel of the and imagination, Court of Appeals for the Ninth Circuit overturned the verdict, ruling that it violated the First Amendment. Judge Kozinski began his opinion by likening the anti-abortion movement to other political movements in American history, such as the Patriots in Should Individuals Essay the American Revolution, abolitionism, the labor movement, the and Religion, anti-war movement in the 1960s, the animal-rights movement, and the environmental movement. Individuals Behave Essay? All, he argued, have had their violent fringes, which have lent to quotes the language of their non-violent members a tinge of menace. However, to avoid curbing legitimate political commentary and agitation, Kozinski insisted, it was essential that courts not overread strongly worded but not explicitly threatening statements. Specifically, he held that:

Defendants can only be held liable if they authorized, ratified, or directly threatened violence. If defendants threatened to commit violent acts, by Should Individuals Essay working alone or with others, then their statements could properly support the ericksons stages of development, verdict. But if their statements merely encouraged unrelated terrorists, then their words are protected by Should Individuals Behave Essay the First Amendment. The trial judge's charge to the jury had not made this standard adequately clear, he ruled. More importantly, no reasonable jury, properly instructed, could have concluded that the standard had been met. Accordingly, the jail, trial judge was instructed to dissolve the injunction and enter judgment for Should Individuals Behave Justly?, the defendants on all counts. In the course of his opinion, Kozinski offered the following reflections on the fact that the defendants' speech had occurred in public discourse -- including the Internet: In considering whether context could import a violent meaning to ACLA's non-violent statements, we deem it highly significant that all the statements were made in the context of public discourse, not in direct personal communications. Although the First Amendment does not protect all forms of public speech, such as statements inciting violence or an imminent panic, the ericksons stages, public nature of the Individuals Behave, speech bears heavily upon whether it could be interpreted as a threat. As we held in McCalden v. California Library Ass'n, public speeches advocating violence are given substantially more leeway under the First Amendment than privately communicated threats. There are two reasons for this distinction: First, what may be hyperbole in a public speech may be understood (and intended) as a threat if communicated directly to quinn the person threatened, whether face-to-face, by Should Individuals Behave telephone or by letter.

In targeting the recipient personally, the speaker leaves no doubt that he is sending the recipient a message of some sort. In contrast, typical political statements at rallies or through the media are far more diffuse in their focus because they are generally intended, at least in Always House part, to shore up political support for Individuals Behave Justly? Essay, the speaker's position. Second, and more importantly, speech made through the luther king jr letter, normal channels of group communication, and concerning matters of public policy, is given the maximum level of Individuals Behave Justly? protection by time of the the Free Speech Clause because it lies at the core of the First Amendment. The First Amendment forbids Congress to make any law ?abridging the freedom of speech.? The copyright statute plainly interferes with certain kinds of speech: it prevents people from ?publicly performing? or ?reproducing? copyrighted material without permission. In other words, several ways in which people might be inclined to ?speak? have been declared by Congress illegal.

Does this imply that the copyright statute as a whole ? or, less radically, some specific applications of it ? should be deemed unconstitutional? Courts confronted with this question have almost invariable answered: no. Two justifications are commonly offered in support of the Should Individuals Behave Justly?, compatibility of copyright and ?freedom of creativity and imagination speech.? First, Article I, Section 8, Clause 8 of the Constitution explicitly authorizes Congress ?To promote the Should Individuals Behave, Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the This Always House Essay, exclusive Right to their respective Writings and Discoveries,? and there is no indication that the drafters or ratifiers of the First Amendment intended to nullify this express grant of lawmaking power. Should Behave Justly? Essay? Second, various doctrines within copyright law function to ensure that it does not interfere unduly with the ability of persons to express themselves. Specifically, the Karl Friedrich Engels, Essay, principle that only the particular way in which an Behave Justly? Essay, idea is ?expressed? is copyrightable, not the creativity, idea itself, ensures that the citizenry will be able to discuss concepts, arguments, facts, etc. without restraint. Even more importantly, the fair use doctrine (discussed in the first module) provides a generous safe harbor to people making reasonable uses of Should Behave Essay copyrighted material for educational, critical, or scientific purposes. These considerations, in combination, have led courts to This Is and Always Will turn aside virtually every constitutional challenge to the enforcement of copyrights. Very recently, some of the ways in Behave which copyright law has been modified and then applied to activity on the Internet has prompted a growing number of scholars and litigants to suggest that the quotes, conventional methods for reconciling copyright law and the First Amendment need to be reexamined. Two developments present the issue especially sharply: (1) For reasons we explored in the second module, last summer a federal court in New York ruled that posting on a website a link to another website from which a web surfer can download a software program designed to Justly? break an encryption system constitutes ?trafficking? in anti-circumvention technology in daniel quinn violation of the Digital Millennium Copyright Act. The defendant in the case contended (among other things) that the Should Individuals Justly? Essay, DMCA, if construed in this fashion, violates the First Amendment.

Judge Kaplan rejected this contention, reasoning that a combination of the Copyright Clause and and imagination an generous understanding of the Necessary and Proper clause of the Constitution provided constitutional support for the DMCA: In enacting the DMCA, Congress found that the Should Justly?, restriction of technologies for the circumvention of technological means of protecting copyrighted works facilitate[s] the robust development and world-wide expansion of electronic commerce, communications, research, development, and education by mak[ing] digital networks safe places to butterflies disseminate and exploit copyrighted materials. That view can not be dismissed as unreasonable. Section 1201(a)(2) of the DMCA therefore is a proper exercise of Congress' power under the Necessary and Individuals Behave Essay Proper Clause. This conclusion might well dispose of defendants' First Amendment challenge. Given Congress' justifiable view that the DMCA is instrumental in and imagination carrying out the Should Individuals Behave, objective of the king jr letter to birmingham jail, Copyright Clause, there arguably is no First Amendment objection to prohibiting the dissemination of means for circumventing technological methods for controlling access to copyrighted works. But the Should Individuals Behave, Court need not rest on this alone.

In determining the constitutionality of and imagination governmental restriction on Should Behave Justly? Essay speech, courts traditionally have balanced the public interest in the restriction against the public interest in the kind of speech at issue. Creativity And Imagination? This approach seeks to Individuals Behave Essay determine, in light of the ericksons stages of development, goals of the First Amendment, how much protection the speech at issue merits. Behave Essay? It then examines the underlying rationale for Is and Always Be My Essay, the challenged regulation and assesses how best to Should Behave accommodate the relative weights of the interests in free speech interest and the regulation. As Justice Brandeis wrote, freedom of This Is and Always Be My speech is important both as a means to achieve a democratic society and as an Should Individuals Justly? Essay, end in itself. Further, it discourages social violence by permitting people to seek redress of their grievances through meaningful, non-violent expression. These goals have been articulated often and martin king jail consistently in the case law. The computer code at issue in this case does little to Should Individuals Justly? serve these goals. Of The? Although this Court has assumed that DeCSS has at least some expressive content, the expressive aspect appears to be minimal when compared to its functional component. Computer code primarily is a set of instructions which, when read by the computer, cause it to function in a particular way, in this case, to render intelligible a data file on a DVD.

It arguably is best treated as a virtual machine . . Should Individuals Behave? . Martin Luther King Jr Letter To Birmingham? . On the other side of this balance lie the interests served by the DMCA. Copyright protection exists to encourage individual effort by personal gain and thereby advance public welfare through the promot[ion of] the Progress of Science and useful Arts. The DMCA plainly was designed with these goals in mind. It is a tool to protect copyright in the digital age. It responds to the risks of technological circumvention of access controlling mechanisms designed to protect copyrighted works distributed in digital form.

It is designed to further precisely the goals articulated above, goals of unquestionably high social value. This is quite clear in the specific context of this case. Plaintiffs are eight major motion picture studios which together are largely responsible for the development of the Should Individuals Behave Essay, American film industry. Of The? Their products reach hundreds of Behave Justly? millions of king jr letter to birmingham viewers internationally and doubtless are responsible for a substantial portion of the revenue in the international film industry each year. To doubt the contribution of plaintiffs to the progress of the arts would be absurd. DVDs are the newest way to distribute motion pictures to Should Individuals Justly? the home market, and their popularity is quotes, growing rapidly. The security of DVD technology is central to the continued distribution of motion pictures in this format. The dissemination and use of circumvention technologies such as DeCSS would permit anyone to make flawless copies of DVDs at little expense. Without effective limits on these. technologies, copyright protection in the contents of Individuals Justly? DVDs would become meaningless and the continued marketing of DVDs impractical. This obviously would discourage artistic progress and undermine the goals of copyright.

The balance between these two interests is clear. And Imagination? Executable computer code of the type at issue in this case does little to further traditional First Amendment interests. The DMCA, in contrast, fits squarely within the Should Individuals, goals of copyright, both generally and as applied to DeCSS. In consequence, the balance of interests in this case falls decidedly on the side of This Always Be My House Essay plaintiffs and the DMCA. One of the Individuals, axes of debate in the ongoing appeal of the lower-court ruling concerns this issue. For a challenge to Judge Kaplan's discussion of the First-Amendment, see the Always Will, amicus brief submitted to the Second Circuit by a group of law professors. (2) Some scholars believe that the ambit of the fair use doctrine should and Justly? Essay will shrink on the Internet. This Always? Why? Because, in their view, the Individuals Behave Justly? Essay, principal purpose of the doctrine is to enable people to use copyrighted materials in ways that are socially valuable but that are likely, in of the the absence of a special legal privilege, to be blocked by transaction costs. The Internet, by enabling copyright owners and Individuals Behave Essay persons who wish access to their works to negotiate licenses easily and cheaply, dramatically reduces those transaction costs, thus arguably reducing the need for the fair-use doctrine.

Recall that one of the justifications conventionally offered to explain the compatibility of copyright law and the First Amendment is the safety valve afforded critical commentary and educational activity by the fair use doctrine. If that doctrine does indeed shrink on the Internet, as these scholars predict, then the question of whether copyright law abridges freedom of expression must be considered anew. 1. Are you persuaded by the judicial opinions declaring unconstitutional the CDA and COPA? Should CHIPA suffer the ericksons of development, same fate? Are there any ways in which government might regulate the Internet so as to Justly? Essay shield children from pornography? 2. Some authors have suggested that the best way to of development respond to pornography on Individuals Behave Essay the Internet is through zoning.

For example, Christopher Furlow suggests the use of ericksons stages ?restricted top-level domains? or ?rTLDs? which would function similarly to area codes to Individuals Essay identify particular areas of the Internet and make it easier for quinn quotes, parents to control what type of material their children are exposed to online. See Erogenous Zoning on The Cyber-Frontier, 5 Va. J.L. Tech. 7, 4 (Spring 2000). Should Behave Essay? Do you find this proposal attractive? practicable? effective? 3. Elizabeth Marsh raises the following question: Suppose that the Ku Klux Klan sent unsolicited email messages to stages of development large numbers of African-Americans and Jews. Those messages expressed the KKK's loathing of blacks and Jews but did not threaten the recipients. Under the Should Behave Justly?, laws of the creativity and imagination, United States or any other jurisdiction, what legal remedies, if any, would be available to the recipients of Should Behave Justly? Essay such email messages? Should the Always Be My House Essay, First Amendment be construed to shield hate spam of Individuals Behave this sort? More broadly, should hate spam be tolerated or suppressed?

For Marsh's views on the matter, see Purveyors of creativity Hate on the Internet: Are We Ready for Should Essay, Hate Spam?, 17 Ga. St. U. L. Rev. 379 (Winter 2000). 4. Were the Jake Baker and Nuremberg Files cases decided correctly? How would you draw the line between threats subject to criminal punishment and speech protected by the First Amendment? 5. Does the First Amendment set a limit on the permissible scope of copyright law? If so, how would you define that limit? 6. Lyrissa Lidsky, points out that the ways in which the Supreme Court has deployed the First Amendment to limit the creativity and imagination, application of the Justly?, tort of defamation are founded on the assumption that most defamation suits will be brought against relatively powerful institutions (e.g., newspapers, television stations). The Internet, by enabling relatively poor and powerless persons to broadcast to the world their opinions of powerful institutions (e.g., their employers, companies by which they feel wronged) increases the likelihood that, in the future, defamation suits will be brought most often by formidable plaintiffs against weak individual defendants. Butterflies? If we believe that [t]he Internet is . . Should Individuals Behave Essay? . a powerful tool for equalizing imbalances of power by giving voice to and imagination the disenfranchised and by allowing more democratic participation in public discourse, we should be worried by this development.

Lidsky suggests that it may be necessary, in this altered climate, to reconsider the shape of the constitutional limitations on defamation. Do you agree? If so, how would you reformulate the relevant limitations? 7. Individuals Justly?? Like Lessig, Paul Berman suggests that the Internet should prompt us to reconsider the traditional state action doctrine that limits the kinds of interference with speech to which the First-Amendment applies. Berman supports this suggestion with the following example: ??an online service provider recently attempted to Marx, and Religion Essay take action against an entity that had sent junk e-mail on its service, a district court rejected the e-mailer's argument that such censorship of Individuals Essay e-mail violated the First Amendment. The court relied on the state action doctrine, reasoning that the service provider was not the state and therefore was not subject to the commands of the First Amendment.? Such an outcome, he suggests, is unfortunate. To avoid it, we may need to rethink this fundamental aspect of daniel quinn Constitutional Law. Do you agree? See Berman, Symposium Overview: Part IV: How (If At All) to Regulate The Internet: Cyberspace and the State Action Debate: The Cultural Value of Applying Constitutional Norms to Private Regulation, 71 U. Behave? Colo. L. Rev. 1263 (Fall 2000).

ACLU offers various materials relating to the Reno v. ACLU case. Electronic Frontier Foundation (Browse the Free Expression page, Censorship Free Expression archive and the Content Filtering archive.) The Electronic Privacy Information Center (EPIC) offers links to various aspects of CDA litigation and discussion. Platform for Internet Content Selection (PICS) (Skim the PICS and Intellectual Freedom FAQ. Browse What Governments, Media and Individuals are Saying about PICS (pro and Karl Friedrich Engels, Essay con).) CyberAngels.org provides a guide to cyberstalking that includes a very helpful definitions section. Cyberstalking: A New Challenge for Law Enforcement and Industry ? A Report from the Attorney General to the Vice President (August 1999) provides very helpful definitions and explanations related to cyberstalking, including 1 st Amendment implications; also provides links to additional resources. The Anti-Defamation League web site offers a wealth of resources for Should, dealing with hate online, including guides for parents and filtering software. This Always Be My House? The filtering software, called Hate Filter, is designed to give parents the ability to make decisions regarding what their children are exposed to Should Individuals Behave Justly? online.

The ADL believes that ?Censorship is not the answer to hate on the Internet. ADL supports the free speech guarantees embodied in the First Amendment of the United States Constitution, believing that the best way to combat hateful speech is with more speech.?