Miller vs. California

Miller vs. California is a landmark case held in 1973 that led to a legal definition of obscene and a confirmation that the 1st amendment does not include pornographic materials. In this case Marvin Miller had appealed in the Supreme Court against a ruling that had seen him being guilty of a misdemeanor. He had carried out an activity of mass mailing advertisements for adult books. This particular case had seen him send these materials to a hotel; the hotel manager and his mother opened these. They sued Marvin miller claiming that they had not solicited for them. A California court had found him guilty for knowingly and intentionally having distributed pornographic materials. The case was forwarded to the Supreme Court where the former ruling was affirmed. Miller’s arguments were revolving around the perceived protection of the freedom of speech by the first amendment. His act was protected by the constitution. There was also contention on the legal definition of the word obscenity. The judge’s decision was based on an argument that obscenities and pornographic materials were not protected by the first amendment. The state, the court argued, had the powers, and the right to regulate the flow of those materials. What is obscene, they stated was to be determined by the application of â€Å"contemporary community standards† as opposed to â€Å"national standards† (www.acluprocon.org) The court in making this ruling had a gigantic task trying to define pornography and obscenities. In the end, the court was in agreement after, long reviews, of the legal definition of obscenity which hence it said would be: †¦limited to works which taken as a whole, appeal to the prurient interest in sex, which portray sexual conduct in a patently offensive way, an which taken as a whole, do not have serious literacy, artistic, political or scientific value. (www.law.kmkc.edu). If an average person finds these materials appealing to sex in a morally corrupt manner and if it lacks in any political artistic or social usefulness then it shall be considered offensive and the publicist be liable to a misdemeanor. The miller’s arguments on the protection of his publication by the first amendment were quashed on those grounds. This ruling drew much opposition as well as support. It was as controversial as the subject itself. It was playing around a thin balance of morality and the fundamental freedom of speech. One of the fallacies available in this court ruling emanates from the belief that the state and the court are supposed to uphold the freedom of speech as one of the key constitutional rights. How then does this same court rule against a principle it real posits to protect. The ruling that the first amendment does not extend to protect pornography is not understandable. It seems the court holds pornographic materials as being special and not a form of expression. The decision on what was to be considered obscene and what is to be regarded as socially acceptable was made in a very subjective manner. This was worsened by the claim that it was to be made by an average person in consideration of â€Å"contemporary community standards†. This means that there will be differing criterion to gauge the obsceneness of materials and contents. Different federal states hence can arrive at different verdicts regarding the issue of pornography. The question would be posed about why double standards were to be applied in the different states. The agreement also on community standards is also bound to be confusing. There is no specific criterion on how the people in a state would come to an agreement as to what community standards are to be considered proper. The definition of obscenity passed in the ruling excludes serous political and literary materials or any material that can be considered important to the society. Ambiguity thrives in the term serious. It is not also clear who is supposed to decide what is to be termed as serious or not serious. Serious materials would mean different things especially in the diversities that exist in the United States (www.csulb.edu). The ruling had it that the state had authority to censor any materials considered obscene. It is to act as a moral guardian. Questions rages on the harm caused by these publications that would see the state go to an extent of suppressing freedom of speech. The consequences of allowing pornography are not clear as other materials such as films with violent scenes are allowed free circulation and yet people do not get violent. It is understandable however where the court was coming from unsolicited obscene mails is not excusable but gagging their publication and public’s voluntary access to them is not understandable. Work Cited Miller Vs. California. Aclu Procon.org case No. 250. September 2007 Miller Vs. California. Supreme Court of the United States. Decided on June 21, 1973. 12 September 2007 http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/miller.html Julie C Van Camp. Freedom of Expression at the National Endowment for the Arts. 4th July 2005.   12 September 2007

Professional ethics Essay Example | Topics and Well Written Essays - 500 words

Professional ethics - Essay Example The professional ethics usually go in line with the moral ethics, placing expectations to the members of the profession to act in a morally permissible manner. Examples of common professional ethics that cut across all professions include loyalty, transparency, integrity, honesty, among others. Some professionals such as medical practitioners have their own universal code of ethics which are observed world-wide by all the members of that profession. All medical doctors have to abide to the ‘Hippocratic oath’, which is their universal form of professional ethics. Professional ethics are very important not only for the professionals but also for the members of the public. They place some responsibilities on members of a certain profession in line with the training and expectations of the society from the professions. For example, professional ethics of a police officer give him or her responsibility of maintaining law and order, preventing crime and ensuring the general wellbeing of the society. It would thus be against the professional ethics of a police officer if a crime is committed in his presence and the officer does not respond to the situation. On the contrary, an ordinary citizen or member of another profession who has no training in law enforcement will not be held responsible for being unable to stop a crime in progress as that is not his/her responsibility. Professional ethics also aid in ensuring optimum service delivery by members of a profession by maintaining discipline within the profession. For example, professional ethics expect members of a profession always to strive to deliver as per the main objectives of the profession without looking at monetary gain. This means that for one to be a member of a given profession, he or she must have a passion and will to serve the people as per what the society expects of them without looking at how much he/she will gain from doing so. For example, it is professional ethics that

Hamlet's feigned madness and Ophelia's real madness Essay

Hamlet's feigned madness and Ophelia's real madness - Essay Example Hamlet displays a number of weird behaviors during the play. He defies the ghost orders of killing Claudius for a number of reasons (1.1.12). According to the Roman and Greek revenge tragedies, it is unusual to kill a king and spare the queen. Hamlet does not have enough anger in him to revenge for murder, but he angers it with enough compassion to spare his mother’s incest actions. He delays inflicting and suffering death because posing on death’s edge guides him to a sequence of highly illuminating insights and moments that he shares with the audience. Hamlet wants to be sure that Claudius is completely guilty before he decides to revenge his father’s death. He unfortunately gets proof that happens to be a trap (1.5.40). Claudius arrest Hamlet and takes him out of the country. When Hamlet finally decides to commit the act, he ends up killing the wrong man by the name Polonius (4.1). It is significant to note that Hamlet is particularly discontented and melancho ly with Denmark’s state of affairs and in his family. He feels betrayed and disappointed that his mother married his uncle so early after his father dies. His words, when talking about his mother, frequently indicate his distrust of and repulsion with women generally. During various scenes in the play, he considers dying and contemplates suicide. Nevertheless, regardless of all of the things with which Hamlet admits dissatisfaction, it is noteworthy that he should think about these issues only in philosophical and personal terms. The madness that Hamlet displays starts as anguish for his father’s death. Out of distress, he wishes that his flesh would melt and turn into dew. He undergoes many emotions when his mother chooses to marry Claudius,... The paper tells that the difference between Hamlet and other plays about revenge is that, in Hamlet the viewer never sees the revenge happening. The play does not show the audience the expected; rather it continually postpones the revenge of Hamlet. The delay is because Hamlet attempts to gain more certain knowledge concerning what he is doing. In Hamlet, certainty together with emotions, psychology and ethics affect actions. Hamlet himself seems to doubt the notion that it is probable act in a purposeful and controlled way. He prefers to act violently, blindly and recklessly when he chooses to do so. The argument is whether Hamlet is truly mad or just acting. Hamlet’s madness is among the various unanswered questions that the play raises, an impossible mystery. All the same, the intricacy and sheer uncertainty of Hamlet's mental state and inconsistent behavior is undeniable and appears to speak to the overall doubt and uncertainty atmosphere of the play. The clear descent of Ophelia into madness, and later drowning, is fairly of a dissimilar issue. Critics agree that Ophelia goes mad due to the constant abuse from Hamlet. She cracks under the burden of patriarchal forces that has significant implications for the portrayal of sex and gender in the play. It is not a mistake that it is impossible for the audience to know the real mental state of Hamlet. The uncertainty of the audience reflects the common doubt and ambiguity that characterizes the whole play.

Noble Cause and the Mean-Ends Dilemma Research Paper

Noble Cause and the Mean-Ends Dilemma - Research Paper Example In this case a police officer would have to choose for example between giving a warning to a criminal who may end up repeating the act or arresting them with the first crime hence preventing the second. Many crimes are committed in the name of noble-cause corruption by the police some violating a citizen’s civil rights. An example is when police believe a suspect committed a crime but due to lack of enough evidence they conjure up their own additional evidence to have it their way. As much as it is a useful method in protecting the victims, in most cases it ends up being unfair to the suspect who could be innocent. As the new police chief to a corrupt police department, I shall endeavor to deal with the corruption right from its roots. It is easy for police to justify their acts in the name of noble-cause corruption when in the real sense it is simply personal bias that guides them. In the case of racial profiling by the department’s officers, it shall be ensured that all races are represented in equal proportions. There shall be as many Latino officers as Hispanics, as many Blacks as Caucasians. This does away with the stereotypes that are ingrained in the corrupt and racist officers (Pollock, 2011). By close interaction, White officers shall become aware of the fact that Latino or Black citizens are human beings like themselves. Discrimination that is based on sex shall be dealt with by gender balance. This shall see to the fair treatment of female suspects by male officers and male suspects by female officers. Since it is the females that suffer most atrocities, severe punishment shall be issued to male officers who also mishandle their female counterparts. It is not a surprise that there are officers who leak information to drug cartels and criminal gangs. These moles ensure that efforts by officers to arrest the criminals are mostly frustrated. Such officers shall be carefully sought and weeded out

Abraham Lincoln Research Paper Example | Topics and Well Written Essays - 500 words

Abraham Lincoln - Research Paper Example The article has also discussed about his role in binding both the North and the South and peace which has been brought due to his efforts. However, despite his mild and good-hearted character, his followers seem to be provoked on his death and efforts were made subsequently to change his character and his nature. For example, many attempted to make a pious and religious man despite the fact that he was not interested in being following religion the way people were following it. (Time) Article by Jon Swaine which appeared in Telegraph on Feb 11, 2011 suggested that till his last days, Lincoln wanted free black slaves to be shipped to British colonies. This article suggests that though Lincoln was an anti-slavery politician who took practical efforts to denounce slavery in the country and freed four million slaves in America however, was interested in idea of sending slaves to British colonies. The overall purpose of this idea was to disallow blacks to live among American whites. This therefore creates an impression that Lincoln was supporter of colonialism and relatively held racist views about blacks. This article attempts to challenge one of the key assumptions about Lincoln and his overall images which emerged over the period of time. (Swaine) The article â€Å"Lincoln Reconsidered† discusses about his time as a politician before and during civil war. This essay argues about the basic political philosophies of Lincoln and argues against the popular notion that Lincoln was an archetypal republican and a person who attempted to reconstruct the ideological differences between different groups within the country. Author therefore gives an entirely different version about the way he considers Lincoln as the republican or not. Author argues that it was not only Lincoln who was advocating against slavery and other ills of American society at that time but Newspapers as well as other Republicans were also voicing same concerns. (Holt) The above articles

Structural Transformation through E-business Essay

Structural Transformation through E-business - Essay Example Fred Smith of FEDEX Corp built up his business by identifying a need – the need of Companies for timely delivery of important documents. He invested large amounts of capital in building up an expensive transportation network, because of his belief that a strong market existed among businesses for overnight delivery of time sensitive documents. A centralized computer system existed which kept track of all packages delivered and this was known as COSMOS (Customer Operation, Service Master Online System). A bar code was placed on every package at the pick up point and scanned at every stage of the delivery process. Fred Smith realized early on that the Internet would play a significant part in revolutionizing the logistics of the transportation industry. The centralized database system was improved by introducing various pioneering features, such as handing out PCs with FEDEX software for tracking of packages, hand held signature devices that delivery agents could use to record s ignatures and a website that contained information on package delivery status. Using EDI and the Internet, FEDEX also worked backwards along the supply chain and provided management services at several points along it, where different services could be provided; for example, transportation, inventory control, purchasing, etc. 3. In the achievement of its goals, FEDEX has capitalized the vision of its founder, Smith who believed the success of the Company lay in IT(Lappin, 1996) and has implemented IT systems that are geared towards strengthening its e-commerce operations. The realization that information systems could play a vital role in ensuring the success of business has enabled the Company to survive and gain a head start in package delivery (www.garyclarke.com).

A Climate for Change Essay Example for Free

A Climate for Change Essay General Motors has been through some difficult times the past ten years or so and appears to have learned some hard lessons. Based on these lessons, General Motors has begun to adopt a strategy of restoring profitability to its North American operations, by aggressive marketing, redesigned products, adopting to new Human resource strategy and a profit rather than a market share goal. Since this assignment is on strategic human resource management, I will be concentrating more on GMs Functional Strategy in HR, which played a major role for GMs success. General Motors Human Resource Management Most companies do not view the HR department as a strategic business partner or as an indispensable part of the organisation (Terri Kabachnick, 1999). By analysing executive assessments, they usually show merchandising, finance, or marketing in the top spot when each departments value and contribution to the companys success as perceived by the company are rated. HR inevitably ranks last, coupled with loss prevention. Traditional HR departments within large, multi-national corporations tend to be powerless with the logistics of managing processes across many departments spanning multiple countries. In addition, GM, like other multi-nationals, has multiple HR groups one at the corporate level and additional ones for each business unit within the corporation. These HR groups typically do not have a central repository of information and lack a coordinated communications infrastructure. As a result, the HR processes of large, multi-national corporations generally are redundant and inefficient. In addition, the sheer number of third-party vendors used by an HR department to handle discrete functions makes management of the process challenging. By necessity, these departments predominantly have focused on administrative functions and typically dont have the time or the resources to devote to strategic planning. At the same time, many are facing a dramatic reduction in resources, and cost-cutting efforts primarily have focused on reducing staff, rather than re-engineering service delivery. A Climate for Change: While many businesses flourished during the boom years of the 1990s, GM, like other U.S.-based automakers, struggled to maintain the status quo. During those years, GMs market share continued to shrink as a steady stream of consumers bought cars from its Japanese, German and Korean competitors. When Wagoner took over as president and chief executive officer of GM in 1998, he knew the company had to change its approach to manufacturing and selling cars or it would continue a downward spiral and eventually lose its place as the worlds pre-eminent automaker. Wagoner set into motion an effort to reorganize and rebuild GM from the inside out. One of Wagoners primary objectives was to refocus and revamp the companys HR department. Wagoner thought HR is paramount to GMs reorganisation effort. If they were to hire, train and keep the best workforce possible, then it must have the best and most up-to-date HR practices possible. While the change in HR is just one element of making GM a more globally focused and competitive company, it is a key element. GM has always been a very siloed corporation with all of its different divisions functioning like separate companies. There have been numerous reorganisation efforts at GM, and most have not fared well, because of the turf battles and independent nature of GMs divisions. However, GM appears to be taking a different approach. Focusing on HR and making it a key element in the reorganisation effort, which GM has never really attempted before. One real challenge has been the effects of change on one large organisation which has set itself to comfort,so to get GMs management team to completely buy into the strategic role for HR was a task in itself. Middle management, however, has been a different story, they were more resistant to change than their managers. But, the effort is under way, and senior-level executives are well aware that it is an evolution not a revolution and therefore will take some time. The key to making the evolution work, is to find the points of resistance and to try to make them understand the need for change. And if they continue to resist then personnel changes should be considered.as the cost is quite big to barter. I personally feel that the approach which GM adopted, provides a best fit to its work environment and structure.