Cantwell V State Of Connecticut - Free Essay Example

Sample details Pages: 7 Words: 2218 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? Newton Cantwell and his two sons, Jesse and Russell, members of a group known as Jehovahs witnesses, and claiming to be ordained ministers, were arrested in New Haven, Connecticut, and each was charged by information in five counts, with statutory and common law offenses. After trial in the Court of Common Pleas of New Haven County each of them was convicted on the third count, which charged a violation of 6294 of the General Statutes of Connecticut,1 and on the fifth count, which charged commission of the common law offense of inciting a breach of the peace. On appeal to the Supreme Court the conviction of all three on the third count was affirmed. Don’t waste time! Our writers will create an original "Cantwell V State Of Connecticut" essay for you Create order The conviction of Jesse Cantwell, on the fifth count, was also affirmed, but the conviction of Newton and Russell on that count was reversed and a new trial ordered as to them. 2 By demurrers to the information, by requests for rulings of law at the trial, and by their assignments of error in the State Supreme Court, the appellants pressed the contention that the statute under which the third count was drawn was offensive to the due process clause of the Fourteenth Amendment because, on its face and as construed and applied, it denied them freedom of speech and prohibited their free exercise of religion. In like manner [310 U.S. 296, 301] they made the point that they could not be found guilty on the fifth count, without violation of the Amendment. The facts adduced to sustain the convictions on the third count follow. On the day of their arrest the appellants were engaged in going singly from house to house on Cassius Street in New Haven. They were individually equipped with a bag containing books and pamphlets on religious subjects, a portable phonograph and a set of records, each of which, when played, introduced, and was a description of, one of the books. Each appellant asked the person who responded to his call for permission to play one of the records. If permission was granted he asked the person to buy the book described and, upon refusal, he solicited such contribution towards the publication of the pamphlets as the listener was willing to make. If a contribution was received a pamphlet was delivered upon condition that it would be read. Cassius Street is in a thickly populated neighborhood, where about ninety per cent of the residents are Roman Catholics. A phonograph record, describing a book entitled Enemies, included an attack on the Catholic religion. None of the persons interviewed were members of Jehovahs witnesses. The statute under which the appellants were charged provides: No person shall solicit money, services, subscription s or any valuable thing for any alleged religious, charitable [310 U.S. 296, 302] or philanthropic cause, from other than a member of the organization for whose benefit such person is soliciting or within the county in which such person or organization is located unless such cause shall have been approved by the secretary of the public welfare council. Upon application of any person in behalf of such cause, the secretary shall determine whether such cause is a religious one or is a bona fide object of charity or philanthropy and conforms to reasonable standards of efficiency and integrity, and, if he shall so find, shall approve the same and issue to the authority in charge a certificate to that effect. Such certificate may be revoked at any time. Any person violating any provision of this section shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both. The facts which were held to support the conviction of Jesse Cantwell on the fifth coun t were that he stopped [310 U.S. 296, 303] two men in the street, asked, and received, permission to play a phonograph record, and played the record Enemies, which attacked the religion and church of the two men, who were Catholics. Both were incensed by the contents of the record and were tempted to strike Cantwell unless he went away. On being told to be on his way he left their presence. There was no evidence that he was personally offensive or entered into any argument with those he interviewed. The court held that the charge was not assault or breach of the peace or threats on Cantwells part, but invoking or inciting others to breach of the peace, and that the facts supported the conviction of that offense. The record played by Cantwell embodies a general attack on all organized religious systems as instruments of Satan and injurious to man; it then singles out the Roman Catholic Church for strictures couched in terms which naturally would offend not only persons of that persuasion, but all others who respect the honestly held religious faith of their fellows. The hearers were in fact highly offended. One of them said he felt like hitting Cantwell and the other that he was tempted to throw Cantwell off the street. The one who testified he felt like hitting Cantwell said, in answer to the question Did you do anything else or have any other reaction? No, sir, because he said he would take the victrola and he went. The other witness testified that he told Cantwell he had better get off the street before something happened to him and that was the end of the matter as Cantwell picked up his books and walked up the street. In introduction also say that the Court vacated the breach of peace conviction Mr. Justice ROBERTS, delivered the opinion of the Court. . . . [301] The statute under which the appellants were charged provides: No person shall solicit money, services, subscriptions or any valuable thing for any alleged religious, charitable [302] or philanthropic cause, from other than a member of the organization for whose benefit such person is soliciting or within the county in which such person or organization is located unless such cause shall have been approved by the secretary of the public welfare council. Upon application of any person in behalf of such cause, the secretary shall determine whether such cause is a religious one or is a bona fide object of charity or philanthropy and conforms to reasonable standards of efficiency and integrity, and, if he shall so find, shall approve the same and issue to the authority in charge a certificate to that effect. Such certificate may be revoked at any time. Any person violating any provision of this section shall be fined not more than one hundred dollars or imprisoned not m ore than thirty days or both. . . . [303] First. We hold that the statute, as construed and applied to the appellants, deprives them of their liberty without due process of law in contravention of the Fourteenth Amendment. The fundamental concept of liberty embodied in that Amendment embraces the liberties guaranteed by the First Amendment. The First Amendment declares that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. The Fourteenth Amendment has rendered the legislatures of the states as incompetent as Congress to enact such laws. The constitutional inhibition of legislation on the subject of religion has a double aspect. On the one hand, it forestalls compulsion by law of the acceptance of any creed or the practice of any form of worship. Freedom of conscience and freedom to adhere to such religious organization or form of worship as the individual may choose cannot be restricted by law. On the other hand, it safeg uards the free exercise of the chosen form of religion. Thus the Amendment embraces two concepts,-freedom to believe and freedom to act. The first is absolute but, in the nature of things, the [304] second cannot be. Conduct remains subject to regulation for the protection of society. The freedom to act must have appropriate definition to preserve the enforcement of that protection. In every case the power to regulate must be so exercised as not, in attaining a permissible end, unduly to infringe the protected freedom. No one would contest the proposition that a state may not, by statute, wholly deny the right to preach or to disseminate religious views. Plainly such a previous and absolute restraint would violate the terms of the guarantee. It is equally clear that a state may by general and non-discriminatory legislation regulate the times, the places, and the manner of soliciting upon its streets, and of holding meetings thereon; and may in other respects safeguard the peace, goo d order and comfort of the community, without unconstitutionally invading the liberties protected by the Fourteenth Amendment. The appellants are right in their insistence that the Act in question is not such a regulation. If a certificate is procured, solicitation is permitted without restraint but, in the absence of a certificate, solicitation is altogether prohibited. The appellants urge that to require them to obtain a certificate as a condition of soliciting support for their views amounts to a prior restraint on the exercise of their religion within the meaning of the Constitution. The State insists that the Act, as construed by the Supreme Court of Connecticut, imposes no previous restraint upon the dissemination of religious views or teaching but merely safeguards against the perpetration of frauds under the cloak of religion. Conceding that this is so, the question remains whether the method adopted by Connecticut to [305] that end transgresses the liberty safeguarded by the Constitution. The general regulation, in the public interest, of solicitation, which does not involve any religious test and does not unreasonably obstruct or delay the collection of funds, is not open to any constitutional objection, even though the collection be for a religious purpose. Such regulation would not constitute a prohibited previous restraint on the free exercise of religion or interpose an inadmissible obstacle to its exercise. It will be noted, however, that the Act requires an application to the secretary of the public welfare council of the State; that he is empowered to determine whether the cause is a religious one, and that the issue of a certificate depends upon his affirmative action. If he finds that the cause is not that of religion, to solicit for it becomes a crime. He is not to issue a certificate as a matter of course. His decision to issue or refuse it involves appraisal of facts, the exercise of judgment, and the formation of an opinion. He is authorized to withhold his approval if he determines that the cause is not a religious one. Such a censorship of religion as the means of determining its right to survive is a denial of liberty protected by the First Amendment and included in the liberty which is within the protection of the Fourteenth. The State asserts that if the licensing officer acts arbitrarily, capriciously, or corruptly, his action is subject to judicial correction. Counsel refer to the rule prevailing in Connecticut that the decision of a commission or an administrative official will be reviewed upon a claim that it works material damage to individual or corporate rights, or invades or threatens such rights, or is so unreasonable as to justify judicial intervention, or is not consonant with justice, or that a legal duty has not [306] been performed. It is suggested that the statute is to be read as requiring the officer to issue a certificate unless the cause in question is clearly not a religious one ; and that if he violates his duty his action will be corrected by a court. To this suggestion there are several sufficient answers. The line between a discretionary and a ministerial act is not always easy to mark and the statute has not been construed by the State court to impose a mere ministerial duty on the secretary of the welfare council. Upon his decision as to the nature of the cause, the right to solicit depends. Moreover, the availability of a judicial remedy for abuses in the system of licensing still leaves that system one of previous restraint which, in the field of free speech and press, we have held inadmissible. A statute authorizing previous restraint upon the exercise of the guaranteed freedom by judicial decision after trial is as obnoxious to the Constitution as one providing for like restraint by administrative action. Nothing we have said is intended even remotely to imply that, under the cloak of religion, persons may, with impunity, commit frauds upon the public. Certainly penal laws are available to punish such conduct. Even the exercise of religion may be at some slight inconvenience in order that the state may protect its citizens from injury. Without doubt a state may protect its citizens from fraudulent solicitation by requiring a stranger in the community, before permitting him publicly to solicit funds for any purpose, to establish his identity and his authority to act for the cause which he purports to represent. The state is likewise free to regulate the time [307] and manner of solicitation generally, in the interest of public safety, peace, comfort or convenience. But to condition the solicitation of aid for the perpetuation of religious views or systems upon a license, the grant of which rests in the exercise of a determination by state authority as to what is a religious cause, is to lay a forbidden burden upon the exercise of liberty protected by the Constitution. . . .

The Threat Of Terrorism The United States Constitution

Sometimes it is far easier to do what is best for oneself rather than what is best for the group. This decision is usually motivated by fear. Fear is generally a destructive force in society, allowing the strong to take advantage of the weak. The threat of terrorism creates a fear that allows government agencies to subvert the United States Constitution and common morals out of the threat that they will be unable to combat terrorism without performing these rights violations. After the attacks on New York City and Washington, D.C. on September 11th, 2001, the United States Congress passed the USA PATRIOT (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) Act (â€Å"NSA Surveillance Programs†). This act essentially gives a blank check of domestic and foreign rights violations to the federal government, specifically the National Security Agency, as long as the violation is done in the name of fighting terrorism. Reports came out numerous times over the next decade, specifically December 2005, May 2006, and March 2012, detailing how the National Security Agency was able to stretch its powers, even beyond this liberal and controversial bill, to surveil its citizens’ private phone conversations with neither warrants nor provable suspicion of a crime taking or about to take place (â€Å"NSA Surveillance Programs†). The former of these reports was by the New York Times, which had known for nearly a year about this program butShow MoreRelatedFreedom Isn t Free : Combating Terrorism1709 Words   |  7 PagesIsn’t Free: Combatting Terrorism Means Setting Aside Constitutional Liberties Derek Davis Liberty University CJUS 400 – B02 Johnny Sanders â€Æ' Freedom Isn’t Free: Combatting Terrorism Means Setting Aside Constitutional Liberties Throughout history, America has been confronted by opponents who wish to challenge its sovereignty. 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My Childhood and Tomato Pie Essay Example For Students

My Childhood and Tomato Pie Essay When I was a child, I didn’t do much with my mom; different interests, I guess. She was more of an indoor person, someone who would rather stay in the house and read a book on a sunny day then play outside. Me? I was the complete opposite. Though we did have one thing in common, we both enjoyed cooking. My mom rarely went in the kitchen but when she did she would make the most wacky but delicious food. The best dish she made in my opinion was Tomato Pie. When she first made it for dinner I thought it ­ was odd that she would put tomato and pie together. Isn’t pie supposed to be sweet? Not savory,† I thought in my head. My mom asked me if I wanted to taste it. I politely passed. I wasn’t the kind of person who would willingly try new dishes, but when I said â€Å"no† she looked sad for a minute. I didn’t want to hurt her feelings but I didn’t want to try her tomato pie either. After hearing my dad and sisters complementing the pie and going for seconds I decided to suck it up and try it. I put some onto my plate, along with some steak and salad. I obviously ate the steak and salad first purposely leaving the tomato pie last on my plate. I poked at it first then filled up my fork one eight full of the tomato pie. I held my breath and slowly placed it into my mouth. As soon as I put the pie into my mouth my eyes opened wide, it was the most delicious thing I have ever tasted. The burst of the juicy tomato’s flavor and how well it complemented the cheese and mayo topping was surprising. I must have had about five more pieces of pie after that. A month had passed since I had tried my mom’s tomato pie and she promised to make it with me. We went to the grocery store and picked up all the necessary ingredients. It must have taken about an hour trying to find the perfect tomato. The perfect tomato would be dark red with a vibrant green stem. The tomato would also need to be big and round and have no bruises. These kinds of tomatoes are perfect for our pie. When we finally finished grocery shopping and went home it was time to bake our pie. My favorite part was making the pie crust because my mom made the best tomato pie crust. After the pie crust finished cooking we had to fill it with all the other ingredients. While my mom was cutting the tomatos into slices I was busy sneaking some of the cooked pie crust into my mouth when she wasn’t looking. After we put all the ingredients into the pie we had to bake it. It felt like it took a thousand years before it finished baking. When it was finally done I had the first piece and I must say, I tasted better then the first time she made it, and it only kept getting better. This was a start of a brand new tradition between my mom and me. We made tomato pie on every other week and kept to this routine for about 3 months then slowly stopped making it. Ever since my parent’s divorce we stopped making tomato pie together. I once tried to make it all by myself but I messed up countless times. Once I even forgot to poke holes into the crust then when I baked it the whole thing blew up like a balloon. Even the successful one doesn’t turn out as well as the ones and mom and me makes. I hope we make tomato pie soon because I want to eat some more of her crust.

International Quality Assurance Engineering -Myassignmenthelp.Com

Question: Discuss About The International Quality Assurance Engineering? Answer: Introduction Peer-to-peer learning is an educational strategy which covers a broad range of practices. In this approach, students learn new topics from other students rather than from teachers. In Peer-to-peer learning strategy management, students teach fellow peers and learn from them as well. The role of Peer-to-peer learning is continuously growing in the higher education system. In Peer-to-peer learning approach, students face various problems such as lack of experience and knowledge, collusion between peers, academic misconduct, and many others (Lang, Craig Casey, 2017). Along with several issues, Peer-to-peer learning approach includes various opportunities as well. The opportunities in Peer-to-peer learning include more self-confident students, less dependability on teachers, increased the ability to learn and many others (Williams Reddy, 2016). This report will examine the problem of low confidence which is faced by most students which increases their dependence on teachers. In this re port, various problems and opportunities regarding Peer-to-peer learning approach will be discussed, and recommendations will be given to students based on the issues. Secondary research will be conducted in the report through peer-reviewed journals and books to analyse the role and importance of Peer-to-peer learning. The purpose of this report is to analyse how Peer-to-peer learning promotes independence among students by evaluating its opportunities and problems. Finding and Discussion Peer-to-peer learning approach requires students to learn the course material and teach them to others which assist them in understanding the skills of learning which makes them independent. Independent learners are also called autonomous learners because they have the skills to learn new topics without the assistance of an experienced teacher. The ability to learn also assists students in the lifelong learning process and helps them become self-educated (Basnak, Ortynski, Chow Nzekwu, 2017). In Peer-to-peer learning strategy, students are requiring evaluating others and their own work which assists them in understanding their strengths and weaknesses. Self-evaluation makes them aware of the issue faced by them during the learning process, and they can use this information to improve their ability to learn. Through, students face the risk of collusion while evaluation others work but it also assists them analysing their learning abilities (Polishetty, Littlefair Patil, 2016). Stude nts can understand what their weaknesses are and how their peers are tackling such issues which assist them in improving their ability to learn and become autonomous learners. Therefore, self-evaluation in Peer-to-peer learning strategy increases students ability to learn by addressing their weaknesses which makes them more independent. Lack of Dependability on Teachers Peer-to-peer learning approach requires students to understand and teach the topic to their fellow students which reduces their dependence on teachers. Highly dependent students face various difficulties in their lives because they did not have the ability to learn. Without the assistance of teachers, the students find it difficult to learn and understand new topics on their own (van der Sande, Hendrickx, Boor-Klip Mainhard, 2017). Peer-to-peer learning approach challenges students to test their ability to learn new topic without the assistance of teachers. The number of overly dependent students is growing continuously growing because it is easier for students to connect with their teachers through online sources. Due to over-dependence, many students failed to evaluate their abilities and skills. Students are becoming highly dependent on teachers which negatively affect their learning abilities (Bulotsky-Shearer, Bell Dominguez, 2012). Highly dependent students lack creativity wh ich negatively affects their academic careers. In Peer-to-peer learning approach, the students depend upon their own skills which challenge them to learn new topics on their own rather than depending upon teachers. Therefore, lack of dependability on teachers encourages students to learn and teach new topics on their own which increases their independence. Self-confident Students In Peer-to-peer learning strategy, the students evaluate their strengths and weaknesses which increase their self-confidence and assist them in lifelong learning process that makes them independent. In Peer-to-peer learning approach, students learn with their fellow students who are also facing the similar issues as them. Different students bring different strengths in the group which establishes a dynamic environment that promotes Synergy between students (Brooks Koretsky, 2011). The peers learn from the experiences and strengths of other students which creates synergy between them. Synergy is the key goal in Peer-to-peer learning approach because it increases effectiveness of learning and it also assists in lifelong learning of students. Synergy between students increases their ability to work in groups which is important for lifelong learning (Anderson, Tenenbaum, Ramadorai Yourick, 2015). Effective synergy allows students to effectively taking the criticism and analysing their weaknesses which improves their learning skills and makes them self-confident. Therefore, self-confident students have the ability to learn new topics on their own which increases their lifelong learning skills and make them independent. Increased Student Engagement Peer-to-peer learning strategy promotes independence in students because it provides them various sources for engagement in the learning process, and they are requiring performing various teaching activities by themselves. Accounting to Boud, Cohen and Sampson (2014), Peer-to-peer learning strategy is not a single educational approach; instead, there are a number of models that can be implemented by students during studies such as workplace monitoring, community activity, peer-assessment schemes, and many others. Due to the advancement of technology, students have different opportunities to connect with their fellow students in Peer-to-peer learning approach. For example, there are both formal and informal sources through which students can connect with others in Peer-to-peer learning strategy with the help of internet such as social media sites, collaboration applications, instant messaging and others. In traditional methods of learning, students learn in classroom from their teache rs whereas in Peer-to-peer learning they can learn in different places such as after class, online, library, on phone and many others (Hanson, 2011). The students also learn from the experience of other peers and they also have to teach others in Peer-to-peer learning approach. Students have to perform various activities while teaching fellow peers such as organising, understanding, sourcing, and analysing the information which increases their engagement in the overall process. Therefore, in Peer-to-peer learning strategy, the students are more engaged in the process because they have multiple sources of interaction and they have to teach others as well. Conclusion This report found that most students are overly dependent on their teachers because they lack the confidence to learn new topics on their own. Peer-to-peer learning approach assists students in becoming more confident in learning and teaching with other peers. Students evaluate their strengths and weaknesses in Peer-to-peer learning strategy which increases their ability to learn which assist in their lifelong learning process. The students become more engaged in Peer-to-peer learning process through various online and offline sources. The Peer-to-peer learning approach reduces students dependability on teachers and makes them more confidence. Therefore, it can be concluded that Peer-to-peer learning approach assists students in becoming more independent by increasing their confidence, engagement, and ability to learn. Recommendations Autonomous learners might face issues because they lack experience, therefore, in Peer-to-peer learning strategy students should learn with senior and more experienced peers which assist them tackling various issues. Implementation of Peer-to-peer learning Program Students can use both formal (like PASS program) and informal (like group assignments) methods during Peer-to-peer learning approach. Peer Assisted Study Sessions (PASS) programs are becoming popular between students and universities, and they promote Peer-to-peer learning which assists in reducing students dependence on teachers (Hodgson, Benson Brack, 2015). Students should take advantage of these programs to increase the effectiveness of Peer-to-peer learning approach. Selecting Right Peers Students might face the issue of collusion or misconduct due to unnecessary criticism in Peer-to-peer learning strategy which might reduce their confidence. To address this issue, students should carefully select their peers who provide genuine criticism which increases their ability to learn and self-confidence. Engagement in Teaching Students should teach others during Peer-to-peer learning strategy because teaching helps them learn and understand topics more clearly. Also, they should choose online and offline sources that are most suitable for them (Gielen, Peeters, Dochy, Onghena Struyven, 2010). References Anderson, M. K., Tenenbaum, L. S., Ramadorai, S. B., Yourick, D. L. (2015). Near-peer Mentor Model: Synergy within Mentoring.Mentoring Tutoring: Partnership in Learning,23(2), 116-132. DOI: https://dx.doi.org/10.1080/13611267.2015.1049017 Basnak, J., Ortynski, J., Chow, M.,business-law Nzekwu, E. (2017). A digital peer-to-peer learning platform for clinical skills development.Canadian medical education journal,8(1), e59. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5344069/ Boud, D., Cohen, R., Sampson, J. (Eds.). (2014).Peer learning in higher education: Learning from and with each other. Abingdon: Routledge. Brooks, B. J., Koretsky, M. D. (2011). The influence of group discussion on students responses and confidence during peer instruction.Journal of Chemical Education,88(11), 1477-1484. DOI: https://dx.doi.org/10.1021/ed101066x Bulotsky-Shearer, R. J., Bell, E. R., Domnguez, X. (2012). Latent profiles of problem behavior within learning, peer, and teacher contexts: Identifying subgroups of children at academic risk across the preschool year.Journal of school psychology,50(6), 775-798. DOI: https://dx.doi.org/10.1016/j.jsp.2012.08.001 Gielen, S., Peeters, E., Dochy, F., Onghena, P., Struyven, K. (2010). Improving the effectiveness of peer feedback for learning.Learning and instruction,20(4), 304-315. DOI: https://dx.doi.org/10.1016/j.learninstruc.2009.08.007 Hanson, K. (2011). Blog Enabled PeerToPeer Learning.American Dental Hygienists Association,85(1), 6-12. Retrieved from https://jdh.adha.org/content/85/1/6.short Hodgson, Y., Benson, R., Brack, C. (2015). Student conceptions of peer-assisted learning.Journal of Further and Higher Education,39(4), 579-597. DOI: https://dx.doi.org/10.1080/0309877X.2014.938262 Lang, C., Craig, A., Casey, G. (2017). A pedagogy for outreach activities in ICT: Promoting peer to peer learning, creativity and experimentation.British Journal of Educational Technology,48(6), 1491-1501. DOI: https://dx.doi.org/10.1111/bjet.12501 Polishetty, A., Littlefair, G., Patil, A. (2016). Evaluating Student Perceptions in Peer to Peer Learning and Assessment Practices in Design Based Learning Environment.International Journal of Quality Assurance in Engineering and psychology Education (IJQAETE),5(4), 1-11. DOI: https://dx.doi.org/10.4018/IJQAETE.2016100101 van der Sande, L., Hendrickx, M. M., Boor-Klip, H. J., Mainhard, T. (2017). Learning Disabilities and Low Social Status: The Role of Peer Academic Reputation and Peer Reputation of Teacher Liking.Journal of learning disabilities, 0022219417708172. DOI: https://dx.doi.org/10.1177/0022219417708172 Williams, B., Reddy, P. (2016). Does peer-assisted learning improve academic performance? A scoping review.Nurse education today,42, 23-29. DOI: https://dx.doi.org/10.1016/k.nedt.2016.03.024