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Symbolic Speech
Symbolic speech is a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it. Symbolic speech is recognized as being protected under the First Amendment as a form of speech, but this is not expressly written as such in the document. One possible explanation as to why the Framers did not address this issue in the Bill of Rights is because the primary forms for both political debate and protest in their time were verbal expression and published word, and they may have been unaware of the possibility of future people using non-verbal expression.Epstein, Lee and Walker, Thomas G. (1998) "Constitutional Law for a Changing America: Rights, Liberties, and Justice" 3rd ed. pp. 258-280 Washington D.C.: Congressional Quarterly Inc. Symbolic speech is distinguished from pure speech, which is the communication of ideas through spoken or written words or through conduct limited in form to that nece ...
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United States Law
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in the territor ...
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Peace Sign
A number of peace symbols have been used many ways in various cultures and contexts. The dove and olive branch was used symbolically by early Christians and then eventually became a secular peace symbol, popularized by a ''Dove'' lithograph by Pablo Picasso after World War II. In the 1950s, the "peace sign", as it is known today (also known as "peace and love"), was designed by Gerald Holtom as the logo for the British Campaign for Nuclear Disarmament (CND), a group at the forefront of the peace movement in the UK, and adopted by anti-war and counterculture activists in the US and elsewhere. The symbol is a superposition of the semaphore signals for the letters "N" and "D", taken to stand for "nuclear disarmament", while simultaneously acting as a reference to Goya's '' The Third of May 1808'' (1814) (aka "Peasant Before the Firing Squad"). The V hand signal and the peace flag also became international peace symbols. Olive branch Classical antiquity The use of th ...
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John Marshall Harlan II
John Marshall Harlan (May 20, 1899 – December 29, 1971) was an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1955 to 1971. Harlan is usually called John Marshall Harlan II to distinguish him from his grandfather, John Marshall Harlan, who served on the U.S. Supreme Court from 1877 to 1911. Harlan was a student at Upper Canada College and Appleby College and then at Princeton University. Awarded a Rhodes Scholarship, he studied law at Balliol College, Oxford. Upon his return to the U.S. in 1923 Harlan worked in the law firm of Root, Clark, Buckner & Howland while studying at New York Law School. Later he served as Assistant U.S. Attorney for the Southern District of New York and as Special Assistant Attorney General of New York. In 1954 Harlan was appointed to the United States Court of Appeals for the Second Circuit, and a year later President Dwight D. Eisenhower nominated Harlan to the U.S. Supreme Court following t ...
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Peace
Peace is a state of harmony in the absence of hostility and violence, and everything that discusses achieving human welfare through justice and peaceful conditions. In a societal sense, peace is commonly used to mean a lack of conflict (such as war) and freedom from fear of violence between individuals or groups. Promotion of peace is a core tenet of many philosophies, religions, and ideologies, many of which consider it a core tenet of their philosophy. Some examples are: religions such as Buddhism and Christianity, important figures like Gandhi, and throughout literature like " Perpetual Peace: A Philosophical Sketch" by Immanuel Kant, " The Art of Peace" by Morihei Ueshiba, or ideologies that strictly adhere to it such as Pacifism within a sociopolitical scope. It is a frequent subject of symbolism and features prominently in art and other cultural traditions. The representation of peace has taken many shapes, with a variety of symbols pertaining to it based on ...
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Malice (legal Term)
Malice is a legal term which refers to a party's intention to do injury to another party. Malice is either ''expressed'' or ''implied''. For example, malice is expressed when there is manifested a deliberate intention to unlawfully take away the life of a human being. Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. Malice, in a legal sense, may be inferred from the evidence and imputed to the defendant, depending on the nature of the case. In many kinds of cases, malice must be found to exist in order to convict. (For example, malice is an element of the crime of arson in many jurisdictions.) In civil law cases, a finding of malice allows for the award of greater damages, or for punitive damages. The legal concept of malice is most common in Anglo-American law, and in legal systems derived from the English common law system. In English civil law (being the law of England and Wa ...
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Police
The police are Law enforcement organization, a constituted body of Law enforcement officer, people empowered by a State (polity), state with the aim of Law enforcement, enforcing the law and protecting the Public order policing, public order as well as the public itself. This commonly includes ensuring the safety, health, and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers encompass arrest and the use of force legitimized by the state via the monopoly on violence. The term is most commonly associated with the police forces of a sovereign state that are authorized to exercise the Law enforcement agency powers, police power of that state within a defined legal or territorial area of responsibility. Police forces are often defined as being separate from the military and other organizations involved in the defense of the state against foreign aggressors; however, gendarmerie are military units charged with civil policing. Police forces are usua ...
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Strict Scrutiny
In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a " compelling state interest". The government must also demonstrate that the law is "narrowly tailored" to achieve that compelling purpose, and that it uses the "least restrictive means" to achieve that purpose. Failure to meet this standard will result in striking the law as unconstitutional. Strict scrutiny is the highest and most stringent standard of judicial review in the United States and is part of the levels of judicial scrutiny that US courts use to determine whether a constitutional right or principle should give way to the government's interest against observance of the principle. The lesser standards are rational basis review and exacting or intermediate scrutiny. These ...
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Draft-card Burning
Draft-card burning was a symbol of protest performed by thousands of young men in the United States and Australia in the 1960s and early 1970s as part of the anti-war movement. The first draft-card burners were American men participating in the opposition to United States involvement in the Vietnam War. The first well-publicized protest was in December 1963, with a 22-year-old conscientious objector, Gene Keyes, setting fire to his card on Christmas Day in Champaign, Illinois. In May 1964, a larger demonstration, with about 50 people in Union Square, New York, was organized by the War Resisters League chaired by David McReynolds. By May 1965, it was happening with greater frequency around the US. To limit this kind of protest, in August 1965, the United States Congress enacted a law to broaden draft card violations to punish anyone who "knowingly destroys, knowingly mutilates" his draft card. Subsequently, 46 men were indictedGershon, 1991, p. 173. "Of the more than twenty-five t ...
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Federal Bureau Of Investigation
The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement agency. An agency of the United States Department of Justice, the FBI is a member of the United States Intelligence Community, U.S. Intelligence Community and reports to both the United States Attorney General, attorney general and the Director of National Intelligence, director of national intelligence. A leading American counterterrorism, counterintelligence, and criminal investigative organization, the FBI has jurisdiction over violations of more than 200 categories of Federal crime in the United States, federal crimes. Although many of the FBI's functions are unique, its activities in support of national security are comparable to those of the British MI5 and National Crime Agency, NCA, the New Zealand Government Communications Security ...
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Selective Service System
The Selective Service System (SSS) is an Independent agencies of the United States government, independent agency of the United States government that maintains a database of registered male U.S. Citizenship of the United States, citizens and other U.S. residents potentially subject to Conscription in the United States, military conscription (i.e., the draft). Although the U.S. military is currently an all-volunteer force, registration is still required for contingency planning and preparation for two types of draft: a general draft based on registration lists of males aged 18–25, and a special-skills draft based on professional licensing lists of workers in specified health care occupations. In the event of either type of draft, the Selective Service System would send out induction notices, adjudicate claims for deferments or exemptions, and assign draftees classified as conscientious objectors to alternative service work. All male U.S. citizens and immigrant non-citizens ...
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Due Process Clause
A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due process of law. The U.S. Supreme Court interprets these clauses to guarantee a variety of protections: procedural due process (in civil and criminal proceedings); substantive due process (a guarantee of some fundamental rights); a prohibition against vague laws; incorporation of the Bill of Rights to state governments; and equal protection under the laws of the federal government. Text The clause in the Fifth Amendment to the United States Constitution provides: The clause in Section One of the Fourteenth Amendment to the United States Constitution provides: Background Clause 39 of Magna Carta provided: The phrase "due process of law" first appeared in a statutory rendition of Magna Carta in 1354 during the reign of Edward III of ...
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Freedom Of Speech In The United States
In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the U.S. Constitution, many state constitutions, and state and federal laws. Freedom of speech, also called ''free speech'', means the free and public expression of opinions without censorship, interference and restraint by the government. The term "freedom of speech" embedded in the First Amendment encompasses the decision what to say as well as what not to say. The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment and has recognized that governments may enact reasonable time, place, or manner restrictions on speech. The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, prevents only government restrictions on speech, not restrictions imposed by private individuals ...
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