Carey V. Population Services International
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Carey V. Population Services International
''Carey v. Population Services International'', 431 U.S. 678 (1977), was a landmark decision of the U.S. Supreme Court in which the Court held that it was unconstitutional to prohibit anyone other than a licensed pharmacist to distribute nonprescription contraceptives to persons 16 years of age or over, to prohibit the distribution of nonprescription contraceptives by any adult to minors under 16 years of age, and to prohibit anyone, including licensed pharmacists, to advertise or display contraceptives. The Court held that the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution does not allow a state to intrude on an individual's decisions on matters of procreation which is protected as privacy rights. Background The appellants were New York state officials whose job was to enforce the revisions of the Education Law, including then-governor Hugh Carey. The Education Law stated that it was a crime: a) for any person to sell or distribute any contraceptive ...
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Hugh Carey
Hugh Leo Carey (April 11, 1919 – August 7, 2011) was an American politician and attorney. He was a seven-term U.S. representative from 1961 to 1974 and the 51st governor of New York from 1975 to 1982. He was a member of the Democratic Party. Early life Carey was born in New York City, the son of Margaret (née Collins) and Dennis Joseph Carey. Among his siblings were brothers Edward M. Carey (former president of Carey Energy Corporation) and Martin T. Carey (an entrepreneur who owned Winfield Hall and Bogheid in Glen Cove and Seaview Terrace in Newport). Education and military service In 1939, Carey enlisted in the New York National Guard as a private in C Squadron, 101st Cavalry. Later, he served as a major in the 104th Infantry Division, known as the "Timberwolves". He served in the 415th Infantry Regiment of the 104th Division as the Regimental S-3, operations officer. Carey was with the 104th Division throughout its 10-month campaign in the European Theater ...
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Court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to ...
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Contraceptives
Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth control only became available in the 20th century. Planning, making available, and using birth control is called family planning. Some cultures limit or discourage access to birth control because they consider it to be morally, religiously, or politically undesirable. The World Health Organization and United States Centers for Disease Control and Prevention provide guidance on the safety of birth control methods among women with specific medical conditions. The most effective methods of birth control are sterilization by means of vasectomy in males and tubal ligation in females, intrauterine devices (IUDs), and implantable birth control. This is followed by a number of hormone-based methods including oral pills, patches, vaginal rings, a ...
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Abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregnancies. When deliberate steps are taken to end a pregnancy, it is called an induced abortion, or less frequently "induced miscarriage". The unmodified word ''abortion'' generally refers to an induced abortion. The reasons why women have abortions are diverse and vary across the world. Reasons include maternal health, an inability to afford a child, domestic violence, lack of support, feeling they are too young, wishing to complete education or advance a career, and not being able or willing to raise a child conceived as a result of rape or incest. When properly done, induced abortion is one of the safest procedures in medicine. In the United States, the risk of maternal mortality is 14 times lower after induced abortion than after chi ...
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Sexual Intercourse
Sexual intercourse (or coitus or copulation) is a sexual activity typically involving the insertion and thrusting of the penis into the vagina for sexual pleasure or reproduction.Sexual intercourse most commonly means penile–vaginal penetration for sexual pleasure or sexual reproduction; dictionary sources state that it especially means this, and scholarly sources over the years agree. See, for example; * * * * * * * * * This is also known as vaginal intercourse or vaginal sex. Other forms of penetrative sexual intercourse include anal sex (penetration of the anus by the penis), oral sex (penetration of the mouth by the penis or oral penetration of the female genitalia), fingering (sexual penetration by the fingers) and penetration by use of a dildo (especially a strap-on dildo). These activities involve physical intimacy between two or more individuals and are usually used among humans solely for physical or emotional pleasure and can contribute to human bonding. Ther ...
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Dissenting Opinion
A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions, and are also delivered and published at the same time. A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may result in a majority opinion adopting a particular understanding of the law formerly advocated in dissent. As with concurring opinions, the difference in opinion between dissents and majority opinions can often illuminate the precise holding of the majority opi ...
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Justice Rehnquist
William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from 1986 until his death in 2005. Considered a staunch conservative, Rehnquist favored a conception of federalism that emphasized the Tenth Amendment's reservation of powers to the states. Under this view of federalism, the Court, for the first time since the 1930s (with the exception of '' National League of Cities v. Usery'', which was overruled in ''Garcia v. San Antonio Metropolitan Transit Authority''), struck down an act of Congress as exceeding its power under the Commerce Clause. Rehnquist grew up in Milwaukee, Wisconsin, and served in the U.S. Army Air Forces during the final years of World War II. After the war's end in 1945, he studied political science at Stanford University and Harvard University, then attended Stanford Law Schoo ...
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Political Freedom
Political freedom (also known as political autonomy or political agency) is a central concept in history and political thought and one of the most important features of democratic societies.Hannah Arendt, "What is Freedom?", ''Between Past and Future: Eight Exercises in Political Thought'', (New York: Penguin, 1993). Political freedom was described as freedom from oppression or coercion, the absence of disabling conditions for an individual and the fulfillment of enabling conditions, or the absence of life conditions of compulsion, e.g. economic compulsion, in a society. Although political freedom is often interpreted negatively as the freedom from unreasonable external constraints on action, it can also refer to the positive exercise of rights, capacities and possibilities for action and the exercise of social or group rights. The concept can also include freedom from internal constraints on political action or speech (e.g. social conformity, consistency, or inauthentic behavio ...
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John Paul Stevens
John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldest justice in the history of the U.S. Supreme Court and the third- longest-serving justice. At the time of his death in 2019 at age 99, he was the longest-lived Supreme Court justice ever. His long tenure saw him write for the Court on most issues of American law, including civil liberties, the death penalty, government action, and intellectual property. In cases involving presidents of the United States, he wrote for the court that they were to be held accountable under American law. Despite being a registered Republican who throughout his life identified as a conservative, Stevens was considered to have been on the liberal side of the Court at the time of his retirement. Born in Chicago, Stevens served in the United States Navy during Wor ...
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Censorship
Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments, private institutions and other controlling bodies. Governments and private organizations may engage in censorship. Other groups or institutions may propose and petition for censorship.https://www.aclu.org/other/what-censorship "What Is Censorship", ACLU When an individual such as an author or other creator engages in censorship of his or her own works or speech, it is referred to as ''self-censorship''. General censorship occurs in a variety of different media, including speech, books, music, films, and other arts, the press, radio, television, and the Internet for a variety of claimed reasons including national security, to control obscenity, pornography, and hate speech, to protect children or other vulnerable groups, to promote or ...
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Legitimize
Legitimation or legitimisation is the act of providing legitimacy. Legitimation in the social sciences refers to the process whereby an act, process, or ideology becomes legitimate by its attachment to norms and values within a given society. It is the process of making something acceptable and normative to a group or audience. Legitimate power is the right to exercise control over others by virtue of the authority of one's superior organization position or status. Power and influence For example, the legitimation of power can be understood using Max Weber's traditional bases of power. In a bureaucracy, people gain legitimate use of power by their positions in which it is widely agreed that the specified person hold authority. There is no inherent right to wield power. For example, a president can exercise power and authority because the position is fully legitimated by society as a whole. In another example, if an individual attempts to convince others that something is ...
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Pharmacists
A pharmacist, also known as a chemist (Commonwealth English) or a druggist (North American and, archaically, Commonwealth English), is a healthcare professional who prepares, controls and distributes medicines and provides advice and instructions on the correct and safe use of medicines to achieve maximum benefit, minimal side effects and to avoid drug interactions. They also serve as primary care providers in the community. Pharmacists undergo university or graduate-level education to understand the biochemical mechanisms and actions of drugs, drug uses, therapeutic roles, side effects, potential drug interactions, and monitoring parameters. This is mated to anatomy, physiology, and pathophysiology. Pharmacists interpret and communicate this specialized knowledge to patients, physicians, and other health care providers. Among other licensing requirements, different countries require pharmacists to hold either a Bachelor of Pharmacy, Master of Pharmacy, or Doctor of Pharmacy d ...
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