Cohen V. California
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Cohen V. California
''Cohen v. California'', 403 U.S. 15 (1971), was a landmark decision of the US Supreme Court holding that the First Amendment prevented the conviction of Paul Robert Cohen for the crime of disturbing the peace by wearing a jacket displaying "Fuck the Draft" in the public corridors of a California courthouse. The Court ultimately found that displaying a mere four-letter word was not sufficient justification for allowing states to restrict free speech and that free speech can be restricted only under severe circumstances beyond offensiveness. The ruling set a precedent used in future cases concerning the power of states to regulate free speech in order to maintain public civility. Background Facts of the case On April 26, 1968, 19-year-old Paul Robert Cohen was arrested for wearing a jacket bearing the words "Fuck the Draft" in a corridor of the Los Angeles Courthouse. Cohen was reportedly at court to testify as a defense witness in an unrelated hearing, and had removed his jack ...
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Lawyers' Edition
The ''United States Supreme Court Reports, Lawyers' Edition'', or ''Lawyers' Edition'' (L. Ed. and L. Ed. 2d in case citations) is an unofficial reporter of Supreme Court of the United States opinions. The ''Lawyers' Edition'' was established by the Lawyers Cooperative Publishing Company of Rochester, New York in 1882, and features coverage of Supreme Court decisions going back to 1790. The first ''Lawyers' Edition'' series corresponds to the official ''United States Reports'' from volume 1 to volume 351, whereas the second series contains cases starting from the official reporter volume 352. It is currently published by LexisNexis. The ''Lawyers' Edition'' differs from the official reporter in that the editors write headnotes and case summaries, as well as provide annotations to some cases, and decisions are published far in advance of the official reporter. As such, it is similar to West's unofficial ''Supreme Court Reporter'' (S. Ct.). ''Lawyers' Edition'' case reports dif ...
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Malice (law)
Malice is a law, legal term which refers to a party's intent (law), 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 imputation (law), 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 (common law), 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 syst ...
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American Civil Liberties Union
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". The ACLU works through litigation and lobbying, and has over 1,800,000 members as of July 2018, with an annual budget of over $300 million. Affiliates of the ACLU are active in all 50 states, the District of Columbia, and Puerto Rico. The ACLU provides legal assistance in cases where it considers civil liberties to be at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of '' amicus curiae'' briefs expressing legal arguments when another law firm is already providing representation. In addition to representing persons and organizations in lawsuits, the ACLU lobbies for policy positions that have been established by its board of directors. Current positions of the ACLU include opposing the ...
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Amicus Curiae
An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an ''amicus'' brief lies within the discretion of the court. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of ''amici curiae'' is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question. In American law, an ''amicus curiae'' typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute. In the American courts, the amicus may be referred to as an ''amicus'' brief. In other jurisdictions, such as Canada, an ''amicus curiae'' is a ...
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Anthony G
Anthony or Antony is a masculine given name, derived from the ''Antonii'', a ''gens'' ( Roman family name) to which Mark Antony (''Marcus Antonius'') belonged. According to Plutarch, the Antonii gens were Heracleidae, being descendants of Anton, a son of Heracles. Anthony is an English name that is in use in many countries. It has been among the top 100 most popular male baby names in the United States since the late 19th century and has been among the top 100 male baby names between 1998 and 2018 in many countries including Canada, Australia, England, Ireland and Scotland. Equivalents include ''Antonio'' in Italian, Spanish, Portuguese and Maltese; ''Αντώνιος'' in Greek; ''António'' or ''Antônio'' in Portuguese; ''Antoni'' in Catalan, Polish, and Slovene; ''Anton'' in Dutch, Galician, German, Icelandic, Romanian, Russian, and Scandinavian languages; ''Antoine'' in French; '' Antal'' in Hungarian; and ''Antun'' or '' Ante'' in Croatian. The usual abbreviated form is Ton ...
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California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territories of the United States by population, most populous U.S. state and the List of U.S. states and territories by area, 3rd largest by area. It is also the most populated Administrative division, subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous Statistical area (United States), urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento, California, Sacramento is the state's capital, while Los Angeles is the List of largest California cities by population, most populous city in the state and the List of United States cities by population, ...
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Michael T
Michael may refer to: People * Michael (given name), a given name * Michael (surname), including a list of people with the surname Michael Given name "Michael" * Michael (archangel), ''first'' of God's archangels in the Jewish, Christian and Islamic religions * Michael (bishop elect), English 13th-century Bishop of Hereford elect * Michael (Khoroshy) (1885–1977), cleric of the Ukrainian Orthodox Church of Canada * Michael Donnellan (1915–1985), Irish-born London fashion designer, often referred to simply as "Michael" * Michael (footballer, born 1982), Brazilian footballer * Michael (footballer, born 1983), Brazilian footballer * Michael (footballer, born 1993), Brazilian footballer * Michael (footballer, born February 1996), Brazilian footballer * Michael (footballer, born March 1996), Brazilian footballer * Michael (footballer, born 1999), Brazilian footballer Rulers =Byzantine emperors= *Michael I Rangabe (d. 844), married the daughter of Emperor Nikephoros I *Mic ...
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Melville Nimmer
Melville Bernard Nimmer (June 6, 1923 – November 23, 1985) was an American lawyer and law professor, renowned as an expert in freedom of speech and United States copyright law. Nimmer graduated from UCLA, UC Berkeley, and Harvard Law School. He was admitted to the California State Bar in January 1951. He was professor at the UCLA School of Law from 1962. One year later, he published the two-volume treatise that would become the leading secondary source on copyright law, ''Nimmer on Copyright''. In 1984, he published a one-volume treatise on freedom of speech, titled appropriately ''Nimmer on Freedom of Speech: Treatise on Theory of First Amendment''. As a lawyer, he was best known as the winning attorney in the 1971 case ''Cohen v. California''.''Cohen v. California'', 403 U.S. 15 (1971). In ''Cohen'', the Supreme Court of the United States, by a 5–4 vote in an opinion written by Justice Harlan, held that a state cannot criminalize speech absent a "particularized and compellin ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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California Supreme Court
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts. Since 1850, the court has issued many influential decisions in a variety of areas including torts, property, civil and constitutional rights, and criminal law. Composition Under the original 1849 California Constitution, the Court started with a chief justice and two associate justices. The Court was expanded to five justices in 1862. Under the current 1879 constitution, the Court expanded to six associate justices and one chief justice, for the current total of seven. The justices are appointed by the Governor of California and are subject to retention elections. According to the California Constitution, to be considered for appointment, as with any California j ...
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Violence
Violence is the use of physical force so as to injure, abuse, damage, or destroy. Other definitions are also used, such as the World Health Organization's definition of violence as "the intentional use of physical force or Power (social and political), power, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation."Krug et al."World report on violence and health", World Health Organization, 2002. Internationally, violence resulted in deaths of an estimated 1.28 million people in 2013 up from 1.13 million in 1990. However, global population grew by roughly 1.9 billion during those years, showing a dramatic reduction in violence per capita. Of the deaths in 2013, roughly 842,000 were attributed to self-harm (suicide), 405,000 to interpersonal violence, and 31,000 to collective violence (war) and legal intervention. Fo ...
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