Thursday, June 18, 2009

Rule of law

Rule of law
The main past references used to decide the case were United States v O’Brien, Glen Theatre Inc. v Pearson, “time, place, or manner” Ward v Rock against Racism, and Dallas v Stanglin.
In the case of United States v O’Brien this case was referred because of its four part test though in this case of Glen theatre v Indiana it had failed the third part of the test which was a test for whether the situation was violating the constitution right of expression from what I understand from going over all the courts references. The O’Brien case was also used as a reason for why everything we do can be look on as expression so where do they draw the line. Glen Theatre Inc v Pearson was a previous case which involved the same issues of nude dancing. Ward v Rock against Racism was saying that there is a time, place, and manner in which certain things should be done. In Dallas v Stanglin it states, "It is possible to find some kernel of expression in almost every activity a person undertakes - for example, walking down the street or meeting one's friends at a shopping mall - but such a kernel is not sufficient to bring the activity within the protection of the First Amendment. We think the activity of these dance-hall patrons coming together to engage in recreational dancing - is not protected by the First Amendment."
http://ussupremecourtcases.us/USSC/Vol_1991/1991_Barnes_v_Glen_Theatre_Inc_501_US_560.htm
These previous cases are what brought the majority justices to make their decisions.

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