Was the Texas statute unconstitutional because it violated free speech protected by the First Amendment? 

Students in group LZ examine the case of People v. Goetz which is found in Chapter 5 beginning on page 171. Students in group AK examine the case of State v. K.R.L. which is found in Chapter 6 beginning on page 224. The form for briefing and a sample brief can be found in Defenses module.

 

 

“Students will brief said cases according the briefing format given to them by instructor. The text discusses briefing on pages 28-35. These pages can be used for assistance but the format to be used by the student is the format provided by instructor. Each brief will be typewritten with a minimum one and one-half pages in length. This is a writing assignment NOT a copying assignment. Do not simply copy portions of the case especially in the findings and holding section of the brief. Put your understanding of what the court is saying in your own words. You cannot demonstrate understanding of material by copying. Understanding is demonstrated by reading material and then summarizing in your own words. The text portion of the brief will be single spaced and double spaced between sections. Due dates for briefs are in the attached calendar. Brief grades are based on following directions, thoroughness in completing assignment, demonstration of critical thinking/analysis skills and use of acceptable word choice, punctuation, grammar etc. d. Briefs are submitted in assignments and must be in doc, docx, pdf, txt or rtf format. Due 10-9-22.

 

 

 

Sample of how it should be done

1. Case Name Texas v. Johnson

2. Case Citation 109 S.Ct. 2533, 491 U.S. 397, 105 L.Ed. 2d 342, 57 USLW 4770

3. Exact date decided June 21, 1989

4. Judge or Justice writing majority opinion Brennan

5. Procedural facts Defendant was convicted in County Criminal Court 8 in Dallas County, Texas of desecration of venerated object and he appealed. The 5 th Court of Appeals in Dallas affirmed the conviction. The Texas Court of Criminal Appeals reversed and remanded. The Supreme Court of the United States affirmed the decision of the Texas Court of Criminal Appeals. (This would consist of two or three sentences outlining the history of the courts the case has been through and how each of those courts handled the case and what they did with the case.)

6. Facts of the case pertinent to the issue(s) in the case. During the Republican National Convention held in Dallas in 1984, Johnson participated in a demonstration against the Reagan administration and its policies. After a march through city streets, Johnson burned an American flag while others chanted. No one was injured or threatened with injury though several witnesses were offended by the flag burning.

7. Issue(s) Was flag burning a form of expressive speech protected by the First Amendment? Did the statute meet the goal of preventing breaches of the peace? Was the Texas statute unconstitutional because it violated free speech protected by the First Amendment? (Put the issue(s) in the form of question(s).(Many cases have more than one.)

. Court’s Decision – Johnson’s conduct constituted expressive, overtly political comment. Johnson’s conduct did not involve “fighting words” nor did it invite an “imminent lawless action” that would be found in a traditional breach of the peace. Johnson’s conviction for flag desecration is inconsistent with the First Amendment. (How did the court answer the issue questions – this should be more than one word answers.)

9. Court’s Reasoning – Texas did not assert any interest in preventing Johnson’s conduct other than suppression of expression. Therefore the case of United States v. O’Brien did not apply. Speech cannot be prevented simply because others are offended by said speech. Texas’ interest in preserving the flag as a symbol does not justify Johnson’s conviction. The statutory restriction on Johnson’s political expression is content based since the Texas statute is not based on protecting flags under all circumstances but is designed to prohibit intentional and knowing abuse that causes offense to others. Because the restriction is content based it is subject to “the most exacting scrutiny.” The government may not prohibit the expression of an idea just because people do not like it even when the flag is involved. Texas Penal Code Ann. §42.09 (1989) specifically refers to offending one or more persons as did the evidence presented at trial. It is apparent from the foregoing that the statute was not content neutral but aimed at not preventing only a certain physical action but a physical action with a specific message . (What rationale did the court use for making its decision? What cases did the court refer to and what did those cases say? Did the court refer to statutes or Constitutional principles, if so what were they and what did they say?)

10. Disposition – Affirmed. Justice Kennedy concurred and filed an opinion. Chief Justice Rehnquist dissented and filed an opinion in which Justice White and Justice O’Connor joined. Justice Stevens dissented and filed an opinion. (Reversed, Reversed and Remanded, Affirmed are the three choices)

11. Dissent – Rehnquist – Long detailed historical lecture on place of flag in history. Argued that Johnson’s flag burning was designed to incite disturbance of peace. Stevens – Makes an argument similar to Rehnquist that the flag occupies a unique place in American culture. (Were there dissenting opinions? If so briefly state the author(s) of the dissenting opinions and why they dissented.)

Describe the similarities and differences in the two different programs?

Need assistance studying for prompt

Most people get their political news from video, whether it be on television or online or social media.

* Watch 30 minutes of a television news program on CNN and Fox News. (Yes, this is required to be able to answer the prompt fully. Some of their program segments are accessible on YouTube, as well.)

Describe the similarities and differences in the two different programs? Try to be as objective as possible. Be sure to name specific issues discussed in each program.

Do you feel a policy restricting employee Internet use is ethically sound?

350-600 words

The following case study provides an example of an ethical/legal issue faced by many HR professionals. The issue of technology in the workplace and employee use of the technology has become an increasingly common challenge, and you have seen how this may be an issue with the jewelry company.

Click here for the case study. (https://www.scu.edu/ethics/focus-areas/business-ethics/resources/littlebrother-is-watching-you/ )

After reading the above article and researching other examples of what some companies are facing, post your response and a defense of your position to the following questions:

  • Do you feel a policy restricting employee Internet use is ethically sound?
  • Do you feel that the monitoring of employee activity on the computer is ethically sound?
  • What are the business implications for employees’ personal use of company assets?
  • What approach will you take to address this issue with the jewelry company?
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    HR3.pdf
Develop a sample ethics policy to be presented to the CEO by providing a cover note outlining the purpose of the policy and benefits to the organization. 

Corporate ethics have been the focus of increased attention in recent years. Many companies have looked to their HR team to develop a comprehensive ethics policy.

You are tasked with developing an ethics policy for a jewelry company. After meeting with the CEO, you both agree the policy must cover the following: gifts from vendors, use of confidential information, and conflicts of interest. You take your challenge to an HR networking group.

Assignment Details: 

Develop a sample ethics policy to be presented to the CEO by providing a cover note outlining the purpose of the policy and benefits to the organization.

Discuss the following:

  • Your thoughts on the value of an ethics policy to ensure compliance with legal and ethical standards
  • The measures you feel should be taken to ensure the policy is enforced
  • The issues that need to be considered when implementing an ethics policy
  • The communications plan of the ethics policy

Note: You are required to use a minimum of 4 scholarly references in your research. Ensure that citations and references are formatted in compliance with APA style – (1000-1500 words)

What strategies could you use to build a competitive market profile?

400-600 words

You talk with Mike and Tiffany at lunch. “You’ve done some great research and brought up some good ideas to implement in the presentation,” you say. “There is one element that we are missing.”

“One of the most important aspects of the strategy: our competitors,” Tiffany states.

“I’ve already done some analysis, and there are many in the global market. It seems like there are several office furniture companies thriving, but not as many custom furniture manufacturers,” Mike elaborates.

“Well, we need to provide the board with some solid competitors. I’ll work on finding our top two,” you say. Complete the following:

  • What is the competitive advantage of your top 2 global competitors in the market?
  • Provide a brief summary of the strengths, weaknesses, opportunities, and threats (SWOT) for each competitor.
  • What strategies could you use to build a competitive market profile?

WATCH VIDEO  https://youtu.be/mR9eICQJLXA

How might you approach the design if it had to work on both mobile/tablet and desktop?
  1. Select any example visualization or infographic and imagine the contextual factors have changed:
    1. If the selected project was a static work, what ideas do you have for potentially making it usefully interactive? How might you approach the design if it had to work on both mobile/tablet and desktop?
    2. If the selected project was an interactive work, what ideas do you have for potentially deploying the same project as a static work? What compromises might you have to make in terms of the interactive features that wouldn’t now be viable?
    3. What about the various annotations that could be used? Thoroughly explain all of the annotations, color, composition, and other various components to the visualization.
    4. What other data considerations should be considered and why?
    5. Update the graphic using updated data, in the tool of your choice (that we’ve used in the course), explain the differences.
    6. Be sure to show the graphic (before and after updates) and then answer the questions fully above.  This assignment should take into consideration all the course concepts in the book.  Be very thorough in your response.  The paper should be at least three pages in length and contain at least two-peer reviewed sources.
What is a balanced scorecard?

Deborah enters your office ready to discuss the project. She discusses her feedback on the plan thus far. She states that your team is doing an excellent job researching and you’ve been keeping her up-to-date on your findings. She commends you for your focus on effective management strategies because your team has been looking at every aspect of the company and considering both internal and external pros and cons. She asks that your team now apply the findings to develop a strategic framework so that the company can begin its global expansion programs. You decide that Deborah has brought up another good point and decide that the balanced scorecard would make a good part of strategic framework.

A balanced scorecard suggests that we view the organization from four perspectives (the learning & growth perspective, the business process perspective, the customer perspective, and the financial perspective).

  • What is a balanced scorecard?
  • Briefly discuss the four perspectives of the balanced scorecard and analyze what each means to your organization.
  • In addition to the balanced scorecard, provide an overview of ethics and one other strategy that would be part of your company’s strategic framework for global expansion.
  • Why is it important to combine different strategies when pursuing global expansion?

Balanced Scorecard Basics

4-6 pages