The Patriot Act Essay - 1684 Words

The Patriot Act After the terrorist attacks of September 11th, 2001 our country underwent a change that has drastically affected the fundamental values that our founding fathers instilled in this country. Since that tragic day in September the aftermath of the attacks has started to implicate our Civil Liberties that in this country we hold so dear. Just 45 days after the September 11 attacks, with virtually no debate, Congress passed the USA Patriot Act on October 5th, 2001. This act expanded the surveillance powers of domestic law enforcement and international intelligence agencies. The controversy that must be discussed is whether or not this legislation fully or in part has violated the Constitution and/or endangered our civil†¦show more content†¦Malkin?s support of the Act is based on the fact that it revised outdated rules that fatally hampered surveillance of suspected terrorists in America, helped craft plans to monitor the entry and exit of foreign students and implemented a feder al program to register and track non-immigrant visitors from high-risk Middle Eastern countries. With its new granted power the federal government has busted more than 20 suspected al Qaeda, convicted 100 other individuals for terror-related crimes and since the September 11 attacks, has prevented a further mass terrorist attack on our homeland. Malkin praises Viet D. Dinh, saying ?to civil liberties alarmists, Viet Dinh is a traitor. To me, he is an American Hero.? Her argument that the Act is no threat to civil liberties is supported by Viet Dinh and his supportive thesis. Malkin states ?opponents of the Bush Administration?s homeland defense and immigration enforcement efforts complain that the war on terror has eviscerated civil liberties and constitutional rights, and they have likened John Ashcroft, Dinh and the Justice Department to the Taliban and the Nazis.? Malkin uses Viet Dinh?s response to the alarmists to defend her position. Dinh states ?The threat to liberty comes fr om Osama bin Laden and his al Qaeda terrorist network, not from the men and women in blue who work to uphold the law.? He justifies his position through Edmund Burke?s theory of ?Ordered Liberty.? The theory of OrderedShow MoreRelatedThe Patriot Act1467 Words   |  6 Pagespledged to respond within boundaries set by the Constitution confronting and preventing terrorist attacks. Through Patriot Act, the law enforcement agencies of the Untied States are given the most effective tools to combat terrorists having intentions or plans to attack the nation. It is, in fact, a significant weapon for nation s fight against terror. Major purpose of the Patriot Act is to break wall of regulatory and legal polices existing between the law enforcement agencies and intelligence toRead MoreThe Patriot Act Essay1618 Words   |  7 Pagesterrorist so the U.S government enacted the patriot act, which gave more power to the federal law-enforcement and intelligence gathering in suspected terrorist cr imes. The patriot act gives the government power to do whatever they want for â€Å"national security† and take away the civilians civil rights. The government can tap into cell phones and listen in on conversations or even watch what people are searching on the internet. Since the passing of the patriot act racial profiling has grown in the pastRead MoreThe Declaration Of The Patriot Act1260 Words   |  6 Pagesour own government. Following the attacks of September 11, 2001, the president at the time, George Bush, responded by passing an act. This act is known as the Patriot Act. It allows the government unlimited access to phone records, emails, and text messages without a warrant through National Security Letters and Sneak and Peak Searches. Why do they do this, why was this act passed, they claim it’s for our safety. Both can be obtained and carried out without a judge’s approval, without a warrant, andRead More Patriot Act Essay647 Words   |  3 Pages The â€Å"Patriot Act† nbsp;nbsp;nbsp;nbsp;nbsp; In the wake of the terrorist attacks on September 11, 2001, Congress sprang into action. Within a month, U.S. lawmakers overwhelmingly approved the USA Patriot Act of 2001, giving law enforcement and intelligence agent’s broader authority to fight terrorists operating in the United States. nbsp;nbsp;nbsp;nbsp;nbsp;Signed into law by the President on October 26, the Patriot Act is designed to fight terrorism on several fronts. First, it givesRead MoreThe Patriot Act Of 2001 Essay1224 Words   |  5 Pagessame, as well as the rest of us that watch in disbelief. The attacks on September 11th 2001 led to something called the Patriot Act. In the days after 9/11 Congress hurried to pass a bill to give law-enforcement agencies the power to fight domestic terrorism. On October 26, President George W. Bush signed three hundred page USA Patriot Act into law (Crf.org). The USA Patriot Act of 2001 was created to prevent and catch terrorist in the United States and around the world. The contents of it hasRead More The Patriot Act Essay1338 Words   |  6 Pages The Patriot Act. On September 11, 2001 Muslim terrorists instilled with a hatred of the west attacked the United States in a brutal fashion. Planes were hijacked and flown into the World Trade Center in New York. Over three thousand people were killed and the impregnable nation known as America was know scared and vulnerable. Almost immediately the legislature began drafting an act that would make the war on terror and the fight for homeland security a little easier to fight, this would comeRead More Patriot Act Essay1119 Words   |  5 PagesPatriot Act One of the worst, yet momentous events in U.S history occurred on September 11th, 2001. This event released a flow of patriotic fervor and a permanent fear among all Americans that they had also now become suspect to acts of international terrorists. This led to a lot of changes in the attitudes of the executive and legislative branches in the United States government. They came up almost immediately with new measures, which were supposedly against terrorism or terrorist threatsRead MoreUsa Patriot Act1302 Words   |  6 Pagesthe U.S.A. Patriot Act. The title for this bill is an acronym for the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act). In the years since the passing of the Patriot Act, there has been much controversy and debate regarding the positive and negative advantages, and consequences of this bill. As a member of the law enforcement community I have experienced firsthand some of the changes the Patriot Act has broughtRead More Patriot Act Essays1231 Words   |  5 PagesPatriot Act Were dealing with terrorists who operate by highly sophisticated methods and technologies, some of which were not even available when our existing laws were written. The bill before me accounts for the new realities and dangers posed by modern terrorists. It will help law enforcement to identify, dismantle, disrupt, and punish terrorists before they strike, (President George W. Bush at signing of Patriot Act, 2001). The terrorists of today cannot be reasoned with. We must doRead More The Patriot Act Essay1142 Words   |  5 PagesThe Patriot Act In the wake of September 11, many things happened very quickly. Along with the beginning of a war against terrorism, an act was passed to help prevent future terrorism in the USA. The name of this is the USA Patriot Act. The act legalizes many surveillance techniques that were once prohibited. The act has been passed without debate, and the new privileges given to our government have not been thoroughly examined. The law enforcers of our country are now capable of monitoring

Problem Solution Is A Method For Analyzing And Writing

In composition, problem-solution is a method for analyzing and writing about a topic by identifying a problem and proposing possible solutions. The problem can affect a large group of people in a small way, or the problem can affect a small group of people in a large way. In a problem-solution paper, the solutions should be new to the reader. To write my research problem-solution essay I followed three steps: researching, writing, and documenting. To start my research process I determined the problem, and then began researching for solutions. The problem I chose was registration at Normandale, and the common issue of classes filling up too fast. Once I had my problem, I started researching for background information on registration, and†¦show more content†¦For my introduction, I started by writing a thesis statement. My thesis statement stated the problem of class registration at Normandale, and then introduced the four possible solutions; this gave the reader a brief summa ry of what to expect. To organize my body paragraphs, I wrote out my first topic sentence to define the problem, and then followed with four topic sentences for my four solutions. Finally, I rewrote my thesis so I could restate it in my conclusion. After organizing the introduction, body paragraphs, and conclusion, I was ready to write my first draft. The purpose of my introduction was to interest the reader, and give them a brief background on the essay. The introductory paragraphs consisted of a hook, background information on the problem and why it is occurring, and then my thesis statement. My essay started with a direct quote I discovered when researching. I then explained the importance of the quote, and followed with my thesis. Also, I used correct MLA format when citing the direct quote in my paper. It’s important to cite all sources correctly otherwise it will be penalized as plagiarism. Once my introduction was complete, I began writing the body paragraphs. The main purpose of my body paragraphs were to explain and support my thesis. For my body paragraph on the problem, I made sure to explain the problem of registration, give an example, and then state who the problem affected. I then started theShow MoreRelatedScientific Method and Steps in Scientific Inquiry Paper1036 Words   |  5 PagesScientific Method and Steps in Scientific Inquiry Paper Monique Reed BSHS/435 February 22, 2015 Dora Baker Scientific Method and Steps in Scientific Inquiry Paper In this paper in will provide details on how scientific methods can be used in the Human services. Explaining the steps of scientific methods, and how it serves as an important key to Human services professionals. Each steps will be included on how they are define and what purpose it serves will scientific methods are applied. HumanRead MoreJonathan Swift Satire Analysis1108 Words   |  5 Pagesomparing Irony In both Mark Twain and Jonathan Swift’s articles there is an effective use of irony. Irony in satirical writing is normally used for the speaker to convey the opposite intended meaning to which they are stating; along with antiphrasis, the use of a word when the opposite meaning is implied, irony makes a valuable asset to satirical literature. The sarcastic use of irony was input to both readings to express the writer’s disappointment towards their societies teachings during theirRead MoreTheoretical Research On Student s Studying Process979 Words   |  4 Pagesindividuals at Drexel University’s Department of Biology have observed this problem, and hypothesized that a group of students working with a faculty member on a theoretical research proposal, might be an effective solution (Stanford Duwel, 2013). Overall, this experiment was designed to view whether writing theoretical research projects can effectively teach students the scientific process. Theoretical Research Writing and the Scientific Process Introduction Graduate schools expect students toRead MoreCritical Thinking1125 Words   |  5 Pagesconjecture. The benefit of nurses developing sharper skills in critical thinking also impacts quality improvement. Quality improvement teams within the health care system identify problems that may be contributing factors to ineffective patient care. As nurses, we play an important role in helping to identify and correct problems that have a negative impact on patient care. Critical thinking is a necessary pathway in improving the quality of patient care. The health care system will continue to changeRead MoreThe Complicated Life of Socrates1183 Words   |  5 Pagesthinking led to the creation of the Socratic Method and the Socratic Paradoxes. Socrates’ philosophical beliefs and life isn’t accurately represented in the modern world. Since there aren’t any writings from Socrates himself, his life, beliefs, and philosophy has to be depicted through the writings of Plato, Aristophanes, Aristotle and Xenophon, with Plato being the most informational and dependable source. These writers that do mention Socrates in their writings aren’t always accurate and are sometimesRead MoreBusiness Appraisal Through Social Media Analytics1454 Words   |  6 Pagesand larger organizations having in-house department, which is closely observed by top management of the organizations. Social media analytics can be boost to mainly to retail sector for collecting and analyzing large amounts of data to predict impact of overall business. Statement of the Problem: To analyze social media data, which is very semi-structured and in unstructured manner, social media analytics need advanced techniques to get structured information required for decision-making. SocialRead MoreM4 Research Design Critique Report1143 Words   |  5 PagesM4 Research Design Critique Report A research scenario that could be addressed using an experimental design would be: What are the differential effects of two different instructional methods, problem based learning and lecture based learning, on the understanding of physics topics on forty students in high school physics. To address concerns of internal validity, two classes of students with a similar learning history and student demographic will be utilized; also, both classes will be taught byRead MoreLegal Methods, Research And Writing Essay1433 Words   |  6 Pagessuccessful in law whether studying or practicing the profession Legal methods, research and writing is a major necessity for those in the legal field. It is nearly impossible to study or practice law without the basic knowledge of legal methods, research and writing. This essay examines the importance of Legal methods, research and whether in school or outside in the legal profession. The first reason we need legal methods, research and writing is tha t it will help us to write essays well and helps studentsRead MoreRose and Graff1170 Words   |  5 PagesTwo professors of different backgrounds, Mike Rose of California, and Gerald Graff, of Illinois, discuss the problems college students face today in America. Though similar in slight variations, both professors view the problem in different regards and prepare solutions that solve what they feel to be the heart of this academic problem. Mike Rose, author of The Politics of Remediation, explains that #8220;linguistic exclusion#8221; is the barrier that prevents many new college students fromRead MorePublic Health And Academic Writing980 Words   |  4 Pagesresearch and writing in his or her particular field of study, a truly informed individual must also possess the ability to understand the variety of ways that knowledge is made in other disciplines. Having a broad contextual background to draw from will allow a person to make deeper realizations when reading work shared by fellow practitioners of the same field. One academic area outside of those I am most familiar with is public health. Within the sphere of public health, academic writing is published

Law of Business in an Organisation

Question: Describe the law of business in an organisation. Answer: Propriety Limited Company A Propriety Company is a company, which is not a public company and is privately held by individuals. It may be either a limited company or an unlimited company. Propriety Limited Company is a propriety company in which the shareholders have a limited liability. The shareholders liability to pay off the debts of the Company extends to the amount of unpaid amount on the shares held by them (Business.vic.gov.au 2016). Procedure for registration of a Propriety Limited Company The Australian Securities and Investments Commission (ASIC) is the authority, which registers Companies in Australia. An application form has to be lodged with the ASIC for registration of a Propriety Limited Company (Asic.gov.au 2016). Section 117 of the Corporation Act, 2001 lays down the guidelines and instructions for lodging an application form with the ASIC (Legislation.gov.au 2016). According to Section 117, the details, which need to be provided for a Propriety limited Company in the application form, are as follows: a) Type of Company; b) Proposed name of the Company; c) The details (name address) of persons who consent to be member of the Company; d) The details (name, address, birth date, place of birth) of persons who consent to become a director of the Company; e) The details (name, address, birth date, place of birth) of persons who consent to become a company secretary of the Company; f) Address of proposed registered office of the Company; g) Address of proposed principal business of the Company; h) The details of shares (the class of shares and the number of shares, which the members consent to take up, provided the consent must be in writing); i) The details of the amount to be paid by the members per share including the information whether full amount of the shares shall be paid on registration or not; j) Whether, on registration, the shares are to be beneficially held by the members or not; k) Whether, on registration, the Company will have an ultimate holding company or not; l) The name of the State of Territory where the company is proposed to be registered. Registration of a Propriety Limited Company- Sample form APPLICANTS DETAILS First name: Andrew Surname: James Telephone: +61 2 8461 2327 Fax: +61 2 8461 2327 Email Address: Street Address: 109 Railway Street Suburb/City: Sydney State: NSW Post Code: 2216 DETAILS OF COMPANY Type of Company: Propriety company Limited by shares Proposed Name of Company: NEUTRELA Propriety Limited State or Territory in which the Company is to be registered: NSW Is the company a special purpose company: No Registered office: 86 Pitt Street Suburb/City: Sydney State: NSW Post Code:2000 Has the premise been occupied by the Company: Yes Principle place of business of the Company: as above DIRECTORS Director 1 First name: Stephen Surname: Stone Address of Residence Street: 321 Pitt Street Suburb/City: Sydney State: NSW Post Code: 2000 Date of Birth: 20/07/1968 Place of Birth Suburb/City: Sydney State: NSW DIRECTOR 2 First Name: John Surname: Doe Address of Residence Street: 131 Macquarie St Suburb/City: Sydney State: New South Wales Post Code: 2000 Date of Birth: 13/04/1973 Place of Birth Suburb/City: Sydney State: NSW SECRETARY First name: Mark Surname: Gomes Address of Residence: Street: 36 Market Street Suburb/City: Sydney State: NSW Post Code: 2000 Date of Birth: 16/02/1987 Place of Birth Suburb/City: Sydney State: NSW SHAREHOLDERS Shareholder 1 Full name: Andrew James Address: 109 Railway Street Suburb/City: Sydney State: NSW Post Code: 2216 Class Code of Shares Number of shares to be taken up Amount to be paid each share Total amount paid on the shares Amount unpaid each share Total amount unpaid on the shares Paid Fully (Y/N) Held Beneficially (Y/N) H 3780 $2.29 $8656.20 0 0 Y Y Shareholder 2 Full name: Mark Rawls Address: 231 Elizabeth Street Suburb/City: Sydney State: NSW Post Code: 2000 Class Code of Shares Number of shares to be taken up Amount to be paid per share Total amount paid on the shares Amount unpaid per share Total amount unpaid on the shares Paid Fully (Y/N) Held Beneficially (Y/N) H 2340 $2.29 $5358.6 0 0 Y Y Format of Consents Consent to become a Director To: NEUTRELA Propriety Limited I consent to act as a Director of this Company. In compliance with Section 201D of the Corporation Act, 2001, I hereby provide my entire details, which are as follows: First name: Stephen Surname: Stone Address of residence Street: 321 Pitt St. Suburb/City: Sydney State: NSW Post Code: 2000 Date of Birth: 20.07.1968 Place of Birth Suburb/City: Sydney State: NSW Date: 20/05/2016 Signature: Consent to become Company Secretary To: NEUTRELA Propriety Limited I do give my consent hereby to act as the Company Secretary and I hereby provide my personal details, which are as follows: First name: Mark Surname: Gomes Address of Residence: Street: 36 Market Street Suburb/City: Sydney State: NSW Post Code: 2000 Date of Birth: 16/02/1987 Place of Birth Suburb/City: Sydney State: NSW Date: 20/05/2016 Signature: Consent to become a member To: Ambition Propriety Limited I, Andrew James, do hereby give my consent to become member of the NEUTRELA Propriety Limited. The class and number of shares, which I agree to purchase, are as follows: Class of shares: H Number of Shares: 3780 I also agree to pay, in full, the total amount of the shares at $2.29 per share. Date: 20/05/2016 Signature: Register of Share Section 168 mandates a company to maintain a share register and Section 169 lays down the details to be included in the share register. (Alrc.gov.au 2016). The following details are to be incorporated in the share register: The name and address of the shareholders; The date of entry of the name of the shareholders in the register; The date of allotment of shares to the shareholders; The number of shares allotted to such shareholders; The classes of shares allotted to such shareholders; Details of paid amount on such shares; Whether full payment has been made on such shares; Details of unpaid amount on such shares. All these information have to be provided in the share register and any changes in any of this information have to be duly updated from time to time. Sample form of a share register Neutrela Propriety Limited Members Register Date of Entry Full Name Address Date of Transaction Transaction Type Class of shares Number of Shares Amount paid per share Amount unpaid per share Cessation of membership 20/05/2016 Andrew James 109 Railway Street, Sydney, New South Wales, 2216 20/05/2016 Allotment H 3780 shares acquired $2.29 0 20/05/2016 Mark Rawls 231 Elizabeth Street, Sydney, New South Wales, 2000 20/05/2016 Allotment H 2340 shares acquired $2.29 0 Internal management of Company According to Section 134, a company is governed by its constitution or by the replaceable rules, which apply to it, or by both. Section 135 lays down the list of companies to which the replaceable rules apply (Legislation.gov.au 2016). The constitution and replaceable rules lay down provisions for the internal procedures to be followed by a Company. The Constitution and replaceable rules are kind of contract and they bind the members with the Company, the directors and company secretaries with the Company, and they also bind the members with each other. These rules apply to carry out the internal management of the company (Rolfe 2013). Provisions for a class of redeemable preference shares in the Constitution- Sample form The constitution of NEUTRELA Propriety Limited lays down the following provisions with respect to H class redeemable preference shares: The holders of this class of shares shall not be allowed to attend any meeting of the Company. They shall also not be entitled to vote in any meeting of the Company. The Company may return the amount paid up by the holder of redeemable preference shareholders and may redeem all such shares or may redeem part of those shares from time to time. The Company before doing such act shall give a notice, 7 days before, to the last known address of such shareholder, and on the expiry of 7 days of delivery such notice, the shares shall be considered to have been redeemed; The Company shall give priority to this class of shareholders, with respect to returning the amount paid up by the shareholders, in case of winding up of the Company; The H class redeemable preference shareholders are not allowed to participate in the division of excess profits/assets of the Company; This class of shareholders are entitled to such non-cumulative dividend as are deemed fit by the Director and have no right to any cumulative dividend. Justification for incorporation of Section 124 in the Corporation Act, 2001 A company is a separate legal body and it has been endowed with certain powers and capacities under Section 124 of the corporation Act, 2001. (Alrc.gov.au 2016). It may exercise all such powers as is necessary for carrying out its operations. It has a distinct existence of its own and it has full control and access to its properties and assets. It has legal capacity in the sense that all acts done by a Company will be considered to be valid and binding. The acts done by a Company cannot merely be considered to invalid in the sense that the acts were not done in the best interest of the Company. This provision has mainly been incorporated to protect the interest of the third parties dealing with the Company. Third parties dealing with the Company are entitled to full protection, all transactions entered into between the Company and the third parties will be considered valid and binding. Thus, section 124 ensures to build up a legal relationship between a Company and a third party and none of the dealings between a bona fide third party and a Company shall be considered invalid so long as the Company is not acting contrary to any law made by a State or a Territory. Section 124, in a way, has also displaced the doctrine of ultra vires; it gives legal recognition to all acts done by the Company. Justification for incorporation of Section 129 in the Corporation Act, 2001 The Constitution of a Company sets out the rules and procedures, which it has to follow. These are internal procedures, which a company ought to follow in its transactions with an outsider. An outsider, dealing with a company may or may not have the knowledge whether all the internal procedures of the company have been followed or not. If a person enters into a transaction with a Company in good faith and with a bona fide belief that the Company has followed all internal procedures and afterwards it is found that there was irregularity in the internal procedures for which the dealing becomes invalid, then he may suffer a loss or damage with respect to such dealing. Section 129 has therefore been designed to protect the interests of such outsiders who deal with the company with a bona fide intention and has no knowledge of the procedural irregularities of the Company. This rule is also known as the rule of indoor management. This rue was enunciated in the case of Royal British Bank vs. Turquand. In this case, the Company, Turquand had borrowed loan from the Bank in an irregular manner and thereafter failed to repay the loan amount. The Company contended since the loan was approved in an irregular manner, therefore it was not bound to repay the same. The Court rejected such contention. The principle laid down in this case is that an outsider or a third party is entitled to assume that the Company has duly complied with all the internal procedures and consequently all transactions entered into between the company and the third party shall be considered valid and binding (Stannard 2015). The same rule has been incorporated under Section 129 of the corporation Act, 2001. Justification for incorporation of Section 588(M) (3) in the Corporation Act, 2001 The Directors of a Company play a vital role in managing the affairs of the Company. All the valuable assets of the Company are entrusted to the Directors, they are completely aware of financial situation of the Company, and they need to take responsible steps at every stage of the Companys progress (Hussain et al. 2015). During insolvency period of a Company, the Directors are ought to act more carefully and have to take steps by taking into consideration the best interest of the creditors and shareholders. During this period, if a Director knowingly takes credit from a person and such person suffers a loss due to the insolvency of the Company; in that case the Directors cannot be allowed to get away with it (Keay 2015). Therefore, Section 588(M) (3) has been incorporated in the Corporation Act, 2001, which directs the Directors to return the amount lost or suffered by the Creditors who advanced loan during the insolvency period of a Company. This rule has been laid down to give effect to the concept of lifting of corporate veil. A company has a distinct legal personality and all the acts done by a Company are attributed to it. In case of a fraudulent act done by a Company, this veil has to be pierced in order to find out the main culprit (Lam 2015) Section 588(M) (3) demonstrates an instance of the application of this principle and imposes liability on the Directors who, during insolvency of a Company or at a time when the Company is about to get insolvent, knowingly takes loan from a creditor and causes loss to him. References Alrc.gov.au. (2016). Corporations Act 2001 (Cth) | ALRC. Anderson, H., 2014. Pressing the right buttons: Australian case studies in the protection of employee entitlements against corporate insolvency.International Labour Review,153(1), pp.117-142. Asic.gov.au. (2016). ASIC Home | ASIC - Australian Securities and Investments Commission. Briggs, K., 2012. The name of the game.Keeping Good Companies,64(1), p.21. Business.vic.gov.au. (2016). Business structures: Fittler, D. and Tobin, G., 2012. From incorporated association to a company limited by guarantee: Part 1 Comparison of legal structures suitable for NFPs. Freudenberg, B., 2013. Lifting the Veil on Foreign Tax Flow-Through Companies: Could Australian Closely Held Business Benefit from Their Governance Regimes?.Australian Journal of Corporate Law, pp.201-232. Goulding, S., 2013.Principles of company law. Routledge. Hussain, M., Hussain, S. and Awais, A., 2015. Understanding Corporate Governance and Board of Directors: A Generic Analysis. Keay, A., 2015. The shifting of directors' duties in the vicinity of insolvency.International Insolvency Review,24(2), pp.140-164. Lam, C.L., 2015. Piercing the Corporate Veil. Legislation.gov.au. (2016). Corporations Act 2001. McQueen, R., 2013.A Social History of Company Law: Great Britain and the Australian Colonies 18541920. Ashgate Publishing, Ltd.. Nyombi, C., 2014. Lifting the veil of incorporation under common law and statute.International Journal of Law and Management,56(1), pp.66-81. Rolfe, J., 2013. Shareholders' right to know. Shepherd, C. and Ridley, A., 2015.Company Law. Routledge. Stannard, K., 2015. Unravelling the Turquand Rule: the law.Without Prejudice,15(10), pp.79-80. Stewart, James B. (American journalism professor) 2013, "Hiding behind the corporate veil",Fordham Journal of Corporate Financial Law,vol. 18, no. 1, pp. 1.

New York Times Co. V. United States Essay Example For Students

New York Times Co. V. United States Essay Word Count: 254The New YorkTimes printed allegedly classified documents that leaked from the Pentagonabout the war in Vietnam. A 47 volume classified history of the American involvementin Vietnam was distributed to the Times and, later, the Post by Daniel Ellsberg,a minor writer in the Pentagon Papers. The Times published these papers bitby bit until the Nixon administration sought an injunction on the Times tostop publication. The Supreme Court found that the First Amendment did notpermit an injunction against the Times. The issue here is weather or notthe First Amendment applies to federal papers, and weather prior restraintis unconstitutional. Also, can the government seek an injunction on a pressto halt publication of such documents, even in cases of national security.The Supreme Court Ruled 6-3 in favor of the New York Times, saying thatthe First Amendment did not permit an injunction against the press. The Courtfound that the Government did not relieve their Heavy Burden of proof tojustify the injunction based on prior restraint. This verdict was reachedJune 25, 1971. A heavy burden of proof is placed on the government wheneverthere is grounds for prior restraint. Is this burden is not sufficiently substantiated,then and injunction cannot be issued. The First Amendment protects therights of individuals and the press to communicate freely. The U.S. has theright to halt any publication that they deem harmful, if and only if, theyshow enough evidence to support their injunction, and meet their Heavy Burdenof proof imposed upon them by the courts.