1.
English-speaking world
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Approximately 330 to 360 million people speak English as their first language. More than half of live in the United States, followed by some 55 million in England. English is the third largest language by number of speakers, after Mandarin. Estimates that include second language speakers vary greatly, from 470 million to more than 1 billion, david Crystal calculates that non-native speakers as of 2003 outnumbered native speakers by a ratio of 3 to 1. When combining native and non-native speakers, English is the most widely spoken language worldwide, there are six large countries with a majority of native English speakers that are sometimes grouped under the term Anglosphere. They are, in descending order of English speakers, the United States, the United Kingdom, Canada, Australia, Ireland, other substantial communities of native speakers are found in South Africa, and Nigeria. Also there are countries where in a part of the territory English became a language, e. g. Colombias San Andrés y Providencia. This was a result of the influence of British colonization in the area, English is one of the eleven official languages that are given equal status in South Africa. It is also the language in current dependent territories of Australia and of the United States. Although the United States federal government has no official languages, English has been official status by 32 of the 50 state governments. It is, by treaty, the official language for aeronautical. English is one of the languages of the United Nations and many other international organizations. In 2012, excluding native speakers,38 percent of Europeans consider that they can speak English, in publishing, English literature predominates considerably with 28 percent of all books published in the world and 30 percent of web content in 2011. This increasing use of the English language globally has had a impact on many other languages, leading to language shift and even language death. English itself has more open to language shift as multiple regional varieties feed back into the language as a whole. Variation in Nonnative Varieties of English, Northern Ireland Statistics and Research Agency. Census 2011, Key Statistics for Northern Ireland December 2012, language in England and Wales,2011. Language Use in the United States,2011, Population by mother tongue and age groups,2011 counts, for Canada, provinces and territories
2.
Morality
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Morality is the differentiation of intentions, decisions, and actions between those that are distinguished as proper and those that are improper. Morality may also be synonymous with goodness or rightness. Moral philosophy includes moral ontology, or the origin of morals, as well as moral epistemology, an example of normative ethical philosophy is the Golden Rule, which states that, One should treat others as one would like others to treat oneself. Immorality is the opposition to morality, while amorality is variously defined as an unawareness of, indifference toward. Ethics is the branch of philosophy which addresses questions of morality, the word ethics is commonly used interchangeably with morality, and sometimes it is used more narrowly to mean the moral principles of a particular tradition, group, or individual. It does not connote objective claims of right or wrong, descriptive ethics is the branch of philosophy which studies morality in this sense. In its normative sense, morality refers to whatever is actually right or wrong, normative ethics is the branch of philosophy which studies morality in this sense. For example, while they might concede that forces of social conformity significantly shape individuals moral decisions and this may be the philosophical view propounded by ethical naturalists, however not all moral realists accept that position. Moral anti-realism, on the hand, holds that moral statements either fail or do not even attempt to report objective moral facts. Some forms of non-cognitivism and ethical subjectivism, while considered anti-realist in the robust sense used here, are considered realist in the sense synonymous with moral universalism, celia Green made a distinction between tribal and territorial morality. She characterizes the latter as predominantly negative and proscriptive, it defines a persons territory, including his or her property and dependents, apart from these proscriptions, territorial morality is permissive, allowing the individual whatever behaviour does not interfere with the territory of another. By contrast, tribal morality is prescriptive, imposing the norms of the collective on the individual, Green relates the development of territorial morality to the rise of the concept of private property, and the ascendancy of contract over status. Some observers hold that individuals apply distinct sets of rules to people depending on their membership of an in-group or an out-group. Some biologists, anthropologists and evolutionary psychologists believe this in-group/out-group discrimination has evolved because it enhances group survival and this belief has been confirmed by simple computational models of evolution. In simulations this discrimination can result in both unexpected cooperation towards the in-group and irrational hostility towards the out-group, falger have argued that nationalism and patriotism are forms of this in-group/out-group boundary. Jonathan Haidt has noted that experimental observation indicating an in-group criterion provides one moral foundation substantially used by conservatives, peterson and Seligman approach the anthropological view looking across cultures, geo-cultural areas and across millennia. They conclude that certain virtues have prevailed in all cultures they examined, the major virtues they identified include wisdom / knowledge, courage, humanity, justice, temperance, and transcendence. Each of these includes several divisions, for instance humanity includes love, kindness, and social intelligence
3.
Ancient Greek
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Ancient Greek includes the forms of Greek used in ancient Greece and the ancient world from around the 9th century BC to the 6th century AD. It is often divided into the Archaic period, Classical period. It is antedated in the second millennium BC by Mycenaean Greek, the language of the Hellenistic phase is known as Koine. Koine is regarded as a historical stage of its own, although in its earliest form it closely resembled Attic Greek. Prior to the Koine period, Greek of the classic and earlier periods included several regional dialects, Ancient Greek was the language of Homer and of fifth-century Athenian historians, playwrights, and philosophers. It has contributed many words to English vocabulary and has been a subject of study in educational institutions of the Western world since the Renaissance. This article primarily contains information about the Epic and Classical phases of the language, Ancient Greek was a pluricentric language, divided into many dialects. The main dialect groups are Attic and Ionic, Aeolic, Arcadocypriot, some dialects are found in standardized literary forms used in literature, while others are attested only in inscriptions. There are also several historical forms, homeric Greek is a literary form of Archaic Greek used in the epic poems, the Iliad and Odyssey, and in later poems by other authors. Homeric Greek had significant differences in grammar and pronunciation from Classical Attic, the origins, early form and development of the Hellenic language family are not well understood because of a lack of contemporaneous evidence. Several theories exist about what Hellenic dialect groups may have existed between the divergence of early Greek-like speech from the common Proto-Indo-European language and the Classical period and they have the same general outline, but differ in some of the detail. The invasion would not be Dorian unless the invaders had some relationship to the historical Dorians. The invasion is known to have displaced population to the later Attic-Ionic regions, the Greeks of this period believed there were three major divisions of all Greek people—Dorians, Aeolians, and Ionians, each with their own defining and distinctive dialects. Often non-west is called East Greek, Arcadocypriot apparently descended more closely from the Mycenaean Greek of the Bronze Age. Boeotian had come under a strong Northwest Greek influence, and can in some respects be considered a transitional dialect, thessalian likewise had come under Northwest Greek influence, though to a lesser degree. Most of the dialect sub-groups listed above had further subdivisions, generally equivalent to a city-state and its surrounding territory, Doric notably had several intermediate divisions as well, into Island Doric, Southern Peloponnesus Doric, and Northern Peloponnesus Doric. The Lesbian dialect was Aeolic Greek and this dialect slowly replaced most of the older dialects, although Doric dialect has survived in the Tsakonian language, which is spoken in the region of modern Sparta. Doric has also passed down its aorist terminations into most verbs of Demotic Greek, by about the 6th century AD, the Koine had slowly metamorphosized into Medieval Greek
4.
Skene (theatre)
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The proskenion or space in front of the skene became, after the Classic period, the stage platform, raised above the original orchestra level. Actors emerged from the skene and sometimes in later versions could use its steps or balconies to speak from and it was also where costumes were stored and to which the periaktoi were connected. In Roman theatres, scaenae frons is the term for the decorated stone screens. The word skene means tent or hut, and it is thought that the structure for these purposes was a tent or light building of wood. Placing a skene behind the orchestra where the performers acted, played and danced broke what is thought to have been the theatre in the round nature of Greek theatre. The skene also served as another hidden stage, at times some of the action went on inside, in which case it was up to the audience to decide what was happening based on the noises coming from the inside. It was a convention of the dramas of the period that characters never died on stage. In the course of time, the skene underwent fundamental changes, first it became a permanent building, whose roof could sometimes be used to make speeches. Then it was raised up from the level of the orchestra, creating a proskenion, the facade of the proskenion now was behind the orchestra, and provided a space for supporting stage scenery. This facade was also sometimes elaborately decorated, the evolution of the actor, who assumed an individual part and answered to the chorus, introduced into drama a new form, the alternation of acted scenes, or episodes. This important change occurred in the Hellenistic period, between the 3rd and 1st century BC. In surviving examples this stage seems to have raised by 2.43 m to 3.96 m above the orchestra. The skene itself became increasingly elaborate, and was available as a place for actors to declaim from. By now there was a series of stone buildings. To each side there was a paraskenion, the episkenion was the upper floor of the skene, which might be deepened to give a third stage level, seen through thyromata or openings. The interior of the logeion behind the facade remained normally outside the view of the audience. The Oxford History of Classical Art,1993, OUP, ISBN0198143869 Grove= Anastasia N. Dinsmoor, Dinsmoor jr, Architecture, Theatres section in Thomas Braun, et al. Grove Art Online, Oxford Art Online, Oxford University Press
5.
Murder
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A murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human being with malice aforethought. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, manslaughter is a killing committed in the absence of malice, brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, in most countries, a person convicted of murder generally faces a long-term prison sentence, possibly a life sentence where permitted. In many common law jurisdictions, a convicted of murder will receive a mandatory life sentence. In jurisdictions where capital punishment exists, the penalty may be imposed for such an act, however. The modern English word murder descends from the Proto-Indo-European mrtró which meant to die, the Middle English mordre is a noun from Anglo-Saxon morðor and Old French murdre. Middle English mordre is a verb from Anglo-Saxon myrdrian and the Middle English noun, the elements of common law murder are, Unlawful killing through criminal act or omission of a human by another human with malice aforethought. Killing – At common law life ended with cardiopulmonary arrest – the total, with advances in medical technology courts have adopted irreversible cessation of all brain function as marking the end of life. Сriminal act or omission – Killing can be committed by an act or an omission. of a human – This element presents the issue of life begins. At common law, a fetus was not a human being, life began when the fetus passed through the vagina and took its first breath. By another human – In early common law, suicide was considered murder, the requirement that the person killed be someone other than the perpetrator excluded suicide from the definition of murder. With malice aforethought – Originally malice aforethought carried its everyday meaning – a deliberate, Murder necessarily required that an appreciable time pass between the formation and execution of the intent to kill. The courts broadened the scope of murder by eliminating the requirement of actual premeditation and deliberation as well as true malice, all that was required for malice aforethought to exist is that the perpetrator act with one of the four states of mind that constitutes malice. The four states of mind recognized as constituting malice are, Under state of mind, intent to kill, thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill. In other words, intent follows the bullet, examples of deadly weapons and instruments include but are not limited to guns, knives, deadly toxins or chemicals or gases and even vehicles when intentionally used to harm one or more victims. In Australian jurisdictions, the risk must amount to a foreseen probability of death. Under state of mind, the doctrine, the felony committed must be an inherently dangerous felony, such as burglary, arson, rape. Importantly, the underlying felony cannot be a lesser included offense such as assault, as with most legal terms, the precise definition of murder varies between jurisdictions and is usually codified in some form of legislation
6.
Profit (accounting)
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Profit, in accounting, is an income distributed to the owner in a profitable market production process. Profit is a measure of profitability which is the major interest in income formation process of market production. There are several measures in common use. Income formation in market production is always a balance between income generation and income distribution, the income generated is always distributed to the stakeholders of production as economic value within the review period. The profit is the share of income formation the owner is able to keep to himself in the distribution process. Profit is one of the sources of economic well-being because it means incomes and opportunities to develop production. The words income, profit and earnings are substitutes in this context, Economic well-being is created in a production process, meaning all economic activities that aim directly or indirectly to satisfy human needs. The degree to which the needs are satisfied is often accepted as a measure of economic well-being, in production there are two features which explain increasing economic well-being. They are improving quality-price-ratio of commodities and increasing incomes from growing, all of them produce commodities which have value and contribute to well-being of individuals. The satisfaction of needs originates from the use of the commodities which are produced, the need satisfaction increases when the quality-price-ratio of the commodities improves and more satisfaction is achieved at less cost. Economic well-being also increases due to the growth of incomes that are gained from the growing, market production is the only one production form which creates and distributes incomes to stakeholders. Public production and household production are financed by the incomes generated in market production, thus market production has a double role in creating well-being, i. e. the role of producing developing commodities and the role of creating income. Because of this role, market production is the “primus motor” of economic well-being. In principle there are two main activities in an economy, production and consumption, similarly there are two kinds of actors, producers and consumers. Well-being is made possible by efficient production and by the interaction between producers and consumers, in the interaction, consumers can be identified in two roles both of which generate well-being. Consumers can be both customers of the producers and suppliers to the producers, stakeholders of production are persons, groups or organizations with an interest in a producing company. Economic well-being originates in efficient production and it is distributed through the interaction between the company’s stakeholders, the stakeholders of companies are economic actors which have an economic interest in a company. Based on the similarities of their interests, stakeholders can be classified into three groups in order to differentiate their interests and mutual relations, the three groups are as follows, Customers Suppliers Producers
7.
United States obscenity law
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United States obscenity law deals with the regulation or suppression of what is considered obscenity. Issues of obscenity arise at federal and state levels, the States have a direct interest in public morality and have responsibility in relation to criminal law matters, including the punishment for the production and sale of obscene materials. State laws operate only within the jurisdiction of state. Because censorship laws enacted to combat obscenity restrict freedom of expression, the sale and distribution of obscene materials had been prohibited in most American states since the early 19th century, and by federal law since 1873. Adoption of obscenity laws in the United States at the level in 1873 was largely due to the efforts of Anthony Comstock. Comstocks intense lobbying led to the passage of an anti-obscenity statute known as the Comstock Act which made it a crime to distribute obscene material through the post and it also prohibited the use of the mail for distribution of birth control devices and information. Comstock was appointed postal inspector to enforce the new law, twenty-four states passed similar prohibitions on materials distributed within the states. The law criminalized not only sexually explicit material, but also dealing with birth control. However, the legislation did not define obscenity, which was left to the courts to determine on a case by case basis. The Supreme Court has ruled that obscenity is not protected by the First Amendment, legally, a distinction is made between socially permitted material and discussions that the public can access on the one hand and obscenity, access to which should be denied, on the other. However, no specific objective distinction exists outside of legal decisions in federal court cases where a specific action is deemed to fit the classification of obscene. The difference between art and commercial pornography, vs. that which is legally obscene, appears to be subject to decisions within local US federal districts. In fact, federal obscenity law in the U. S, in effect, the First Amendment protections of free speech vary by location within the U. S. and over time. With the advent of Internet distribution of obscene material, this question of jurisdiction. Even at the level, there does not exist a specific listing of which exact acts are to be classified as obscene outside of the legally determined court cases. Title 18, chapter 71 of the USC deals with obscenity, the workings out of the law described in this article, most notably the aforementioned Miller test. In Rosen v. United States, the Supreme Court adopted the same obscenity standard as had been articulated in a famous British case, Regina v. Hicklin, L. R.3 Q. B.360. The Hicklin test defined material as if it tended to deprave or corrupt those whose minds are open to such immoral influences
8.
Fanny Hill
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Memoirs of a Woman of Pleasure is an erotic novel by English novelist John Cleland first published in London in 1748. Written while the author was in prison in London, it is considered the first original English prose pornography. One of the most prosecuted and banned books in history, it has become a synonym for obscenity, the novel was published in two installments, on 21 November 1748 and February 1749, respectively, by G. Fenton, actually Fenton Griffiths and his brother Ralph. In court, Cleland renounced the novel and it was officially withdrawn, however, as the book became popular, pirate editions appeared. In the 19th century, copies of the book sold underground in the UK, the book eventually made its way to the United States. In 1821, in the first known obscenity case in the United States, the publisher, Peter Holmes, was convicted for printing a lewd and obscene novel. Holmes appealed to the Massachusetts Supreme Court and he claimed that the judge, relying only on the prosecutions description, had not even seen the book. The state Supreme Court wasnt swayed, the police became aware of the 1963 edition a few days before publication, after spotting a sign in the window of the Magic Shop in Tottenham Court Road in London, run by Ralph Gold. An officer went to the shop and bought a copy and delivered it to the Bow Street magistrate Sir Robert Blundell, who issued a search warrant. At the same time, two officers from the vice squad visited Mayflower Books in Vauxhall Bridge Road to determine quantities of the book were kept on the premises. They interviewed the publisher, Gareth Powell, and took away the only five copies there, the police returned to the Magic Shop and seized 171 copies of the book, and in December Ralph Gold was summonsed under section 3 of the Obscenity Act. By then, Mayflower had distributed 82,000 copies of the book, the trial took place in February 1964. The defence argued that Fanny Hill was a source book. The prosecution countered by stressing one atypical scene involving flagellation, in 1963, Putnam published the book in the United States under the title John Clelands Memoirs of a Woman of Pleasure. This edition was also banned for obscenity in Massachusetts, after a mother complained to the state’s Obscene Literature Control Commission. The publishers challenge to the ban went up to the Supreme Court, in a landmark decision in 1966, the United States Supreme Court ruled in Memoirs v. Massachusetts that Fanny Hill did not meet the Roth standard for obscenity. The art historian Johann Joachim Winckelmann recommended the work in a letter for its delicate sensitivities, editions of the book have frequently featured illustrations, but they have often been of poor quality. An exception to this is the set of mezzotints, probably designed by the artist George Morland, the book is written as a series of letters from Frances Fanny Hill to an unknown woman, with Fanny justifying her life-choices to this individual
9.
United States
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Forty-eight of the fifty states and the federal district are contiguous and located in North America between Canada and Mexico. The state of Alaska is in the northwest corner of North America, bordered by Canada to the east, the state of Hawaii is an archipelago in the mid-Pacific Ocean. The U. S. territories are scattered about the Pacific Ocean, the geography, climate and wildlife of the country are extremely diverse. At 3.8 million square miles and with over 324 million people, the United States is the worlds third- or fourth-largest country by area, third-largest by land area. It is one of the worlds most ethnically diverse and multicultural nations, paleo-Indians migrated from Asia to the North American mainland at least 15,000 years ago. European colonization began in the 16th century, the United States emerged from 13 British colonies along the East Coast. Numerous disputes between Great Britain and the following the Seven Years War led to the American Revolution. On July 4,1776, during the course of the American Revolutionary War, the war ended in 1783 with recognition of the independence of the United States by Great Britain, representing the first successful war of independence against a European power. The current constitution was adopted in 1788, after the Articles of Confederation, the first ten amendments, collectively named the Bill of Rights, were ratified in 1791 and designed to guarantee many fundamental civil liberties. During the second half of the 19th century, the American Civil War led to the end of slavery in the country. By the end of century, the United States extended into the Pacific Ocean. The Spanish–American War and World War I confirmed the status as a global military power. The end of the Cold War and the dissolution of the Soviet Union in 1991 left the United States as the sole superpower. The U. S. is a member of the United Nations, World Bank, International Monetary Fund, Organization of American States. The United States is a developed country, with the worlds largest economy by nominal GDP. It ranks highly in several measures of performance, including average wage, human development, per capita GDP. While the U. S. economy is considered post-industrial, characterized by the dominance of services and knowledge economy, the United States is a prominent political and cultural force internationally, and a leader in scientific research and technological innovations. In 1507, the German cartographer Martin Waldseemüller produced a map on which he named the lands of the Western Hemisphere America after the Italian explorer and cartographer Amerigo Vespucci
10.
Freedom of speech
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Freedom of speech is the right to articulate ones opinions and ideas without fear of government retaliation or censorship, or societal sanction. The term freedom of expression is used synonymously, but includes any act of seeking, receiving and imparting information or ideas. The right to freedom of expression includes the right to take, concepts of freedom of speech can be found in early human rights documents. Englands Bill of Rights 1689 legally established the right of freedom of speech in Parliament which is still in effect. The Declaration of the Rights of Man and of the Citizen, adopted during the French Revolution in 1789, specifically affirmed freedom of speech as an inalienable right. The Declaration provides for freedom of expression in Article 11, which states that, The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, Today, freedom of speech, or the freedom of expression, is recognized in international and regional human rights law. This means that the protection of freedom of speech as a right not only the content. The right to freedom of speech and expression is related to other rights. As a general freedom of expression may not limit the right to privacy, as well as the honor. However greater latitude is given when criticism of public figures is involved, the right to freedom of expression is particularly important for media, which plays a special role as the bearer of the general right to freedom of expression for all. However, freedom of the press is not necessarily enabling freedom of speech, lichtenberg argues that freedom of the press is simply a form of property right summed up by the principle no money, no voice. Freedom of speech is understood to be fundamental in a democracy, the norms on limiting freedom of expression mean that public debate may not be completely suppressed even in times of emergency. One of the most notable proponents of the link between freedom of speech and democracy is Alexander Meiklejohn and he argues that the concept of democracy is that of self-government by the people. For such a system to work an informed electorate is necessary, in order to be appropriately knowledgeable, there must be no constraints on the free flow of information and ideas. According to Meiklejohn, democracy will not be true to its essential ideal if those in power are able to manipulate the electorate by withholding information, Meiklejohn acknowledges that the desire to manipulate opinion can stem from the motive of seeking to benefit society. However, he argues, choosing manipulation negates, in its means, eric Barendt has called this defense of free speech on the grounds of democracy probably the most attractive and certainly the most fashionable free speech theory in modern Western democracies. Emerson expanded on this defense when he argued that freedom of speech helps to provide a balance between stability and change, Freedom of speech acts as a safety valve to let off steam when people might otherwise be bent on revolution
11.
Freedom of the press
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Freedom of the press or freedom of the media through various mediums, such as electronic media and published materials. Wherever such freedom exists mostly implies the absence of interference from an overreaching state, with respect to governmental information, any government may distinguish which materials are public or protected from disclosure to the public. Many governments are subject to sunshine laws or freedom of information legislation that are used to define the ambit of national interest. This philosophy is usually accompanied by legislation ensuring various degrees of freedom of research, publishing. The depth to which laws are entrenched in a countrys legal system can go as far down as its constitution. The concept of freedom of speech is often covered by the laws as freedom of the press, thereby giving equal treatment to spoken. This idea was famously summarized by the 20th century American journalist, A. J. Liebling, Freedom of the press gives the printer or publisher exclusive control over what the publisher chooses to publish, including the right to refuse to print anything for any reason. If the author cannot reach a agreement with a publisher to produce the authors work. CPJ shares information on breaking cases with other press freedom organizations worldwide through the International Freedom of Expression Exchange, CPJ also tracks journalist deaths and detentions. CPJ staff applies strict criteria for each case, researchers independently investigate, so the concept of independence of the press is one closely linked with the concept of press freedom. Every year, Reporters Without Borders establishes a ranking of countries in terms of their freedom of the press, the survey asks questions about direct attacks on journalists and the media as well as other indirect sources of pressure against the free press, such as non-governmental groups. RWB is careful to note that the only deals with press freedom. In 2016, the countries where press was the most free were Finland, Netherlands, Norway, Denmark and New Zealand, followed by Costa Rica, Switzerland, Sweden, Ireland and Jamaica. The country with the least degree of freedom was Eritrea, followed by North Korea, Turkmenistan, Syria, China, Vietnam. The problem with media in India, the worlds largest democracy, is enormous, India doesnt have a model for a democratic press. The report written by Ravi S Jha says Indian journalism, with its lack of freedom and self-regulation, cannot be trusted now—it is currently known for manipulation, levels of freedom are scored on a scale from 1 to 100. Depending on the basics, the nations are then classified as Free, Partly Free, in 2009 Iceland, Norway, Finland, Denmark, and Sweden topped the list with North Korea, Turkmenistan, Myanmar, Libya, Eritrea at the bottom. According to Reporters Without Borders, more than a third of the people live in countries where there is no press freedom
12.
First Amendment to the United States Constitution
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It was adopted on December 15,1791, as one of the ten amendments that constitute the Bill of Rights. The Bill of Rights was originally proposed to assuage Anti-Federalist opposition to Constitutional ratification, initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with Gitlow v. New York, the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. The Supreme Court overturned English common law precedent to increase the burden of proof for defamation and libel suits, commercial speech, however, is less protected by the First Amendment than political speech, and is therefore subject to greater regulation. The Free Press Clause protects publication of information and opinions, in Near v. Minnesota and New York Times v. United States, the Supreme Court ruled that the First Amendment protected against prior restraint—pre-publication censorship—in almost all cases. The Petition Clause protects the right to all branches and agencies of government for action. In addition to the right of assembly guaranteed by this clause, eight of the other thirteen states made similar pledges. However, these declarations were generally considered mere admonitions to state legislatures, after a brief debate, Masons proposal was defeated by a unanimous vote of the state delegations. For the constitution to be ratified, however, nine of the thirteen states were required to approve it in state conventions, opposition to ratification was partly based on the Constitutions lack of adequate guarantees for civil liberties. Constitution was eventually ratified by all thirteen states and this language was greatly condensed by Congress, and passed the House and Senate with almost no recorded debate, complicating future discussion of the Amendments intent. The First Amendment, along with the rest of the Bill of Rights, was submitted to the states for ratification on September 25,1789, and adopted on December 15,1791. In Reynolds v. United States the Supreme Court used these words to declare that it may be accepted almost as a declaration of the scope. Congress was deprived of all power over mere opinion, but was left free to reach actions which were in violation of social duties or subversive of good order. In these two sentences is found the distinction between what properly belongs to the church and what to the State. Originally, the First Amendment applied only to the federal government, Massachusetts, for example, was officially Congregationalist until the 1830s. Neither can pass laws which aid one religion, aid all religions, in the words of Jefferson, the clause against establishment of religion by law was intended to erect a wall of separation between church and State. That wall must be high and impregnable. We could not approve the slightest breach, in Torcaso v. Watkins, the Supreme Court ruled that the Constitution prohibits states and the federal government from requiring any kind of religious test for public office
13.
United States Constitution
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The United States Constitution is the supreme law of the United States of America. The Constitution, originally comprising seven articles, delineates the national frame of government, Articles Four, Five and Six entrench concepts of federalism, describing the rights and responsibilities of state governments and of the states in relationship to the federal government. Article Seven establishes the procedure used by the thirteen States to ratify it. In general, the first ten amendments, known collectively as the Bill of Rights, offer specific protections of individual liberty, the majority of the seventeen later amendments expand individual civil rights protections. Others address issues related to federal authority or modify government processes and procedures, Amendments to the United States Constitution, unlike ones made to many constitutions worldwide, are appended to the document. All four pages of the original U. S, according to the United States Senate, The Constitutions first three words—We the People—affirm that the government of the United States exists to serve its citizens. From September 5,1774 to March 1,1781, the Continental Congress functioned as the government of the United States. The process of selecting the delegates for the First and Second Continental Congresses underscores the revolutionary role of the people of the colonies in establishing a governing body. The Articles of Confederation and Perpetual Union was the first constitution of the United States and it was drafted by the Second Continental Congress from mid-1776 through late-1777, and ratification by all 13 states was completed by early 1781. Under the Articles of Confederation, the governments power was quite limited. The Confederation Congress could make decisions, but lacked enforcement powers, implementation of most decisions, including modifications to the Articles, required unanimous approval of all thirteen state legislatures. The Continental Congress could print money but the currency was worthless, Congress could borrow money, but couldnt pay it back. No state paid all their U. S. taxes, some paid nothing, some few paid an amount equal to interest on the national debt owed to their citizens, but no more. No interest was paid on debt owed foreign governments, by 1786, the United States would default on outstanding debts as their dates came due. Internationally, the Articles of Confederation did little to enhance the United States ability to defend its sovereignty, most of the troops in the 625-man United States Army were deployed facing – but not threatening – British forts on American soil. They had not been paid, some were deserting and others threatening mutiny, spain closed New Orleans to American commerce, U. S. officials protested, but to no effect. Barbary pirates began seizing American ships of commerce, the Treasury had no funds to pay their ransom, if any military crisis required action, the Congress had no credit or taxing power to finance a response. Domestically, the Articles of Confederation was failing to bring unity to the sentiments and interests of the various states
14.
Potter Stewart
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Potter Stewart was an Associate Justice of the United States Supreme Court. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, Stewart was born in Jackson, Michigan, while his family was on vacation. He was the son of Harriett L. and James Garfield Stewart and his father, a prominent Republican from Cincinnati, Ohio, served as mayor of Cincinnati for nine years and was later a justice on the Ohio Supreme Court. Potter Stewart attended the Hotchkiss School, graduating in 1933, then, he went on to Yale University, where he was a member of Delta Kappa Epsilon and Skull and Bones graduating class of 1937. He was awarded Phi Beta Kappa and served as chairman of the Yale Daily News and he graduated from Yale Law School in 1941, where he was an editor of the Yale Law Journal and a member of Phi Delta Phi. Other members of that era included Gerald R. Ford, Peter H. Dominick, Walter Lord, William Scranton, R. Sargent Shriver, Cyrus R. Vance, the last would later become his colleague on the United States Supreme Court. Stewart served in World War II as a member of the U. S. Naval Reserve aboard oil tankers, in 1943 he married Mary Ann Bertles in a ceremony at Bruton Episcopal Church in Williamsburg, Virginia. They eventually had a daughter, Harriet, and two sons, Potter, Jr. and David and he was in private practice with Dinsmore & Shohl in Cincinnati. During the early 1950s, he was elected to the Cincinnati City Council, at the age of 39, in 1954, he was appointed to the United States Court of Appeals for the Sixth Circuit. In 1958, President Dwight D. Eisenhower nominated Stewart to the Supreme Court to replace Justice Harold Hitz Burton and he was a recess appointment in 1958 before being confirmed 70–17 by the United States Senate on May 5,1959. All 17 nay votes came from Southern Democrats, Stewart came to a Supreme Court controlled by two warring ideological camps and sat firmly in its center. A case early in his Supreme Court career showing his role as the vote during that time is Irvin v. Dowd. Stewart was temperamentally inclined to moderate, pragmatic positions, but was often in a dissenting posture during his time on the Warren Court. Before the appointment of Warren Burger as Chief Justice, many speculated that President Richard Nixon would elevate Stewart to the post, Stewart, though flattered by the suggestion, did not want again to appear before—and expose his family to—the Senate confirmation process. Nor did he relish the prospect of taking on the administrative responsibilities delegated to the Chief Justice, accordingly, he met privately with the president to ask that his name be removed from consideration. Stewart opposed the Vietnam War and on a number of occasions urged the Supreme Court to grant certiorari on cases challenging the constitutionality of the war, Stewart consistently voted against claims of criminal defendants in the area of federal habeas corpus and collateral review. He was concerned about broad interpretations of the due process and equal protection clauses and he was the lone dissenter in the landmark juvenile law case In re Gault. That case extended to minors the right to be informed of rights and the right to an attorney, Justice Stewart went on to defend the movie in question against further censorship
15.
Supreme Court of the United States
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The Supreme Court of the United States is the highest federal court of the United States. In the legal system of the United States, the Supreme Court is the interpreter of federal constitutional law. The Court normally consists of the Chief Justice of the United States and eight justices who are nominated by the President. Once appointed, justices have life tenure unless they resign, retire, in modern discourse, the justices are often categorized as having conservative, moderate, or liberal philosophies of law and of judicial interpretation. Each justice has one vote, and while many cases are decided unanimously, the Court meets in the United States Supreme Court Building in Washington, D. C. The Supreme Court is sometimes referred to as SCOTUS, in analogy to other acronyms such as POTUS. The ratification of the United States Constitution established the Supreme Court in 1789 and its powers are detailed in Article Three of the Constitution. The Supreme Court is the court specifically established by the Constitution. The Court first convened on February 2,1790, by which five of its six initial positions had been filled. According to historian Fergus Bordewich, in its first session, he Supreme Court convened for the first time at the Royal Exchange Building on Broad Street and they had no cases to consider. After a week of inactivity, they adjourned until September, the sixth member was not confirmed until May 12,1790. Because the full Court had only six members, every decision that it made by a majority was made by two-thirds. However, Congress has always allowed less than the Courts full membership to make decisions, under Chief Justices Jay, Rutledge, and Ellsworth, the Court heard few cases, its first decision was West v. Barnes, a case involving a procedural issue. The Courts power and prestige grew substantially during the Marshall Court, the Marshall Court also ended the practice of each justice issuing his opinion seriatim, a remnant of British tradition, and instead issuing a single majority opinion. Also during Marshalls tenure, although beyond the Courts control, the impeachment, the Taney Court made several important rulings, such as Sheldon v. Nevertheless, it is primarily remembered for its ruling in Dred Scott v. Sandford, which helped precipitate the Civil War. In the Reconstruction era, the Chase, Waite, and Fuller Courts interpreted the new Civil War amendments to the Constitution, during World War II, the Court continued to favor government power, upholding the internment of Japanese citizens and the mandatory pledge of allegiance. Nevertheless, Gobitis was soon repudiated, and the Steel Seizure Case restricted the pro-government trend, the Warren Court dramatically expanded the force of Constitutional civil liberties. It held that segregation in public schools violates equal protection and that traditional legislative district boundaries violated the right to vote
16.
Miller v. California
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It is now referred to as the three-prong standard or the Miller test, with the third prong being informally known by the initialism and mnemonic device SLAPS or the term SLAPS test. The brochure used in the mailing contained graphic images from the books, five of the brochures were mailed to a restaurant in Newport Beach, California. The owner and his mother opened the envelope and seeing the brochures, Miller was arrested and charged with violating California Penal Code 311. California lawmakers wrote the statute based on two previous Supreme Court obscenity cases, Memoirs v. Massachusetts and Roth v. United States, Miller was tried by jury in the Superior Court of Orange County. At the conclusion of the phase, the judge instructed the jury to evaluate the evidence by the community standards of California. The jury returned a guilty verdict, Miller argued that only a national standard for obscenity could be applied. The appellate division rejected the argument and affirmed the jury verdict, Miller then filed an appeal with the California Court of Appeal for the Third District, which declined to review. Miller applied to the Supreme Court for certiorari, which was granted, oral arguments were heard in January 1972. The U. S. Supreme Court granted certiorari to Miller because the California law was based on its two previous obscenity cases which the Court wanted to revisit. Chief Justice Warren Burger came to the Court in 1969 believing that the Courts obscenity jurisprudence was misguided and governments should be given more leeway to ban obscene materials. Decision of the case was contentious, and Miller was put over for reargument for October term 1972, since the Courts decision in Roth v. United States,354 U. S.476, the Court had struggled to define what constituted constitutionally unprotected obscene material. Thus, works by Balzac, Flaubert, James Joyce, and D. H. Lawrence were banned based on isolated passages, only material now meeting this test could be banned as obscene. In Memoirs v. Massachusetts,383 U. S. Miller had based his appeal in California on Memoirs v. Massachusetts, the question before the court was whether the sale and distribution of obscene material was protected under the First Amendments guarantee of Freedom of Speech. The Court ruled that it was not and it indicated that obscene material is not protected by the First Amendment, especially that of hardcore pornography, thereby reaffirming part of Roth. However, the Court acknowledged the inherent dangers of undertaking to regulate any form of expression and this obscenity test overturns the definition of obscenity set out in the Memoirs decision, which held that all ideas having even the slightest redeeming social importance. Have the full protection of the guaranties and that obscenity was that which was utterly without redeeming social importance, the Miller decision vacated the jury verdict and remanded the case back to the California Superior Court. Miller provided states greater freedom in prosecuting alleged purveyors of obscene material because, for the first time since Roth, hundreds of obscenity prosecutions went forward after Miller, and the Supreme Court began denying review of these state actions after years of reviewing many obscenity convictions. A companion case to Miller, Paris Adult Theatre I v. Slaton, in the years since Miller, many localities have cracked down on adult theatres and bookstores, as well as nude dancing, through restrictive zoning ordinances and public nudity laws
17.
Warren E. Burger
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Warren Earl Burger was the 15th Chief Justice of the United States from 1969 to 1986. Although Burger was a conservative, and the U. S. Warren Earl Burger was born in Saint Paul, Minnesota, in 1907 and his parents, Katharine and Charles Joseph Burger, a traveling salesman and railroad cargo inspector, were of Austrian German descent. His grandfather, Joseph Burger, had emigrated from Tyrol, Austria, Joseph Burger fought and was wounded in the Civil War, resulting in the loss of his right arm and was awarded the Medal of Honor at the age of 14. Joseph Burger by age 16 became the youngest Captain in the Union Army, Burger grew up on the family farm near the edge of Saint Paul. He attended John A. Johnson High School, where he was president of the student council and he competed in hockey, football, track, and swimming. While in high school, he wrote articles on school sports for local newspapers. That same year, Burger also worked with the building the Robert Street Bridge. Concerned about the number of deaths on the project, he asked that a net be installed to catch anyone who fell, in later years, Burger made a point of visiting the bridge whenever he came back to town. Burger attended night school at the University of Minnesota while selling insurance for Mutual Life Insurance, afterward, he enrolled at Mitchell Hamline School of Law, receiving his degree magna cum laude in 1931. He took a job at the firm of Boyensen, Otis and Faricy, now known as Moore, in 1937, Burger served as the eighth president of the Saint Paul Jaycees. He also taught for years at William Mitchell. His political career began uneventfully, but he rose to national prominence. He supported Minnesota Governor Harold E. Stassens unsuccessful pursuit of the Republican nomination for President in 1948, in 1952, at the Republican convention, he played a key role in Dwight D. Eisenhowers nomination by delivering the Minnesota delegation. After he was elected, President Eisenhower appointed Burger as the Assistant Attorney General in charge of the Civil Division of the Justice Department, in this role, he first argued in front of the Supreme Court. The case involved John P. Peters, a Yale University professor who worked as a consultant to the government and he had been discharged from his position on loyalty grounds. Supreme Court cases are argued by the Solicitor General, but he disagreed with the governments position. In 1956, Eisenhower appointed him to the U. S. Court of Appeals for the District of Columbia Circuit and he remained on the Court of Appeals for thirteen years. In 1968, Chief Justice Earl Warren announced his retirement after 15 years on the Court, President Lyndon Johnson nominated sitting Associate Justice Abe Fortas to the position, but a Senate filibuster blocked his confirmation
18.
Memoirs v. Massachusetts
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Memoirs v. Massachusetts,383 U. S.413, was the United States Supreme Court decision that attempted to clarify a holding regarding obscenity made a decade earlier in Roth v. United States. Since the Roth ruling, to be declared obscene a work of literature had to be proven by censors to, 1) appeal to prurient interest, 2) be patently offensive, and 3) have no redeeming social value. The judgment favoring the plaintiff continued that it could still be held obscene under certain circumstances – for instance, if it were marketed solely for its prurient appeal. Memoirs v. Massachusetts led to years of debate about what was and was not obscene. Banned in Boston List of United States Supreme Court cases, volume 383 Scott, Joseph E. Eitle, David J. Skovron, obscenity and the law, Is it possible for a jury to apply contemporary community standards in determining obscenity. Text of Memoirs v. Massachusetts,383 U. S.413 is available from, Findlaw Justia
19.
Max Hardcore
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Max Hardcore is a pornographic actor, producer, and director. He rose to prominence in 1992 with the film series The Anal Adventures of Max Hardcore and his work has been classified as gonzo pornography and described as testing the limits of acceptability. He is a member of the X-Rated Critics Organizations Hall of Fame, Max and actress Layla Rivera appeared on the Howard Stern show on September 24,2007. He spent two and a half years in prison, convicted in a trial for obscenity and his company, Max World Entertainment, was headquartered in Altadena, California. Max Hardcores films generally consist of sexual acts executed by himself, with women, often porn industry newcomers, who act like underage girls or their upset mothers, with an emphasis on anal sex. All of the used in Littles movies are over the legal age of 18, however, they frequently dress and act in a way as to suggest that they are younger. There are also scenes wherein the actresses, at his direction, vomit or blow snot into their mouths or on themselves, films by Max Hardcore often depict their director and star inflicting apparent pain and humiliation on his co-stars. In an interview, Max said with pride that while no one is forced to do anything they refused to do, Hardcore calls his own material vile and crazy and considers that he has been influential on the porn industry, spawning many imitators. Writer Susannah Breslin, reviewing Hardcores work, has commented, In Max Hardcore movies – Pure Max, Hardcore Schoolgirls, – the women are verbally and physically degraded in an unprecedented myriad of ways. The treatment by Hardcore of his female co-stars has been described by critics as occasionally abusive. The tone of Hardcores work has been considered misogynistic and his films and alleged work methods have reportedly made him relatively unpopular in the porn industry. Porn star Debi Diamond in 2010 produced the DVD This Isnt Max Hardcore, in it, a male performer, Rod Fontana, dressed in an approximation of Maxs yellow outfit and cowboy hat, is humiliated in various ways, including pegging. Based on Max Extreme 4, the city of Los Angeles in 1998 charged him with child pornography and distribution of obscenity. The fact that the actress was over the age of 18 was not disputed, just before the case was brought to trial in 2002, the U. S. Supreme Court ruled that the statute prohibiting adults from portraying children in films and books was unconstitutional. Based on this ruling, the pornography charges against Little were dismissed. The misdemeanor charge of distribution of obscenity was retained, but the failed to reach a verdict. An additional obscenity charge was subsequently levied against him by L. A. again resulting in a hung jury, Little commented after the trial that it was a frivolous waste of public resources. On October 5,2005, while Little was in Barcelona to attend an international FICEB Erotic Expo, five video titles and the offices computer servers were seized, ostensibly for research toward a federal obscenity indictment or a charge related to the 2257 record-keeping law
20.
Howl
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Howl is a poem written by Allen Ginsberg in 1955, published as part of his 1956 collection of poetry titled Howl and Other Poems, and dedicated to Carl Solomon. Ginsberg began work on Howl as early as 1954, in the Paul Blackburn Tape Archive at the University of California, San Diego, Ginsberg can be heard reading early drafts of his poem to his fellow writing associates. Howl is considered to be one of the works of American literature. It came to be associated with the group of known as the Beat Generation. There is no foundation to the myth that Howl was written as a performance piece and this myth was perpetrated by Ferlinghetti as part of the defenses case during the poems obscenity trial. Upon the poems release, Ferlinghetti and the manager, Shigeyoshi Murao, were charged with disseminating obscene literature. On October 3,1957, Judge Clayton W. Horn ruled that the poem was not obscene, Allen Ginsberg wrote drafts of the poem Howl in mid-1954 to 1955, purportedly at a coffeehouse known today as the Caffe Mediterraneum in Berkeley, California. Many factors went into the creation of the poem, a short time before the composition of Howl, Ginsbergs therapist, Dr. Philip Hicks, encouraged him to quit his job and pursue poetry full-time. He experimented with a syntactic subversion of meaning called parataxis in the poem Dream Record, June 8,1955 about the death of Joan Vollmer, a technique that would become central in Howl. Ginsberg showed this poem to Kenneth Rexroth, who criticized it as too stilted and academic, Rexroth encouraged Ginsberg to free his voice, Ginsberg took this advice and attempted to write a poem with no restrictions. He was under the influence of William Carlos Williams and Jack Kerouac. Ginsberg began the poem in the triadic form he took from Williams but, in the middle of typing the poem. Ginsberg would experiment with this form in many later poems. The first draft contained what would later become Part I and Part III, Ginsberg admitted later this sympathy for Solomon was connected to bottled-up guilt and sympathy for his mothers schizophrenia, an issue he was not yet ready to address directly. I never asked him, and he never offered, Orlovsky told them, poets do it all the time. The Dedication by Ginsberg states he took the title from Kerouac, the poem was first performed at the Six Gallery in San Francisco on October 7,1955. The reading was conceived by Wally Hedrick—a painter and co-founder of the Six—who approached Ginsberg in mid-1955, but once hed written a rough draft of Howl, he changed his fucking mind, as he put it. Further evidence that this was not performance art but poetry—a written piece that Ginsberg would not and has not ever described as anything, Ginsberg was ultimately responsible for inviting the readers and writing the invitation
21.
FCC v. Pacifica Foundation
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In 1973, a father complained to the FCC that his son had heard the George Carlin routine Filthy Words broadcast one afternoon over WBAI, a Pacifica Foundation FM radio station in New York City. Pacifica received censure from the FCC, in the form of a letter of reprimand, the U. S. Supreme Court upheld the FCC action in 1978, by a vote of 5 to 4, ruling that the routine was indecent but not obscene. The Court accepted as compelling the governments interests in, Shielding children from potentially offensive material, in 1997, Pacifica Radio Living Room host Larry Bensky prefaced an interview with Carlin by saying, George Carlin, youre a very unusual guest for Pacifica Radio. Youre probably the person in the United States that we dont have to give The Carlin Warning to about which words you cant say on this program. List of United States Supreme Court cases, volume 438 Federal Communications Commission v. Fox Television Stations Federal Communications Commission v. Fox Television Stations Tremblay, free Speech on Trial, Communication Perspectives on Landmark Supreme Court Decisions. Tuscaloosa, AL, University of Alabama Press, audio of the oral argument and decision 77-528 First Amendment Library entry on FCC v. Pacifica Foundation, First Amendment Center, archived from the original on 1 Jul 2008, retrieved 15 February 2015
22.
Seven dirty words
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The seven dirty words are seven English-language words that American comedian George Carlin first listed in 1972 in his monologue Seven Words You Can Never Say on Television. The words are, shit, piss, fuck, cunt, cocksucker, motherfucker, at the time, the words were considered highly inappropriate and unsuitable for broadcast on the public airwaves in the United States, whether radio or television. The list was not an official enumeration of words. The last seven words are the same as George Carlins, in 1972, George Carlin released an album of stand-up comedy entitled Class Clown. I dont know there was a Eureka. On these other things, we get into the field of hypocrisy, where you really cannot pin down what these rules they want to enforce are. Its just impossible to say this is a blanket rule, youll see some newspapers print f blank blank k. Some print f asterisk asterisk k, Some blank-- Some put f blank blank blank. So theres no. theres no real consistent standard and its a notion that they have and its superstitious. We give them power by refusing to be free and easy with them. We give them power over us. They really, in themselves, have no power and its the thrust of the sentence that makes them either good or bad. He was arrested for disturbing the peace when he performed the routine at a show at Summerfest in Milwaukee, on his next album, 1973s Occupation, Foole, Carlin performed a similar routine titled Filthy Words, dealing with the same list and many of the same themes. Pacifica station WBAI broadcast this version of the routine uncensored on October 30 that year, following the lodging of the complaint, the FCC proceeded to ask Pacifica for a response, then issued a declaratory order upholding the complaint. The FCC in turn appealed to the Supreme Court, as an independent federal agency, the FCC filed the appeal in its own name. This decision formally established indecency regulation in American broadcasting, and I said, Hey, motherfucker, how did you get my phone number, anyway. He later added it back, claiming the bits rhythm does not work without it. In his comedy routine, Carlin would make fun of each word, for example, Carlin performed the routine many times and included it, in whole or in part on several of his records and HBO specials
23.
State v. Henry
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The ruling made Oregon the first to abolish the offense of obscenity in its state law, although obscenity remains a federal offense. The case came about when the owner of an adult bookstore and he was fined $2,000 and sentenced to 60 days in jail but was allowed to remain free pending an appeal. The ACLU of Oregon filed an appeal to the Oregon Supreme Court on Mr. Long, oregons Unique Constitutional Protection of Free Expression is Challenged
24.
Oregon Supreme Court
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The Oregon Supreme Court is the highest state court in the U. S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States, the OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol building on State Street. The building was finished in 1914 and also houses the law library. Tracing its heritage to 1841 when Oregon pioneers selected a judge with probate powers. These seven justices then select one member to serve a term as Chief Justice. The court’s Chief Justice is not only responsible for assigning cases to the justices to write the court’s opinions. Primarily an appeals court, the Oregon Supreme Court is also the court of last resort in Oregon, although most oral arguments before the court are held in the Oregon Supreme Court Building, the court does travel around the state holding sessions in various schools. All cases are heard en banc by the court and it receives appeals from the Oregon Tax Court, the Oregon Court of Appeals, and some select cases such as death penalty appeals. Decisions of the court are published in the Oregon Reporter published by the Oregon Judicial Department, the court is composed of seven elected justices, each of whom serves a six-year term after winning a nonpartisan election. Justices, like other Oregon state court judges, must be United States citizens, the newest justice receives the smallest office and is responsible for opening the door when a conference is interrupted. When a state court judge retires, resigns, or dies before completing a term, to retain that position, the appointed person must run for election for a full six-year term at the next general election. On occasion, a judge will leave office at the end of a term, senior judges are all former, qualified judges that have retired from a state court. Only former Supreme Court justices, elected Oregon circuit court judges, the court can appoint retired judges, lawyers, and other judges to serve temporarily as judges at any level in Oregon. They can also appoint senior judges to serve on any state court at or below the highest level of court judge had served on before retirement or resignation. The state supreme court is responsible for admitting new lawyers to practice in Oregon, disciplining attorneys and this board of a minimum of fourteen members is responsible for administering the bar exam and screening prospective lawyers before admitting applicants to practice law in Oregon. Oversight of state judges is also in the hands of the Supreme Court, the Commission on Judicial Fitness and Disability investigates all reports of abuses and makes recommendations to the Supreme Court on any actions that may need to occur. The Supreme Court can then suspend judges, censure them, remove them from office, one justice of the court is elected by the court to serve a six-year term as Chief Justice. The Chief Justice is then responsible for all administration of the Supreme Court, under a law enacted in 1981 the chief is not only the titular head of the Supreme Court, but also is the chief executive officer of the Oregon Judicial Department
25.
Constitution of Oregon
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The Oregon Constitution is the governing document of the U. S. state of Oregon, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights and this contains most of the rights and privileges granted in the United States Bill of Rights and the main text of the United States Constitution. The remainder of the Oregon Constitution outlines the divisions of power within the government, lists the times of elections, and defines the state boundaries. The first constitutional documents enacted in Oregon pre-dated statehood and these were the Organic Law of 1843 and the Organic Law of 1845, adopted to govern Oregon Territory. In 1857, leaders of the gathered at the Oregon Constitutional Convention. Over half of the content was derived in part from the Indiana constitution. Its original implementation provisions included a vote excluding African Americans from the state, on November 9,1857, Oregon voters approved its first constitution that then became effective upon statehood on February 14,1859. The constitution was unchanged for the remainder of the 19th century, the changes have included the introduction of a direct legislation system, which enabled Oregon voters to propose and approve amendments both to the Constitution and to the Oregon Revised Statutes. In 1905, a coalition of Oregon lawyers advocated for convening a constitutional convention the following year, according to The Oregonian, Portland attorneys were almost to a man in favor of making the change. Dissenters included Portland attorneys George W. Joseph, who advised leaving well enough alone, wood, who insisted that the recent passage of initiative and referendum system offered sufficient opportunity to amend the constitution as needed. Governor George Earle Chamberlain declined to take a position, in 1927, Oregonians finally decided to remove this suffrage exclusion from their constitution. The Oregon Constitution is easier to amend than its federal counterpart, Constitution requires a two-thirds vote in Congress and ratification by three-fourths of the states. See the list of Oregon ballot measures for initiative amendments, in State v. Later in 1987, the court cited this provision when it abolished the states obscenity statute in State v. Henry
26.
Reno v. American Civil Liberties Union
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Reno v. American Civil Liberties Union,521 U. S. Two Justices concurred in part and dissented in part to the decision and this was the first major Supreme Court ruling on the regulation of materials distributed via the Internet. The ACLU argued that parts of the act were facially unconstitutional. Section 561 of the act required that any facial challenges be heard by a panel of three judges, that panel granted the injunction. Because the act also permitted appeals to be directly by the Supreme Court. In Ginsberg v. New York, the Supreme Court ruled that material that is not obscene may nonetheless be harmful for children, and its marketing may be regulated. In Reno v. Finally, in Renton v. Playtime Theatres, the government argued that the CDA was an attempt to institute a sort of cyberzoning on the Internet. In Reno v. ACLU, however, the Court ruled that the time, place, and manner regulation that Renton had enacted was not similar to the CDA, which was a content-based blanket restriction on speech. In a nuanced decision, Justice John Paul Stevens wrote of the differences between Internet communication and previous types of communication that the Court had ruled on. In conclusion, he wrote, We are persuaded that the CDA lacks the precision that the First Amendment requires when a statute regulates the content of speech. In order to deny access to potentially harmful speech, the CDA effectively suppresses a large amount of speech that adults have a constitutional right to receive. That burden on speech is unacceptable if less restrictive alternatives would be at least as effective in achieving the legitimate purpose that the statute was enacted to serve. It is true that we have recognized the governmental interest in protecting children from harmful materials. But that interest does not justify an unnecessarily broad suppression of speech addressed to adults, as we have explained, the Government may not reduc the adult population. to. only what is fit for children. The rest of the CDA, including the safe harbor provision protecting Internet service providers from being liable for the words of others, was not affected by this decision and remains law. Through the use of rooms, any person with a phone line can become a town crier with a voice that resonates farther than it could from any soapbox. Through the use of Web pages, mail exploders, and newsgroups, if such technology could be introduced, they wrote, zoning portions of the Internet to prohibit adult content could be as constitutional as such zoning is in the physical world. The two dissented in part, writing they would have invalidated a portion of the two CDA provisions under review
27.
Roth Standard
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Thus, works by Balzac, Flaubert, James Joyce and D. H. Lawrence were banned based on isolated passages and the effect they might have on children. David Alberts, who ran a business from Los Angeles, was convicted under a California statute for publishing pictures of nude. The Court granted certiorari and affirmed both convictions, Roth came down as a 6–3 decision, with the opinion of the Court authored by William J. Brennan, Jr. Only material meeting this test could be banned as obscene, however, Brennan reaffirmed that obscenity was not protected by the First Amendment and thus upheld the convictions of Roth and Alberts for publishing and sending obscene material through the mail. Justices Hugo Black and William O. Douglas, First Amendment literalists, dissented in Roth, in his 1968 presidential campaign, Richard Nixon campaigned against the Warren Court, pledging to appoint strict constructionists to the Supreme Court. In Miller v. California, a majority agreed for the first time since Roth as to a test for determining constitutionally unprotected obscenity. List of United States Supreme Court cases, volume 354 Freedom of speech United States Bill of Rights United States Constitution One, Inc. v. Olesen,355 U. S.371, an application of the Roth standard
28.
Roth v. United States
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Thus, works by Balzac, Flaubert, James Joyce and D. H. Lawrence were banned based on isolated passages and the effect they might have on children. David Alberts, who ran a business from Los Angeles, was convicted under a California statute for publishing pictures of nude. The Court granted certiorari and affirmed both convictions, Roth came down as a 6–3 decision, with the opinion of the Court authored by William J. Brennan, Jr. Only material meeting this test could be banned as obscene, however, Brennan reaffirmed that obscenity was not protected by the First Amendment and thus upheld the convictions of Roth and Alberts for publishing and sending obscene material through the mail. Justices Hugo Black and William O. Douglas, First Amendment literalists, dissented in Roth, in his 1968 presidential campaign, Richard Nixon campaigned against the Warren Court, pledging to appoint strict constructionists to the Supreme Court. In Miller v. California, a majority agreed for the first time since Roth as to a test for determining constitutionally unprotected obscenity. List of United States Supreme Court cases, volume 354 Freedom of speech United States Bill of Rights United States Constitution One, Inc. v. Olesen,355 U. S.371, an application of the Roth standard
29.
Jacobellis v. Ohio
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The Supreme Court reversed the conviction by ruling that the film was not obscene and so was constitutionally protected. However, the Court could not agree as to a rationale, no opinion, including the two dissenting ones, had the support of more than two justices. The decision was announced by William J. Brennan, but his opinion was joined only by Justice Arthur Goldberg, Justice Hugo Black, joined by Justice William O. Douglas, reiterated his well-known view that the First Amendment does not permit censorship of any kind. Justice John Marshall Harlan II also dissented, he believed states should have wide. The most famous opinion from Jacobellis, however, was Justice Potter Stewarts concurrence, but I know it when I see it, and the motion picture involved in this case is not that. The Courts obscenity jurisprudence would remain fragmented until 1973s Miller v. California, many legal observers feel that after Miller, it remained confusing and vague. What is obscene in one place can be legal in another
30.
Federal Communications Commission
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The FCC works towards six goals in the areas of broadband, competition, the spectrum, the media, public safety and homeland security, and modernizing itself. The FCC was formed by the Communications Act of 1934 to replace the radio regulation functions of the Federal Radio Commission, the FCC took over wire communication regulation from the Interstate Commerce Commission. The FCCs mandated jurisdiction covers the 50 states, the District of Columbia, the FCC also provides varied degrees of cooperation, oversight, and leadership for similar communications bodies in other countries of North America. The FCC is funded entirely by regulatory fees and it has an estimated fiscal-2016 budget of US$388 million. Consistent with the objectives of the Act as well as the 1993 Government Performance and Results Act and these are, Broadband All Americans should have affordable access to robust and reliable broadband products and services. Competition Competition in the provision of services, both domestically and overseas, supports the Nations economy. The competitive framework for communications services should foster innovation and offer consumers reliable, Media The Nations media regulations must promote competition and diversity and facilitate the transition to digital modes of delivery. Public Safety and Homeland Security Communications during emergencies and crisis must be available for public safety, health, defense, the Nations critical communications infrastructure must be reliable, interoperable, redundant, and rapidly restorable. The FCC is directed by five appointed by the President of the United States and confirmed by the United States Senate for five-year terms. The U. S. President designates one of the commissioners to serve as chairman, only three commissioners may be members of the same political party. None of them may have a financial interest in any FCC-related business, importantly, commissioners may continue serving until the appointment of their replacements, but may not serve beyond the end of the next session of Congress following term expiration. In practice, as of 2016 this means that commissioners may serve up to 1 1/2 years beyond the term expiration dates listed above if no replacement is appointed. The Consumer & Governmental Affairs Bureau develops and implements the FCCs consumer policies, CGB serves as the public face of the FCC through outreach and education, as well as through their Consumer Center, which is responsible for responding to consumer inquiries and complaints. CGB also maintains partnerships with state, local, and tribal governments in such areas as emergency preparedness. The Enforcement Bureau is responsible for enforcement of provisions of the Communications Act 1934, FCC rules, FCC orders, major areas of enforcement that are handled by the Enforcement Bureau are consumer protection, local competition, public safety, and homeland security. S. The International Bureau also oversees FCC compliance with the international Radio Regulations, the Media Bureau also handles post-licensing matters regarding direct broadcast satellite service. The Wireless Telecommunications Bureau regulates domestic wireless telecommunications programs and policies, the Wireline Competition Bureau develops policy concerning wire line telecommunications. The Wireline Competition Bureaus main objective is to promote growth and economical investments in technology infrastructure, development, markets
31.
Charles Baudelaire
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Charles Pierre Baudelaire was a French poet who also produced notable work as an essayist, art critic, and pioneering translator of Edgar Allan Poe. His most famous work, Les Fleurs du mal, expresses the nature of beauty in modern. Baudelaires highly original style of prose-poetry influenced a generation of poets including Paul Verlaine, Arthur Rimbaud. He is credited with coining the term modernity to designate the fleeting, ephemeral experience of life in a metropolis. This obsessive idea is all a child of giant cities. Baudelaire is one of the innovators in French literature. He made Paris the subject of modern poetry and he would bring the citys details to life in the eyes and hearts of his readers. Baudelaire was born in Paris, France, on April 9,1821 and his father, François Baudelaire, a senior civil servant and amateur artist, was 34 years older than Baudelaires mother, Caroline. François died during Baudelaires childhood, in 1827, the following year, Caroline married Lieutenant Colonel Jacques Aupick, who later became a French ambassador to various noble courts. He stated in a letter to her that, There was in my childhood a period of passionate love for you, Baudelaire regularly begged his mother for money throughout his career, often promising that a lucrative publishing contract or journalistic commission was just around the corner. Baudelaire was educated in Lyon, where he boarded, Baudelaire was erratic in his studies, at times diligent, at other times prone to idleness. Later, he attended the Lycée Louis-le-Grand in Paris, studying law and he began to frequent prostitutes and may have contracted gonorrhea and syphilis during this period. He also began to run up debts, mostly for clothes, upon gaining his degree in 1839, he told his brother I dont feel I have a vocation for anything. His stepfather had in mind a career in law or diplomacy and his mother later recalled, Oh, what grief. If Charles had let himself be guided by his stepfather, his career would have very different. He would not have left a name in literature, it is true and his stepfather sent him on a voyage to Calcutta, India, in 1841 in the hope of ending his dissolute habits. The trip provided strong impressions of the sea, sailing, and exotic ports, on returning to the taverns of Paris, he began to compose some of the poems of Les Fleurs du Mal. At 21, he received an inheritance but squandered much of it within a few years
32.
Lenny Bruce
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Leonard Alfred Schneider, better known by his stage name Lenny Bruce, was a Jewish-American stand-up comedian, social critic, satirist, and screenwriter. He was renowned for his open, free-style and critical form of comedy which integrated satire, politics, religion, sex, and vulgarity. His 1964 conviction in an obscenity trial was followed by a posthumous pardon and he paved the way for future outspoken counterculture-era comedians, and his trial for obscenity is seen as a landmark for freedom of speech in the United States. In 2017, Rolling Stone magazine ranked him third on its list of the 50 best stand-up comics of all time, Lenny Bruce was born Leonard Alfred Schneider in Mineola, New York, grew up in nearby Bellmore, and attended Wellington C. His parents divorced when he was five years old, and Lenny lived with relatives over the next decade. His British-born father, Myron Schneider, was a shoe clerk, Bruces mother, Sally Marr, was a stage performer and had an enormous influence on Bruces career. In May 1945, after a performance for his shipmates in which he was dressed in drag. He defiantly convinced his ships medical officer that he was experiencing homosexual urges and this led to his dishonorable discharge in July 1945. However, he had not admitted to or been found guilty of any breach of naval regulations, by reason of unsuitability for the naval service. In 1959, while taping the first episode of Hugh Hefners Playboys Penthouse, Bruce talked about his Navy experience, after a short stint in California spent living with his father, Bruce settled in New York City, hoping to establish himself as a comedian. However, he found it difficult to differentiate himself from the thousands of other showbusiness hopefuls who populated the city, One locale where they congregated was Hansons, the diner where Bruce first met the comedian Joe Ancis, who had a profound influence on his approach to comedy. Many of Bruces later routines reflected his meticulous schooling at the hands of Ancis, according to Bruces biographer Albert Goldman, Ancis humor involved stream-of-consciousness sexual fantasies and references to jazz. Lenny took the stage as Lenny Marsalle one evening at the Victory Club and his ad-libs earned him some laughs. Soon afterward, in 1947, just after changing his last name to Bruce, he earned $12, in 1956 Frank Ray Perilli, a fellow nightclub comedian who eventually became a screenwriter of two dozen successful films and plays, became a mentor and part-time manager of Lenny Bruce. Through Perilli, Bruce met and collaborated with photojournalist William Karl Thomas on three screenplays, none of which made it to the screen, and the material on the first three albums. These albums were compiled and re-released as The Lenny Bruce Originals. Two later records were produced and sold by Bruce himself, including a 10-inch album of the 1961 San Francisco performances that started his legal troubles. Starting in the late 1950s, other unissued Bruce material was released by Alan Douglas, Frank Zappa and Phil Spector, as well as Fantasy
33.
William S. Burroughs
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William Seward Burroughs II was an American writer. Burroughs was a figure of the Beat Generation and a major postmodernist author whose influence is considered to have affected a range of popular culture as well as literature. Burroughs wrote eighteen novels and novellas, six collections of short stories, five books have been published of his interviews and correspondences. He also collaborated on projects and recordings with numerous performers and musicians and he was also briefly known by the pen name William Lee. He was born into a family in St. Louis, Missouri, grandson of the inventor and founder of the Burroughs Corporation, William Seward Burroughs I. Burroughs began writing essays and journals in early adolescence, but did not begin publicizing his writing until his thirties and he left home in 1932 to attend Harvard University, studied English, and anthropology as a postgraduate, and later attended medical school in Vienna. With Brion Gysin, he popularized the literary cut-up technique in works such as The Nova Trilogy. In 1983, Burroughs was elected to the American Academy and Institute of Arts and Letters, J. G. Burroughs had one child, William S. Burroughs, Jr. with his second wife Joan Vollmer. William Burroughs died at his home in Lawrence, Kansas, after suffering an attack in 1997. Burroughs was born in 1914, the younger of two born to Mortimer Perry Burroughs and Laura Hammon Lee. His was a prominent family of English ancestry in St. Louis and his grandfather, William Seward Burroughs I, founded the Burroughs Adding Machine company, which evolved into the Burroughs Corporation. Burroughss mother was the daughter of a minister whose family claimed to be related to Robert E. Lee and his maternal uncle, Ivy Lee, was an advertising pioneer later employed as a publicist for the Rockefellers. His father ran an antique and gift shop, Cobblestone Gardens, first in St. Louis, then in Palm Beach, as a boy, Burroughs lived on Pershing Ave. in St. Louiss Central West End. He attended John Burroughs School in St. Louis where his first published essay and he then attended the Los Alamos Ranch School in New Mexico, which was stressful for him. The school was a school for the wealthy, where the spindly sons of the rich could be transformed into manly specimens. Burroughs kept journals documenting an erotic attachment to another boy, according to his own account, he destroyed these later, ashamed of their content. He became a well-known homosexual writer after the publication of Naked Lunch in 1959, some say that he was expelled from Los Alamos after taking chloral hydrate in Santa Fe with a fellow student. Yet, according to his own account, he left voluntarily, Burroughs finished high school at Taylor School in Clayton, Missouri, and in 1932, left home to pursue an arts degree at Harvard University, where he was affiliated with Adams House
34.
Allen Ginsberg
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Irwin Allen Ginsberg was an American poet of Jewish origin, and one of the leading figures of both the Beat Generation of the 1950s and the counterculture that soon would follow. He was one of many influential American writers of his known as the Beat Generation. Ginsberg is best known for his poem Howl, in which he denounced what he saw as the forces of capitalism. In 1956, Howl was seized by San Francisco police and US Customs. S, Howl reflected Ginsbergs own homosexuality and his relationships with a number of men, including Peter Orlovsky, his lifelong partner. Judge Clayton W. Horn ruled that Howl was not obscene, adding, Ginsberg was a practicing Buddhist who studied Eastern religious disciplines extensively. He lived modestly, buying his clothing in stores and residing in downscale apartments in New York’s East Village. One of his most influential teachers was the Tibetan Buddhist the Venerable Chögyam Trungpa, at Trungpas urging, Ginsberg and poet Anne Waldman started The Jack Kerouac School of Disembodied Poetics there in 1974. Ginsberg took part in decades of non-violent political protest against everything from the Vietnam War to the War on Drugs and his collection The Fall of America shared the annual U. S. National Book Award for Poetry in 1974. In 1979 he received the National Arts Club gold medal and was inducted into the American Academy and Institute of Arts, Ginsberg was a Pulitzer Prize finalist in 1995 for his book Cosmopolitan Greetings, Poems 1986–1992. Ginsberg was born into a Jewish family in Newark, New Jersey, as a young teenager, Ginsberg began to write letters to The New York Times about political issues, such as World War II and workers rights. While in high school, Ginsberg began reading Walt Whitman, inspired by his teachers passionate reading, in 1945, he joined the Merchant Marines to earn money to continue his education at Columbia. Ginsberg has stated that he considered the required freshman seminar to be his favorite course while at Columbia University and its subject was The Great Books and was taught by Lionel Trilling. According to The Poetry Foundation, Ginsberg spent several months in an institution after he pleaded insanity during a hearing. He was allegedly being prosecuted for harboring stolen goods in his dorm room and it was noted that the stolen property was not his, but belonged to an acquaintance. Ginsberg referred to his parents, in a 1985 interview, as old-fashioned delicatessen philosophers and his father Louis Ginsberg was a published poet and a high school teacher. Ginsbergs mother, Naomi Livergant Ginsberg, was affected by an illness that was never properly diagnosed. She was also a member of the Communist Party and took Ginsberg. Ginsberg later said that his mother made up stories that all went something like, The good king rode forth from his castle, saw the suffering workers
35.
James Joyce
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James Augustine Aloysius Joyce was an Irish novelist, short story writer, and poet. He contributed to the modernist avant-garde and is regarded as one of the most influential, other well-known works are the short-story collection Dubliners, and the novels A Portrait of the Artist as a Young Man and Finnegans Wake. His other writings include three books of poetry, a play, occasional journalism and his published letters, Joyce was born in 41 Brighton Square, Rathgar, Dublin—about half a mile from his mothers birthplace in Terenure—into a middle-class family on the way down. He went on to attend University College Dublin, in 1904, in his early twenties, Joyce emigrated permanently to continental Europe with his partner Nora Barnacle. They lived in Trieste, Paris and Zurich, Ulysses in particular is set with precision in the streets and alleyways of the city. In the particular is contained the universal, James Augustine Aloysius Joyce was born on 2 February 1882 to John Stanislaus Joyce and Mary Jane May Murray, in the Dublin suburb of Rathgar. He was baptised according to the Rites of the Catholic Church in the nearby St Josephs Church in Terenure on 5 February by Rev. John OMulloy and his godparents were Philip and Ellen McCann. He was the eldest of ten surviving children, two of his siblings died of typhoid and his fathers family, originally from Fermoy in County Cork, had once owned a small salt and lime works. Joyces father and paternal grandfather both married into families, though the familys purported ancestor, Seán Mór Seoighe was a stonemason from Connemara. In 1887, his father was appointed rate collector by Dublin Corporation, around this time Joyce was attacked by a dog, which engendered in him a lifelong cynophobia. He also suffered from astraphobia, as an aunt had described thunderstorms to him as a sign of Gods wrath. In 1891 Joyce wrote a poem on the death of Charles Stewart Parnell, the Irish Party had dropped Parnell from leadership. But the Vaticans role in allying with the British Conservative Party to prevent Home Rule left an impression on the young Joyce. The elder Joyce had the printed and even sent a part to the Vatican Library. In November of that year, John Joyce was entered in Stubbs Gazette. In 1893, John Joyce was dismissed with a pension, beginning the familys slide into poverty caused mainly by his drinking and general financial mismanagement. Joyce had begun his education at Clongowes Wood College, a Jesuit boarding school near Clane, County Kildare and this came about because of a chance meeting his father had with a Jesuit priest who knew the family and Joyce was given a reduction in fees to attend Belvedere. In 1895, Joyce, now aged 13, was elected to join the Sodality of Our Lady by his peers at Belvedere, the philosophy of Thomas Aquinas continued to have a strong influence on him for most of his life
36.
D. H. Lawrence
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David Herbert Richards D. H. Lawrence was an English novelist, poet, playwright, essayist, literary critic and painter. His collected works represent, among other things, a reflection upon the dehumanising effects of modernity. Some of the issues Lawrence explores are sexuality, emotional health, vitality, spontaneity, at the time of his death, his public reputation was that of a pornographer who had wasted his considerable talents. E. M. Forster, in a notice, challenged this widely held view. Later, Cambridge critic F. R. Leavis championed both his artistic integrity and his seriousness, placing much of Lawrences fiction within the canonical great tradition of the English novel. The house in which he was born, in Eastwood, 8a Victoria Street, is now the D. H. Lawrence Birthplace Museum and his working-class background and the tensions between his parents provided the raw material for a number of his early works. The young Lawrence attended Beauvale Board School from 1891 until 1898 and he left in 1901, working for three months as a junior clerk at Haywoods surgical appliances factory, but a severe bout of pneumonia ended this career. During his convalescence he often visited Haggs Farm, the home of the Chambers family, an important aspect of this relationship with Chambers and other adolescent acquaintances was a shared love of books, an interest that lasted throughout Lawrences life. In the years 1902 to 1906 Lawrence served as a teacher at the British School. He went on to become a student and received a teaching certificate from University College, Nottingham. During these early years he was working on his first poems, some stories, and a draft of a novel, Laetitia. At the end of 1907 he won a short story competition in the Nottingham Guardian, in the autumn of 1908 the newly qualified Lawrence left his childhood home for London. While teaching in Davidson Road School, Croydon, he continued writing, Jessie Chambers submitted some of Lawrences early poetry to Ford Madox Ford, editor of the influential The English Review. Hueffer then commissioned the story Odour of Chrysanthemums which, when published in magazine, encouraged Heinemann. His career as an author now began in earnest, although he taught for another year. Shortly after the final proofs of his first published novel, The White Peacock, appeared in 1910, the young man was devastated, and he was to describe the next few months as his sick year. The hurt caused to Jessie by this and finally by her portrayal in the novel caused the end of their friendship and after it was published they never spoke to each other again. In 1911 Lawrence was introduced to Edward Garnett, a reader, who acted as a mentor, provided further encouragement
37.
Henry Miller
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Henry Valentine Miller was an American writer. He also wrote memoirs and literary criticism, and painted watercolors. Miller was born at his familys home,450 East 85th Street, in the Yorkville section of Manhattan and he was the son of Lutheran German parents, Louise Marie and tailor Heinrich Miller. As a child, he lived for nine years at 662 Driggs Avenue in Williamsburg, Brooklyn, in 1900, his family moved to 1063 Decatur Street in the Bushwick section of Brooklyn. After finishing elementary school, although his family remained in Bushwick, as a young man, he was active with the Socialist Party of America. He attended the City College of New York for one semester, Miller married his first wife, Beatrice Sylvas Wickens, in 1917, their divorce was granted on December 21,1923. Together they had a daughter, Barbara, born in 1919 and they lived in an apartment at 244 6th Avenue in Park Slope, Brooklyn. At the time, Miller was working at Western Union, he worked there from 1920-24, in March 1922, during a three-week vacation, he wrote his first novel, Clipped Wings. It has never published, and only fragments remain, although parts of it were recycled in other works. A study of twelve Western Union messengers, Miller called Clipped Wings a long book and probably a very bad one. In 1923, while he was married to Beatrice, Miller met and became enamored of a mysterious dance hall dancer who was born Juliet Edith Smerth. They began an affair, and were married on June 1,1924, in 1924 Miller quit Western Union in order to dedicate himself to writing completely. Miller later describes this time – his struggles to become a writer, his escapades, failures, friends. Millers second novel, Moloch, or, This Gentile World, was written in 1927–28, a rich older admirer of June, Roland Freedman, paid her to write the novel, she would show him pages of Millers work each week, pretending it was hers. The book went unpublished until 1992,65 years after it was written and 12 years after Miller’s death, Moloch is based on Miller’s first marriage, to Beatrice, and his years working as a personnel manager at the Western Union office in Lower Manhattan. A third novel written around this time, Crazy Cock, also went unpublished until after Millers death, initially titled Lovely Lesbians, Crazy Cock told the story of Junes close relationship with the artist Marion, whom June had renamed Jean Kronski. Kronski lived with Miller and June from 1926 until 1927, when June and Kronski went to Paris together, leaving Miller behind, Miller suspected the pair of having a lesbian relationship. While in Paris, June and Kronski did not get along, in 1928, Miller spent several months in Paris with June, a trip which was financed by Freedman
38.
Samuel Beckett
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Samuel Barclay Beckett was an Irish avant-garde novelist, playwright, theatre director, and poet, who lived in Paris for most of his adult life and wrote in both English and French. He is widely regarded as among the most influential writers of the 20th century, Becketts work offers a bleak, tragicomic outlook on human existence, often coupled with black comedy and gallows humour, and became increasingly minimalist in his later career. He is considered one of the last modernist writers, and one of the key figures in what Martin Esslin called the Theatre of the Absurd. Beckett was awarded the 1969 Nobel Prize in Literature for his writing, which—in new forms for the novel and he was elected Saoi of Aosdána in 1984. The Becketts were members of the Anglican Church of Ireland, the family home, Cooldrinagh in the Dublin suburb of Foxrock, was a large house and garden complete with tennis court built in 1903 by Samuels father, William. Samuel Beckett was born on Good Friday,13 April 1906, to William Frank Beckett, a quantity surveyor and descendant of the Huguenots, and Maria Jones Roe, a nurse, Beckett had one older brother, Frank Edward Beckett. At the age of five, Beckett attended a local playschool, where he started to learn music, in 1919, Beckett went to Portora Royal School in Enniskillen, County Fermanagh. A natural athlete, Beckett excelled at cricket as a left-handed batsman, later, he was to play for Dublin University and played two first-class games against Northamptonshire. As a result, he became the only Nobel literature laureate to have played first class cricket, Beckett studied French, Italian, and English at Trinity College, Dublin from 1923 to 1927. He was elected a Scholar in Modern Languages in 1926, Beckett graduated with a BA and, after teaching briefly at Campbell College in Belfast, took up the post of lecteur danglais at the École Normale Supérieure in Paris from November 1928 to 1930. While there, he was introduced to renowned Irish author James Joyce by Thomas MacGreevy and this meeting had a profound effect on the young man. Beckett assisted Joyce in various ways, one of which was research towards the book that became Finnegans Wake, in 1929, Beckett published his first work, a critical essay entitled Dante. Becketts close relationship with Joyce and his family cooled, however, Becketts first short story, Assumption, was published in Jolass periodical transition. In 1930, Beckett returned to Trinity College as a lecturer, in November 1930, he presented a paper in French to the Modern Languages Society of Trinity on the Toulouse poet Jean du Chas, founder of a movement called le Concentrisme. It was a parody, for Beckett had in fact invented the poet and his movement that claimed to be at odds with all that is clear. Beckett later insisted that he had not intended to fool his audience, when Beckett resigned from Trinity at the end of 1931, his brief academic career was at an end. He spent some time in London, where in 1931 he published Proust, two years later, following his fathers death, he began two years treatment with Tavistock Clinic psychoanalyst Dr. Wilfred Bion. Aspects of it became evident in Becketts later works, such as Watt, in 1932, he wrote his first novel, Dream of Fair to Middling Women, but after many rejections from publishers decided to abandon it
39.
Marquis de Sade
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Donatien Alphonse François, Marquis de Sade, was a French aristocrat, revolutionary politician, philosopher, and writer, famous for his libertine sexuality. He was a proponent of freedom, unrestrained by morality, religion. The words sadism and sadist are derived from his name, during the French Revolution, he was an elected delegate to the National Convention. Many of his works were written in prison and he was his parents only surviving child. He was educated by an uncle, the Abbé de Sade, in Sades youth, his father abandoned the family, his mother joined a convent. He was raised with servants who indulged his every whim, which led to him becoming known as a rebellious, later in his childhood, Sade was sent to the Lycée Louis-le-Grand in Paris, a Jesuit college, for four years. While at the school, he was tutored by Abbé Jacques-François Amblet, later in life, the Abbé testified at one of Sades trials, saying that Sade had a passionate temperament which made him eager in the pursuit of pleasure but had a good heart. At the Lycée Louis-le-Grand, he was subjected to corporal punishment, including flagellation. At age 14, Sade began attending a military academy. At age 15, he was commissioned as a sub-lieutenant on 14 December 1755 after 20 months of training, becoming a soldier. After 13 months as a sub-lieutenant, he was commissioned to the rank of cornet in the Brigade de S. André of the Comte de Provences Carbine Regiment and he eventually became Colonel of a Dragoon regiment and fought in the Seven Years War. In 1766, he had a theatre built in his castle. In January 1767, his father died, the men of the Sade family alternated between using the marquis and comte titles. His grandfather, Gaspard François de Sade, was the first to use marquis, occasionally, he was the Marquis de Sade, but is identified in documents as the Marquis de Mazan. The Sade family were noblesse dépée, claiming at the time the oldest, Frank-descended nobility, so, at Court, precedence was by seniority and royal favor, not title. There is father-and-son correspondence, wherein father addresses son as marquis, for many years, Sades descendants regarded his life and work as a scandal to be suppressed. At that time, the marquis of legend was so unmentionable in his own family that Xavier de Sade only learned of him in the late 1940s when approached by a journalist. He subsequently discovered a store of Sades papers in the family château at Condé-en-Brie and his youngest son, the Marquis Thibault de Sade, has continued the collaboration
40.
Vagueness doctrine
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In American constitutional law, a statute is void for vagueness and unenforceable if it is too vague for the average citizen to understand. Criminal laws which do not state explicitly and definitely what conduct is punishable for example are void for vagueness, a statute is also void for vagueness if a legislatures delegation of authority to judges and/or administrators is so extensive that it would lead to arbitrary prosecutions. Related to the void for vagueness concept is the unconstitutional vagueness concept, to summarize the contents of the doctrine, it establishes specific criteria all laws, or any legislation must meet, to qualify as constitutional. Such criteria includes the following, Law must state explicitly what it mandates, definitions of potentially vague terms are to be provided. In the case of vagueness, a statute might be considered void on constitutional grounds, specifically, roots of the vagueness doctrine extend into the two due process clauses, in the Fifth and Fourteenth Amendments to the United States Constitution. The courts have determined that vague laws deprive citizens of their rights without fair process. The following pronouncement of the void for vagueness doctrine was made by Justice Sutherland in Connally v. General Construction Co.269 U. S, the void for vagueness doctrine is a constitutional rule. This rule requires that laws are so written that they explicitly and definitely state what conduct is punishable. The void for vagueness doctrine thus serves two purposes, first, All persons receive a fair notice of what is punishable and what is not. Second, The vagueness doctrine helps prevent arbitrary enforcement of the laws, there is however no limit to the conduct that can be criminalized, when the legislature does not set minimum guidelines to govern law enforcement. There are at least two ways a law might be attacked for being vague, When a law does not specifically enumerate the practices that are either required or prohibited. In this case, the citizen does not know what the law requires. When a law does not specifically detail the procedure followed by officers or judges of the law, as a guard, a law must particularly detail what officers are to do, providing both for what they must do and what they must not do. Judges must, under the doctrine, have an understanding of how they are to approach. Scienter and objective criteria that specify the harm to be protected against are necessary to limit vagueness in criminal statutes, to satisfy the Due Process Clause of the Fifth Amendment, individuals are entitled to understand the scope and nature of statutes which might subject them to criminal penalties. Thus, in Skilling v. ” Unconstitutional vagueness is a concept that is used to strike down certain laws and it is derived from the due process doctrine found in the Fifth and Fourteenth Amendments to the United States Constitution. No one must risk criminal prosecution merely because he or she cannot reasonably understand what conduct is prohibited under the law, the Florida Supreme Court, in Franklin v. Papachristou v. Jacksonville and Kolender v. The Court sided with the village, holding that in such a lawsuit the plaintiff must demonstrate that the law would be impermissibly vague in all its applications
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