Free Speech

Freedom of speech, you can say what you want and no one can stop you, simple as that, right? Wrong, when I first started this project that’s what I believed. I had never research exactly what the first amendment entailed, but I thought I had a pretty good grasp on the concept. I chose this topic because I knew it was an idea that had caught the interest of most people throughout their lives and it was a concept I believed I needed to know more about. I thought I knew the basics and all I was going to learn is how it came to be and people’s opinions about what is included and excluded. What I didn't realize at the time was that my knowledge on the subject was just the bare minimum, maybe, and by embarking on the simple journey of learning about freedom of speech I would uncover a whole new set of questions.

One of the ideas that intrigued me was how Americans appropriate the rights guaranteed under the first amendment. So I decided I would investigate the way cases get from a simple state circuit court to the supreme court. It turns out there are a multitude of ways for this to occur, so I decided the best way to learn more about this subject was by learning about cases that had successfully been denied and accepted by the Supreme Court.

The first case I came to was the Schenck v. United States. During WWI Charles Scheck, the secretary of the American Socialist Party, passed out pamphlets that urged young men to petition a repeal of the draft. He was charged with violating the Espionage Act. Schenck believed the Espionage Act violated his First Amendment rights. So he appealed the courts decision and was taken before the Supreme Court who still found him guilty. This discovery made me wonder if all one had to do was claim their verdict was a violation of the first amendment and they got the opportunity to go before the Supreme Court?  This idea was flawed and I knew it could not be true because the Supreme Court would waste an abundance of time on cases that were irrelevant to the first Amendment. Therefore I decided to research how the cases that actually did appear before the Supreme Court were selected.

 In order for a case to be submitted to the Supreme Court it must first be tried by a federal or a state court. If the person/people believe there verdict is a violation of there first amendment rights then they have the opportunity to appeal to the Supreme Court.There are approximately 8,000 cases submitted every year that must be sifted through in order for the appropriate cases to be decided upon. The law clerks, which each of the nine justices have, assist with the initial process of reading these cases. Once a week the justices meet in a room with twenty five carts full of cases and all the materials that may be necessary in their decision process of choosing the appropriate ones. Through the process of sifting through the appeals for the second time, around 99% of them are denied. That means only 1.25% of the original 8,000 appeals are accepted. In order for a case to be chosen four people must agree it is important enough to be placed on the docket. This consists of fewer than 100 cases.

After the cases are decided upon oral arguments begin. Oral arguments are heard in two week cycles. The first two weeks are used for courtroom arguments followed by two weeks of reflections and the writing of opinions. After this time has ended the cases are discussed again and the oral arguments are taken into consideration. At the end of this discussion each of the justices are asked to vote. Once a tentative decision is reached after voting, it is necessary for the justices to write an opinion. The opinion states why the justices came to the decision they did. The chief justice is normally tasked with writing the opinion, but each justice is allowed to submit there own opinion. After these are read and considered a majority of at least six justices must agree in order for a consensus to be reached.

Once I had discovered how free speech cases are decided upon, I wanted to look into other major free speech cases that had made it into the 1.25% of cases tried before the Supreme Court. The next case that I found was Texas v. Johnson. In this case Johnson had participated in a demonstration that was protesting the Reagan administration. At the end of the demonstration Johnson burned a flag while the protesters chanted around him. Johnson was charged with the desecration of a venerated object which was against Texas statute. He was convicted by a state court. He then appealed and appeared before the Texas Court of Criminal Appeals which reversed the states verdict. Finding that the state could not punish Johnson, under these circumstances, burning a flag, without violating the first amendment. This case never appeared before the Supreme Court but it was still an important part of forming the free speech laws that we have today.

The last cases I analyzed were the Roth v. United States and Miller v. California, which dealt with protected and unprotected speech. Both cases dealt with obscenity. In Roth's case he was found guilty for mailing obscene materials. Obscenity was then ruled not within the area of constitutionally protected speech or press. This posed a problem though, because what some people consider to be art can be offensive and obscene to others. This is where the Miller v. California case came into play. In Miller's case the Supreme Court ruled the definition of obscene was different in each community, therefore it should be held to the standards of the community as whether or not it is obscene. In addition to this decision,  the Chief Justice at the time, Warren Burger, wrote what was considered to be obscene according to the Supreme Court. This list consisted of three points. Number one: the work, taken as a whole, appealed "to a prurient interest in sex". Number two: The work showed "patently offensive" sexual conduct that was specifically defined by an obscenity law. Number three: The work, taken as a whole, lacked "serious literary, artistic, political, or scientific value."

Freedom of speech is important to people because it gives them the option to say and in some cases do what they believe is necessary. America was founded on Freedom, so therefore it has always been an important value to protect. I believe this is one of the reasons Freedom of speech was created as the First Amendment and not the ninth or tenth. If one does not have the opportunity to say their brilliant ideas or express their opinions, then the world stays the same and no positive change can occur. Whether one wants to go out and change the world through a moving speech or just simply express there thoughts on a controversial topic, the option is always there, and that freedom is so important.

The truth is I have not even touch on all the knowledge, court cases, and logistics that surround freedom of speech. It is an enormous amount of information that can be hard to process all at once. I can say though, that through my study of what started out as wanting to learn the "simple" facts of free speech, I have certainly obtained that knowledge and more. This process has also left me with numerous questions and ideas I would like to research in the future, which I believe is an important job of any type of research one participates in. If ones curiosity and questions end after the last sentence of the paper is finished then the learning ends too, and that is never a positive outcome.

Free Speech

                I used this source to gain basic information about what the First Amendment says. I also learned what the First Amendment does not include. I believe that it is a reputable source because it is produced by the government.

Dictionary

                I used this source to learn the literal definition of freedom. I believe that this is a reputable source because it is the dictionary.

Unprotected Speech

                I used this source to learn about unprotected speech. I believe that it is a reputable source because it is from a legal assistance website.

Protected Speech

                I used this source to learn about protected speech and the regulations on speech, such as what falls under the category of speech. I believe that this is a reputable source because it is published by the University of Baltimore which is a reputable university.

Schenck Case

                I used this source to gain information on the Schenck case from 1919. I believe that it is a cresitable source because PBS is known for having accurate historical articles.

AP Gov text book

                I used this book to learn about the importance of free speech. I believe this is a credible source because it is an AP study source for government.

Constitution
              I used the constitution to read the first amendment. I believe that this is a reputable source because it is the Constitution

Texas v. Johnson
               I used this source to learn the details about the Texas v. Johnson case. I believe that this is a reputable source because it is published by Cornell which is a highly esteemed college.

Roth v. US
              I used this source to learn details about the Roth v. United States case. I believe that this is a reputable source because it is published by Cornell which is a highly esteemed college.

Schenck incited actions that harm others which was ruled to not be protected by free speech.

Johnson was on trial for burning a flag, which was later ruled protected by free speech.

Roth was on trial for obscenity.

The 1973 Supreme Court that served on the Miller v. California case.

The 1957 Supreme Court which served on the Roth v. United States case.

Cinderella Man

Accurate, the word itself means free from error or defect; consistent with a standard, rule, or model;precise; exact. I believe the word itself holds unrealistic standards for any piece of work. If something was free from error or defect then it would be perfect, and it is an excepted fact by most that nothing is perfect. Therefore by the actual definition of the word accurate the movie Cinderella Man is not an accurate representation of the Great Depression, but I personally think the definition of the word accurate holds lower standards. By my definition, which is that it shows an almost flawless depiction of the time, the movie Cinderella Man is accurate.

In the opening scenes of the movie “Cinderella Man” James Braddock is living the life. He has plentiful source of money, a beautiful family, a successful career, and all the desires that a man could wish for were fulfilled. Soon all of the average mans fairy tale is washed away and he is left living in a small apartment with no money and not enough food to sufficiently feed his family. This is an accurate representation of the transformation in a majority of Americans lives after the Great Depression hits. Before the start of the Great Depression many people were living a luxurious life. Yes, there was still a large number of people who were living below the poverty level before the disaster struck, but not near the amount that would soon be surviving instead of living. I believe that the way the director decided to depict the change from riches to rags that occurred in Braddock’s life is accurate because it was such a sudden change that no one expected. A few scenes later, Braddock is seen giving his meal away to his daughter because there is clearly not enough food available to them to feed their entire family. A problem during the Great Depression was malnutrition. If there was no money then it was impossible to buy food much less healthy food that allowed an individual to obtain the necessary nutrients needed. Obviously people did not want to starve, and many resulted to stealing. Braddock’s son steals a stick of salami from the local meat store in order to try and prevent his family from reaching the point of malnutrition that the children would have to be sent away just to have a chance to survive. This was a common fear among the children in the 1930’s because a lot of times that was the only option for survival, go live with a distant relative that you may have never even met before. In Braddock’s story this becomes the case because they no longer have any sort of heat because they could not afford to pay the bill. The children got sick and they had to go. During the depression no one went to the doctor unless it was the direst of circumstances because they were quite exspensive and there were no government aid program put into place to help with the exspenses until 1935. When Braddock realizes that his children are gone he is infuriated and goes to great measures to get them back. He is unusual; most would have just given up and ran away.

Divorce rates dropped during the depression but abandonment rates increased rapidly. It was not common for men to choose to have a poor man’s divorce and simply just run away. It was an end that most women feared for their families, including Mrs. Braddock. Towards the beginning of the movie we learn that this is a fear of Mrs. Braddock’s when we see this catastrophe occurring to another family. When Mr. Braddock leaves after he is told the devastating news that his children are gone one can only begin to wonder if the director had included that scene as foreshadowing, but the audience soon learns that Braddock is different. A man’s pride is not something that he does not give up without a fight. This was a problem for most men during the depression, they couldn’t handle the fact that they were not able to swoop in and save the day relieving their families suffering and giving them back the pleasures that they once enjoyed. Many resulted to alcohol as an escape, but James Braddock did not. Instead he swallowed his pride and took advantage of the resources that were at hand. He went to the Relief house and gain just enough money between that and begging his former employers to allow his children the ability to return home. Did most men take this option? No, but to allow the audience to have an accurate depiction of what would happen under normal circumstances the director created a character, Mike, who reacted in a more normal way. This allowed the story to remain accurate to the Great Depression with tarnishing James Braddock’s amazing story of luck. Mike is an alcoholic and blames the government for his problems instead of trying to overcome the adversity he is currently facing. This was an semi-average reaction of an American. They blamed others for their problems and were filled with hatred because there seemed to be no way to overcome the situation at hand that they did not choose. Just like Mike a lot of men did drink and stayed drunk. They left their families for extended periods of time. Mike also went down to Hoover town. Although many chose to join this place because they had nowhere else to go and were mad that President Hoover was not trying to help their situation, this was not an average reaction to the Depression and  a majority of the population never set foot in Hoover town. Although this was not average it still was a part of The Great Depression and the director gives an accurate representation of what the town would have been like if one was a part of this cause.

Although I believe that Cinderella Man gives an accurate depiction of the Great Depression I acknowledge that it does not include all the facts nor does it represent ever factor of lives in the Great Depression. I would also like to point out the fact that in order for this movie to represent the entirety of the Great Depression it would be way too long to show in a movie theatre. Movies are also suppose to prompt deeper thought and if the movie gave you all the facts then it would not leave you with any mystery and you would already know everything leaving you with no room to grow and slightly bored.

No, James Braddock was not the normal case during the Great Depression. In fact he was an anomaly. He got lucky, it’s as simple as that. But through his story leading up to his triumph over the depression, the supporting characters lives, and the attention to detail that the director has, we are able to see what life in the 1930’s was like. The movie allows us to ask questions and through those questions learn even more about the Great Depression and the most important fact of all sometimes all one needs is a fairy godmother and good luck.

Facts about the 1930s

Facts about the 1930s

Cinderella Man

Birmingham Day Trip-Civil Rights

I believe that the Civil Rights trip was an insightful experience. Although it did not change my opinion of the time I did learn a lot of facts that I had never heard before. I had heard of the 16th Street Baptist Church bombing before but I did not know that it took 14 years to bring the first man that participated in this crime to justice. I also found it interesting that only the face of Christ was destroyed on the window.

The group that I went to lunch with finished early leaving us time to explore parts of down town Birmingham. Our journey through the city eventually led us back to the park in from of the museum. I found the art in the park to be very impactful. The most impactful piece that I saw was of metal dogs seemingly jumping out at the person walking through. Allowing the by passer to  understand what it was to have police dogs attacking you.

I thought that the museum was a great enhancement to the learning experience. After watching the video and learning about the brutal force that was used on the children when they began to riot, I found it interesting to actually be able to see the tank that was used by the police. Seeing real artifacts from that time made the whole situation become more real rather than just watching a video.

Monument

Questions about World War I

1. When did WWI begin and why? Between what two groups of allies was it fought?
It began in 1914 when Archduke Ferdinand of Austria was assassinated by Serbian nationalist Sarajevo Bosnia. The was was fought between the central powers (Germany, Austria-Hungary, and the Ottoman Empire) and the allied powers (Great Britain, France, Russia, Italy, United States, and Japan).
2. When and why did the United States enter the war?
The United States entered the war in 1917 because of Germany's policy of unchecked submarine aggression against shipping interests headed to Great Britain.
3.What were the terms of the major agreement ending the war?  Why did the United States not ratify this treaty, even though President Wilson had played such a major role in negotiating it?
The treaty included the creation of the covenant of the new league of nations, specified Germany's new boundaries, stipulated a demilitarized zone and separated the Saar from Germany for 15 years, stripped Germany of all its colonies, reduced Germany's armed forces and prohibited Germany from possessing certain classes of weapons, established Germany's liability for reparations, and imposed numerous other financial obligations on Germany. the United States did not try and ratify the treaty because right-wing Germans attacked the treaty as betrayal and terrorists assassinated several politicians they considered responsible.
4.Come up with a question of your own.  What would you like to know?  What do the facts about World War I make you wonder?
Why is the Treaty of Versailles considered a contributing factor to WWII?

Source 1

Source 2

*Both sources from same website. Two different articles*

The AMA

                                                 








"Founding of the American Medical Association"
 By Robert A. Thom. This was painted in 1961
and is a representation of what the first meeting
of the AMA would have looked like.

AMA code of medical Ethics


Nathaniel Chapman, first president of the AMA


Journal of American Medical Association Cover


1889 AMA meeting








Emergence of Professionalism
I used this source to gain knowledge of how the professionalism of the medical profession began. I believe that the author of this article, Judy Duchan, is a credible person because this article was published by a college. This source is also a edu source which alone does not vouch for the reliability of the source, but contributes to it.

History of the AMA
I used this source to gather information on the early years of the AMA. I believe that this is a reputable source because it gave me a solid answer that was backed up by other sources and it is the encyclopedia.

Early years of AMA
I used this source to further my knowledge of the early years of the AMA and to back up information that I had previously found. I believe that this is a reputable source because it is the britannica.

The Forming of the AMA
I used this source to find the picture of the first AMA meeting. I also used this source to learn about who the first president was and who had the idea to form the AMA. I believe that this is a reputable source because it comes from the AMA official website.

Nathaniel Chapman
I used this source to learn more information about Nathaniel Chapman, first president of the AMA, and his life and qualifications for being the president. I believe this is a reputable source because it is a .org.

Timeline of AMA History
I used this source to understand the timeline of when the events in the AMA occurred. I believe this is a reputable source because it comes directly form the AMA.

Textbook
I used this as a starting point for my research. I believe that it is a  reliable resource because it is our textbook.

Fishbein Scam
I used this source to find information on the Fishbein scam and other information. I believe that this is a reliable source because I found the information in other sources too.

Before the creation of the AMA (American Medical Association), there were no regulations on who could call themselves a physician. Physicians ranged from individuals offering homemade remedies to people who attended a qualified institution practicing the most innovational medical tactics of their time. It was obvious that a change was needed. Through communication and collaboration the formation of the AMA transformed the medical world allowing it to become what it is today.

Dr. Nathaniel Davis is credited with the formation of the AMA. In 1845 Dr. Davis called for a National Medical Convention, which inevitably led to the creation of the AMA. Without Dr. Davis’s initiative and communication to the individuals who believed they were qualified physicians the AMA would not have been formed, and the medical care that we are able to receive today would most likely be non-existent. In 1901, Two-hundred and fifty delegates from twenty-eight states attended the meeting at The Hall of the Academy of Natural Sciences of Philadelphia, Pennsylvania. At this meeting Dr. Nathaniel Chapmen was elected as the first president of the AMA. When Dr. Chapmen was elected he had already acquired a very impressive resume in the Medical world. Dr. Chapmen graduate from The Alexandria Academy at the age of fifteen at which time he began his apprenticeship in Maryland. In 1803 Dr. Davis was appointed to two prestigious positions, chair of the theory and practice of medicine and chair of material medica at the University of Pennsylvania. In 1857 Dr. Davis founded The Medical Institute of Philadelphia. All of these qualifications made Dr. Davis the perfect candidate for president, which allowed him to radically change the way America viewed Medicine.

One of the first issues that the AMA prioritized was the matter of what pre-requisites were required to call one’s self a physician. Before pre-requisites were established, anyone had the ability to call themselves a physician. This caused a lack of respect and a certain amount of distrust for the profession. In 1904 the AMA decided that it was necessary for a qualified physician to have completed four years of high school, four years medical training, and pass a licensing test. By 1920 nearly two thirds of all doctors had acquired these requirements and become part of the AMA.

Another issue that the AMA needed to deal with was educating the public on quack and home remedies. In 1849, they created a committee to analyze these remedies and then educate the public on the nature and danger on them. The AMA had already decided to deem these remedies illegal for physicians to use. To ensure that no physicians continued to use the now illegal the AMA created a DOI (Department of Investigation). Unfortunately this department soon became known as the “thug department” by many Americans.  At the head of this department was Morris Fishbein, a criminal and extortionist. In order for anyone to receive the acceptance from the AMA for their practice they must pay Mr. Fishbein a large sum of money. If a physician was not able to afford these costs they had no hope of surviving in the medical world.

                Another idea that the AMA addressed was ways to educate the common public on the issues at hand and the latest medical innovations. So in 1822 the AMA founded the Journal of the American Medical Association. After the creation of their first magazine the amount of publications that they produced kept increasing. In 1906  the AMA published its first directory of qualified medical schools. In 1919 they created the Archives of Neurology and Psychiatry. The next year the Archives of Surgery were created. Today the number of publications has only increased, allowing the AMA to adequately communicate to the public about new medical findings, risks of certain medicines, and qualified medical schools.

                Without the creation of the AMA the medical profession would not be anywhere near where it is today. We would not have a set of qualifications for physician causing many to be eerie of physicians in general, and would not have as high of quality of treatment as we receive today. Through the AMA the medical profession was renovated into a program that allowed it to grow into what it is today.

How do you analyze a political cartoon?

This picture represents how America was conquering small islands in the Caribbean. The man with the ax is a representation of  the Filipinos. He's trying to chop down the American flag which represents how they fought for their independence against the Americans.

In this picture Uncle Sam is the teacher and there are four new students. One is from Cuba, another from Puerto Rico, one from Hawaii, and the last one if from the Philippines. This represents how America was trying  to assimilate the territories that they conquered to seem like America. 

This picture is a representation of America, represented by Uncle Sam, decided what to do with the Pgilippines. In the back their is a Cuban man waving his flag because Cuba had just gained their independence.