Theory of the First Amendment Essay
Toward A General Theory of the First Amendment
In the case of the passed law that requires women to take the water safety course and the men not required to raises the question of violation of the Civil Rights Acts of 1964 by which condones segregation and discrimination of gender of any kind at the working place. This law would also violate the Equal Pay Act of 1963 which advocates equal competition and abolishes unfair methods of competition for both gender in employment and this law directly violates that. The last violation argument would be from the congress passed in 1964 Public Law 82-352 (78 Stat. 241) violation which sates that this provision condones and restricts any form of discrimination in a working place based on “sex” when hiring, firing and promoting (Mettler, 24). This arguments would be complimented by the case Granholm v. Heald, 544 U.S. 460 (2005) and president Barrack Obama 2009 Lilly Ledbetter Fair Pay Act which constitutes any limitation based on gender employment and pay. In conclusion the women stand a chance in overturning the law as in the case of Granholm v. Heald due to the violation of the above laws (FindLaw, 2005).
In these case that concerns the regulation of the internet which has been a congress headache of how to go about it has only resulted to only three regulations known as the Communications Decency Act of 1996 (CDA), The Child Pornography Prevention Act of 1996 (CPPA) and The Children’s Online Privacy Protection Act of 1998 (COPPA) recently complimented by the case of ACLU v. Reno. 31 US 473. 1999 making it clear it is a punishable offence for any kind of sexual speech but only to minors. These regulations actually centralize on child pornographic and the speech is also directed to the children. Nowhere in these regulations are the speech regulated concerning adults. However, hate speech and other anti-government inciting speeches that may cause breach of security are regulated by special unit of the Federal Bureau of Investigation (FBI). Therefore, most regulations are halted by the freedom of speech and expression under the first amendments halts these regulations (Emerson, 89). For the internet to be regulated it should be treated as television as it falls in the media industry and then the regulation of television can apply. However, it is mostly treated as print media as the regulation are very mild on this sector making children to access pornographic material easily. Taming of the internet will take time unless the U.S government takes affirmative action of regulation it like in the case of Australia and most Arab countries (Jens and Marcel, 61).