Hypothetical 2b Essay - 275 Words

Hypothetical 2b (Essay Sample) Content: Hypothetical 2bNameTutorCourseDateHypothetical 2bThe case of Bob Smith v. Mitt Obama, Mitt is suing Smith for presenting a comic carton depicting him as not being smart. Smith argues that parody is protected by the law under First Amendment. Therefore, the first Amendment free speech guarantee made it illegal to award damages to public figures in terms of compensating them for any emotional distress caused intentionally.[Epstein, Lee and Thomas Walker. Constitutional Law for a Changing America: Institutional Powers and Constraints. 8th edition (Washington: Congressional Quarterly Press.Â2013), 511] At the heart of the First Amendment the constitution recognizes the flow of opinions and ideas freely as far as matters concerning the interest of the public are concerned. The constitution offers any individual the freedom of expression and to speak oneà ¢Ã¢â€š ¬s mind. It is inherent for the sake of the truth and the vitally of the social order. It is, therefore, imp erative to be vigilant in ensuring individual expressions of opinions and ideas remain as free as possible. The first amendments visualize the robust political debates taking place at the expense of public democracy. It gives cartoonist immunity from sanction concerning their presentation of the public figures, unless the parody display is false and with the intent to cause actual malice.[Epstein, Lee and Thomas Walker. Constitutional Law for a Changing America: Institutional Powers and Constraints. 8th edition (Washington: Congressional Quarterly Press.Â2013), 550] According to precedent cases, the Pollock v. Farmers, the judges ruled in favour of Pollock on the basis that the taxes levied on the income property were unconstitutional as at that time direct taxes were to be imposed. For the South Carolina v. Baker case the judges argued that a non-discriminatory tax on the interest on bonds of the state do not violate the doctrine of intergovernmental tax immunity. Finally Stew ard Machine Co. v. Davis, the court held that exercise is not cancelled if involving coercion by the state in contravention with the tent amendment of the constitution.[Epstein, Lee and Thomas Walker. Constitutional Law for a Changing America: Institutional Powers and Constraints. 8th edition (Washington: Congressional Quarterly Press.Â2013), 508] [Epstein, Lee and Thomas Walker. Constitutional Law for a Changing America: Institutional Powers and Constraints. 8th edition (Washington: Congressional Quarterly Press.Â2013), 517] [Epstein, Lee and Thomas Walker. Constitutional Law for a Chan...