WMU COM 3070 Exam 3
solutions to the monuments
relocate them or keep them and add context to the statue explaining its nature
What were Problems Associated with Enforcing Civility
restricts free speech
Who is Bartholdi, Frederick and what is his role in the creation of the Statue of Liberty
sculpted the statue
What is the Role of the Media in the State of N.J. v. Richard Bruno Hauptman, 1935
story made massive newspaper headlines, trial extensively covered by news media who all put convicted Bruno of the kidnapping and murder
What was the Role of the Media in the Duke University Rape Case, 2006,
story was heavily covered by news media; sparked angry protests and threats of violence towards lacrosse players
Definition of Semiotics
study of signs and symbols
archetype: new beginnings
the statue of liberty
What is the significance of University speech codes during Doe v. The University of Michigan, 1989
the university could not establish a anti discrimination policy which has the effect of prohibiting certain speech because it disagreed with ideas or messages sought to be conveyed. too vague: could only guess at its meaning overbreadth: also restricts protected speech
Civil War Monuments
they took the statues down following the charleston shooting dedicated to the confederate states of america
What is Political Correctness and what is its role in the Duke University Rape Case, 2006,
thought that mike nifong was using this case as a way to get the public to re vote for him as the DA but claimed he wasnt
Reasons for the creation of the Statue of Liberty
to represent friendship between America and France established during American Revolution; signifies the importance of freedom, hope, and opportunity. It welcomes visitors, immigrants, and returning americans traveling by ship.
T/F: symbols used in everyday life, including sports teams, sculptures and tributes, and personal symbols
true
t/f: University clock towers are examples of archetypes
true
Is there Constitutional Protection of Flag Burning
under the 1st Amendment; symbolic speech protected even when unpopular
What are some of the challenges and issues with the Confederate flag
used as a rallying cry for racists
symbols used in everyday life
used in sports team, sculptures, and tributes, personal symbols -they are an integral part of the daily traffic of human, political and business communication -sports logos can be controversial -old versus new primary logo (Cleveland Indians) (Washington Redskins)
List the cases relating to wrongful conviction and detainment
Audrey Edwards case, Central Park 5 case, Michael Morton Case, Ronald Cotton and Jennifer Thomas case, and the Troy Davis case
What happened on April 19, 1775
Battle of Lexington and Concord, beginning of American Revolution
What is the The importance of circumstantial evidence, specifically relating to the State of N.J. v. Richard Bruno Hauptman, 1935
Bruno Hauptman convicted on circumstantial evidence alone, claimed innocence
What happened btw 1861-1865
Civil War
What is the General description of the State of California v. O.J. Simpson, 1995
Nicole Brown Simpson and Ronald Goldman murder, OJ Simpson was tried and found not guilty of the crime, despite large amt of evidence
Describe the United States v. O' Brien case of 1968
O'Brien and three friends burned their draft cards in protest -he did so in public effort to persuade others to adopt the anti war beliefs of he and his friends. Following the burning, members of a large crowd began to attack O'brien and his friends
Describe Snyder v. Phelps, 2010 (include U.S. Supreme Court Decision)
Protesting at Military Funerals, Westboro Baptist Church
Describe RAV. v. The City of Minneapolis, MN., 1992
Richard Victoria burned a cross in someone else's yard. Court found the burning of cross was ok, other trespassing crimes weren't
What happened on July 4, 1776
Signing of the Declaration of Independence
What was the Significance of Bronco chase scene during the State of California v. O.J. Simpson, 1995
Simpson flees from police in a white Ford Bronco -very emotional while holding a gun -led LA police in a 90 min highway car chase -eventually surrendered in front of his own house
Describe the Walker v. Texas Division, Sons Of Confederate Veterans case in 2015
Sons of Confederate Veterans wanted license plate with confederate flags on it; License plates considered gov. speech; also would have offense to the public. Therefore, TDMV had right to deny request; would have made it appear that gov. endorses the message -Texas SCV sued in federal district court claiming their 1st and 14th amendment was violated
Describe the Ronald Cotton and Jennifer Thomas case
Jennifer was raped, Ronald cotton was innocent and accused after Jennifer falsely identified him in a line-up...Cotton eventually found innocent after 10.5 yrs
Describe the Texas V. Johnson case of 1989 Constitutional Protection of Flag Burning
Johnson burned a flag in front of city hall in Dalla during a march -he was sentenced to one year in prison and fined 2,000. The court of appeals for the fifth district of Texas affirmed this decision arguing that burning the American flag was inconsistent with the 1st Amendment/saying that it would go against his first amendment right
What was the Ku Klux Klan ruling relating to Adopt a Highway and the Georgia State Supreme Court
KKK have the right to adopt a highway, even though nobody likes the group
What is the Significance of the state of California v. O.J. Simpson, 1995
-questioned competence of legal system, -whether justice could be found for a black man in a legal system designed and ran by whites -whether a mostly minority jury could convict a black celebrity -calls to question the role of the media
what is the symbolic significance of Ellis Island
-symbolizes diversity of its ppl and many cultures that comprise America -it has been estimated that nearly half of all americans today can trace their family history to at lest one person who passed through the port of new york at ellis island -their immigration museum is part of the statue of liberty national monument and is one of the countrys most popular historic sites
Describe The Debbie Almontaser case
Almontaser forced by Department of Edu. and Mayor of NYC to resign from being principal of newly created Khalil Gibran school due to controversy over tshirt
Describe Brandenburg v. Ohio, 1969
The ohio criminal syndicalism statue, enacted in 1919, made a crime of advocating crime sabotage, violence, or unlawful methods of terroism as a means of accomplishing industrial pr politcal reform. Hate Speech Case: Ku Klux Klan Demonstration, Cross burning, suggest possibility of Violence; Supreme Court sides with KKK, stating that hate speech is only illegal if it is directed to producing likely imminent lawless behavior
What is the symbolic value of the Confederate flag
To Southerners, it represents tradition and honoring family veterans
What happened between 1914-1918
WWI
What happened btw 1941-1945 (1939-1945)
WWII
What is the purpose of a Grand Jury
a jury, normally of twenty-three jurors, selected to examine the validity of an accusation before trial; decides whether case goes to trial
What was the significance of the Rasul v. Busch, 2004
a landmark United States Supreme Court decision establishing that the U.S. court system has the authority to decide whether foreign nationals held in Guantanamo Bay were wrongfully imprisoned.
What is the purpose of War memorials as an archtype
a monument, statue, or edifice designed to celebrate a war or victory, or to commemorate those who died or were injured in war
What are the Rites and Rituals of Military Funerals
a specially orchestrated rite given by a country's military for a soldier, seaman, or airman who died in battle; includes ritual such as guards of honor, firing of volley shots as a salute, drumming, and a flag over the coffin
Who is Alexandre Gustave Eiffel and what is his role in the creation of the Statue of Liberty
designed skeletal framework of the statue of liberty, also designed the eiffel tower
What is The O'Brien Test
determines is gov can restrict symbolic speech/action: 1. within constitutional power of gov 2. furthers gov interest 3. gov interest is unrelated to suppression of free expression 4. incidental restriction on 1st amendment freedoms is no greater than is essential to the furtherance of that interest
Describe Doe v. The University of Michigan, 1989
does the creation of a university speech code violate a person's 1st Amendment rights? UM create speech code in response to racist fliers and jokes on radio. John Doe challenged the university claiming code makes it hard to discuss controversial topics freely - creates an intimidating, hostile, or demeaning environment for educational pursuits, employment, or participation is disallowed -not following the code can lead to reprimand, community services, sensitivity classes, expulsion/suspended
causes of wrongful conviction
eyewitness misidentification false confessions and admissions gov. misconduct: withholding evidence, over zealous prosecutor bad legal representation false testimony invalid/improperly applied forensics
T/F: tattoos and religious medallions are not considered symbols
false
List examples of an Archtype
fire, new beginning, wisdom and learning
What is the significance of the State of N.J. v. Richard Bruno Hauptman, 1935
first US case that examined the role of the news media and a defendant's right to a fair trial, American Bar Association recommended banning of cameras in courtrooms
What is Civility
formal politeness and courtesy in behavior or speech.
Who is Charles Sanders Pierce and how does he relate to Semiotics
founder of the philosophical doctrine known as pragmatism argues that semiotics involves cooperation of: 1. sign 2. subject matter 3. interpretation
origins and history of Ellis Island
immigration station, more than 20 million people passed through, 1/2 of americans can trace their family history here
What was the Role of the media in the State of California v. O.J. Simpson, 1995
most publicized case in US history, received more media coverage than any other criminal trial since Lindbergh case, covered on Court TV
What is the purpose of the Innocence Project organization
national litigation and public policy organization dedicated to exonerating wrongfully convicted felons, and reform justice system to prevent future injustice
What is Wrongful conviction
occurs within criminal justice system when an innocent person is convicted for a crime he/she did not commit
What is the Significance of the Duke University Rape Case, 2006
one of the lacrosse boys said that there was no possible way because his evidence proved that he called a number 9 times and went to the atm to withdraw money at the time the rape claimed to take place
What were the problems with Crime Ordinance during the RAV. v. The City of Minneapolis, MN., 1992
ordinance exhibited content discrimination (bias of the St. Paul Church) and actual viewpoint discrimination
What is the purpose of University clock towers
original purpose was to provide practical info about the time; now admired for their aesthetics
purpose of Arlington National Cemetery
originally the Arlington house, 19th century mansion seems out of place amid the more than 250,000 military grave sites that stretch around it. America's most revered burial ground, which shows the nation's history through the stories of those buried there
Who is Lt. Col. Michael Strobl (Taking Chance film)
person who escorted Chance home to his family after he died
What is an Archetype
primary example/symbol universally known by all
What is the Surrounding Controversy with the Vietnam Memorial Sculpture
protesters and veterans wanted a more traditional sculpture; wanted the wall to be white with a flag and sculpture of wounded soldiers at center of wall, one protester said "one needs no artistic education to see this memorial design for what it is, a black scar, in a hole, hidden as if out of shame"
Explain Pretrial and trial publicity in Due Process and the 6th Amendment
publicity and news media can sometimes be prejudicial to the defendant's outcome; make accused appear guilty or innocent
Describe the Central Park 5 case
rape of jogger, 5 were convicted, all of whom were innocent
What is the principle of Habeas Corpus and which trial best relates to it?
can seek release from unlawful imprisonment Rasul v. Bush, 2004
What are the Problems Associated with the news media and public opinion
can sometimes disrupt the justice system's process, urging the conviction of an innocent person or the innocence of a guilty person
history of Arlington National Cemetery
confiscated from Robert E Lee, burials done in garden to keep Lee's away, Supreme Court gave land back but then Robert sold it. Now used as a military cemetary
archetype: fire
consider the universality of fire and the various ways that fire can be used as a symbolic statement: rites and rituals, political rally's, initiations
What is the Washington Redskins controversy
considered Racist logo and name to Native Americans; Court ruled that O'Brien's actions not protected symbolic speech
Describe the National September 11th Memorial and Museum
consists of two massive pools set w/in the footprints of the Twin Towers; largest manmade waterfalls in the country; -reminder of the unprecedented loss of life from an attack on our soil -the names of the nearly 3,000 individuals who were killed in NYC, Pennsylvania,, and the pentagon and the February 1993 world trade center bombing will be inscribed around the edges of the memorial pools
What was the Role of the Media in the Debbie Almontaser case
critics cost Almontaser her job claiming she had a militant islamic agenda
Who is Ferdinand de Saussure and how does he relate to Semiotics
"father" of modern linguistics, argues sign is the most basic unit of language (symbolic speech)
What is the General Description of the State of N.J. v. Richard Bruno Hauptman, 1935
1.5 yr old son of Charles Lindbergh was kidnapped, child found dead couple months later, Bruno Richard was convicted and sentenced to death for murder
Who is Maya Lin
21 year old yale student who was an artist and sculptor who designed the Vietnam Memorial Sculpture. She won the contest - the black cut stone masonry contains the names of the fallen soldiers carved into its face as requested by the families of the fallen. one side is pointing to the Lincoln memorial and the other to the Washington monument
Explain Rasul v. Bush, 2004
4 British and Australian citizens were captured by American military during war on terror, transported them to Guantanamo Bay. They weren't American citizens and were held in territory that was sovereign to Cuba, so plea for habeas corpus was denied; court agreed with government
What are the U.S. Constitutional Amendments 5-8
5.right to remain silent 6. speedy/public trial 7. right to trial by jury 8. no excessive bail/ no cruel or unusual punishment
Describe the Charleston, SC shooting and the significance of the Confederate flag in the event
9 african americans killed at church, shooting done by Dylann Roof who displayed confederate flag in his photos; raised the question of why a symbol of racial intolerance still has a prominant place in front of South Carolina's legislative halls of power.
Describe National Socialist Party of America, v. Village of Skokie
American Nazi Party wanted to parade in Skokie; town denied them a permit. Court found The Nazi march on the city of Skokie, IL to be legal, not fighting words but protected symbolic speech, but Nazi Party decided not to anyway
What happened between 1775 - 1783
American Revolutionary War
What is the difference btw Criminal vs. Civil Law
Criminal laws regulate crimes, or wrongs committed against the government. Civil laws regulate disputes between private parties.
What was the role of Prosecutorial misconduct in the Duke University Rape Case, 2006,
DNA analyst and DA Mike Nifong withheld evidence and refused to meet with the defense lawyers
Describe the Troy Davis case
Davis falsely accused of murder of police officer due to false testimony by witnesses, refused last meal and executed via lethal injection, claiming innocence until the end
What is Guantanamo Bay Naval Station
Detention of foreign prisoners
Describe Chaplinksi v. New Hampshire, 1942
Fighting words doctrine, Jehovah witness denouncing all religions in public area, arrested, He was passing out literature of his sect while simultaneously denouncing all religions as a racket .
Confederate Flag
Has caused controversy because of its connection to the Civil War. The Confederate flag is a flag that was used by the seceded Southern states, or the Confederacy, during the Civil War. While the Confederacy used three different flags, the flag most commonly called the Confederate flag was its battle flag.
What is the General Description of the Duke University Rape Case, 2006,
Three Duke Lacrosse players accused of raping an African American exotic dancer; case didn't go to trial; found innoncent and charges were dropped
What was the Impact of the Rodney King beating video on the State of California v. O.J. Simpson, 1995 case
after OJ's acquittal of the case, a beating of Rodney King took place who was an African American citizen by the Los Angeles police
Describe Due Process and the 6th Amendment
anyone accused of a crime have the right to a speedy and public trial, by an impartial jury in the State and district wherein the crime was committed
archetype: wisdom and learning
archetype of university clock towers that appears at great universities and college centers. Although clock towers are today mostly admired for their aesthetics, they once served an important purpose. Before the 1940s, most people did not have watches.
Describe the Audrey Edwards case
baby died while she was babysitting, accused of shaking the baby, later discovered that wasn't the case
What was the Significance of the glove evidence during the State of California v. O.J. Simpson, 1995
blood-stained glove found on Simpson's property by Mark Furhman, DNA evidence, when OJ tried on glove in court it didnt fit...main reason he was found innocent
What is the Fighting words doctrine
words directed at an average person that may provoke a fight are not protected by the 1st Amendment
Describe the Michael Morton Case
wrongly convicted of killing wife, prosecutorial misconduct: DNA evidence was withheld, released after serving 25 yrs in prison
