Basicliberties and first ten amendments of the constitution
Shieldlaws for a reporter
Theseare statutes providing a journalist with privileges not to discloselegal proceedings or information which is confidential or sources ofinformation that they might have obtained while in their place ofwork. These rights protecting reporters are controversial because theapplication needs to be balanced between the government and thejournalists. For example, it is the right of the government toapprehend criminals but in case it violets the human rights, it willtend to avoid investigation from journalists.
Somemistreatments on journalist have been done to a high extent such thatit now puts freedom of the press in jeopardy. For instance, James, aformer journalist was jailed because he failed to disclose the sourceof information in the article he published in one of the newspapers.The published article was about an agreement to end Mexican-AmericanWar (Eck,2002).
Somelaws have been passed and inserted in the constitution that protectsthe rights of reporters. This has enabled many to air their views andinform the public about secret issues happening within the governmentand other different sectors.
Reportersare now able to uproot wrongdoing in government organizations andprivate companies such as corruption and abuse of human rights indifferent working stations.
Underthe first amendments, Speeches not protected include:
Thegovernment prohibits the use of speeches that may inflame anotherperson. This will make the other person to retaliate. The incitementof the public towards lawless actions is not protected by the firstamendment (Eck,2002).
Someforms of obscene words are protected in the first amendments. Thisrequires one to meet a high threshold in order for obscenity to beagainst the constitution amendments. This includes use of a languagethat lacks serious literary, artistic and scientific value. Oneshould show that the language used is prurient sex interest andmostly contains something that is depicted to be offensive andagainst community standards.
Whenone gives a speech that is intended to give threats of harm or deathto another person, is not usually protected in the constitution.There are some forms such as boycotts and social ostracism. These areusually not considered as a serious violation of the law and areconstitutionally protected.
Differencebetween total and selective incorporation doctrine
TheSupreme Court in 1940s and 1960s issued several decisions ofincorporating specific rights into the constitution which were fromthe Bill of Rights. Justice Hugo Black championed a dissenting schoolof thought that wanted to incorporate specific rights and wanted allof them to be included in the amendments. The selective amendment isthe incorporation of specific changes into the constitution whileleaving some important parts out. This is shown when Black wanted allthe amendments which were made from clause I through 8 to beincluded. Total incorporation means inserting all the amended clausesinto the constitution(Eck, 2002).Justice Black also wrote that he was opposed to individual rightsprovision which was referring to his objection in selectiveincorporation.
Eck,D. L. (2002). Anew religious America.HarperCollins World.