Freedom Of Speech And Expression Essay - 974 Words

After enactment of Constitution, many laws related to press were challenged before the court. In Srinivasa Bhat v. State of Madras, K. Madhava Menon v. State of Bombay, Avanti Press 1950, Amar Nath v. State of Punjab, Romesh Thapar v. Chief Secretary of Patna, Tara Singh v. the State of Punjab, Fram Nusserwanji v. State of Bombay, Chandardeo v. State of Bihar, Tozam-mal v. Government of Bengal, etc., the laws related to press ultra vires to the constitution were quashed. Article 19(1) (a), freedom of speech and expression which also includes freedom of press is with the restrictions provided in Article 19(2) of the Constitution. When the constitution was enacted, Article 19 contained only following restrictions: 1. Libel, slander and defamation 2. Contempt of court 3. Decency and morality and 4. Security of state But after the Constitution (First Amendment) Act, 1963 friendly relations with foreign States, public order and incitement to an offence were added in Article 19(2) as a restrictions. While debating for the amendment in Parliament, Prime Minister said that this amendment is not to restrict the freedom of press in any sense. This just a step to clarify the Legislative powers of Government. He also stated that this amendment was to ensure that international relationship of India is not affected by mere irresponsible write ups by press. This amendment was taken as a breach of trust on press by the government and some section of press even labelled this amendment asShow MoreRelatedFreedom Of Speech And Expression1198 Words   |  5 PagesIII. Freedom of speech and expression The freedom of speech and expression is a cherished human right which has worldwide acceptance. The Universal Declaration of Human Rights through Article19, the International Covenant on Civil and Political Rights through Article 19, the European Convention on Human Rights through Article 19 etc. recognize this right as a human right. But it is not clear whether the right to use loudspeaker forms part of this right. Article 19(1)(a) of the Indian ConstitutionRead MoreSpeech On Freedom Of Expression1552 Words   |  7 PagesIs freedom of expression really a right of American citizens, and if so, are there any limits? To start off, freedom of expression is the right to express ones ideas and opinions freely through speech, writing, and other forms of communication, but without deliberately causing harm to others character and/or reputation by false or misleading statements. There is no such thing as full freedom of expression. There are many articles and laws stating that a person has complete and utter freedom ofRead MoreFreedom Of Speech : Speech And Expression898 Words   |  4 PagesWhen the words, â€Å"freedom of speech† are uttered today, it brings about much conflict and tension. The vagueness of the First Amendment is a pretty good indication of how different times were back when the Constitution and everything along with it were created. Back then, all the Founding Fathers wanted was the establish a democracy using the lessons they had learned from the tyranny of the British King. They wanted more freedom and power to the people. In the modern era, everything has changed, andRead MoreAmerican Freedom Of Speech And Expression1115 Words   |  5 Pagesbe defined as people of self-expression and diligence in the workforce because they have multiple freedoms, rights to be themselves, as well as gratitude towards the United States of America. Many Characteristics can be used to describe an American but self-expression and hard work are the most im portant ones. These characteristics are what helped the American society grow into the strong community it is today. To begin with, American’s are admired for their freedom. In America, people believe aRead More Freedom of Speech and Expression and Responsibility Essay1629 Words   |  7 PagesFreedom of Speech and Responsibility       No matter how fervently someone believes in the justice of his cause, suppression of the free exchange of ideas is failure at best or downright wrong. The power or might behind an idea does not make the idea right. Many powerful people throughout history have been wrong. Few people, if any, would judge Mr. Smith Goes to Washington to be subversive or wrong. In 1939 Ambassador Kennedy was so caught up in the fears of the times that he was willing toRead MoreMedia s Speech On The Freedom Of Speech And Expression1173 Words   |  5 Pagesessential task in intensifying awareness in all people about human affairs in a society. The right to freedom in article 19 of the Constitution of India guarantees the freedom of speech and expression, as one of six freedoms. Although article 19 does not expressly provide for freedom of press, the fundamental right of the freedom of press is implied in the right to freedom of speech and expression. The media being in the vocation of gathering and circulating information is supposed to hold dominantRead More Freedom of Speech and Expression - Little Freedom in a Complex World1183 Words   |  5 PagesLittle Freedom of Expression Freedom of expression, like the air we breathe, is a luxury that most people in western civilization take for granted. I know I certainly took it for granted when I was in the twelfth grade, and that presumption almost got me expelled. In Cornwall, Ontario this last December the idea of freedom of speech did more than get a young man expelled. He was forced to spend the better part of a month, including Christmas, New Years Eve, and his sixteenth birthday in jailRead MoreMillian Principles, Freedom of Expression, and Hate Speech1350 Words   |  5 PagesSpeech that attacks a person or group of people on the basis of race, gender, or sexual orientation is regarded as hateful. It has the potential to incite violence or prejudicial action against or by a protected group of people. In Millian Principles, Freedom of Expression, and Hate Speech, Mill makes the claim that essentially all speech, including hate speech, should be allowed. This claim holds its validity as long as no harm is d one to an individual. Here, I will show that low value speech failsRead MoreFreedom of Speech, Comparing Freedom of Expression in the Statutory Law and the Sharia Law19992 Words   |  80 PagesUniversity of Westminster MA in International Journalism Freedom of Expression Comparing Freedom of Expression in the Statutory Law and the Sharia Law (Human Rights Act 1998 of The British law as an exemplar) Dissertation Submitted for The MA Degree in International Journalism University of Westminster By Motasem Ahmed Dalloul Copyright (2012), University of Westminster and Motasem Ahmed Dalloul Introduction Getting in touch with media law during the first semesterRead MorePolicy Proposal: Restriction to Freedom of Speech Clause965 Words   |  4 PagesPolicy Proposal Restriction to Freedom of Speech Clause The Restriction to Freedom of Speech Clause would add the following to exceptions that are allowed to speech and expression under the First Amendment (see boldface text). Restrictions on freedom of speech are currently permitted to be imposed on Speech that incites illegal or subversive activity Fighting words Symbolic expression Commercial speech Freedom of expression in public schools Obscenity and pornography Regulation of

Girl Attends Byu As A Freshman Mechanical Engineering Student

INTRO TO ME BORING STYLE: 19 years ago, a beautiful baby girl was born to two BYU students. Today that girl attends BYU as a freshman Mechanical Engineering student. Brought up by a Elementary Education major and a Computer Science major, she developed a love of reading at a very young age. That love of reading led to expanded horizons and developed a love of learning in the girl. She nervously began school and suprisingly found that it was very easy for her. As she continued through school, she supplemented her learning with reading, and in fifth grade she entered her first accelerated program. From then on she was largely responsible for her own home work. She continued successfully through school, being recognized for her academic acheivement in all areas. In 9th grade she took her first of many AP classes. Through AP, Honors, and Concurrent Enrollment, she graduated in the Top 30 of her class with over 30 college credits. In addition to her acheivements in school, she also joined her school s Color Guard and participated consistently in that. Her senior year she acted as Captain of her team, and led them to be First in the state in their division. Color Guard was also key in developing her social skills. Through guard, she learned to work well with other people and she developed life long friendships. After attending high school, she applied and was accepted to BYU bringing her life full circle. In her first semester here she has continued in her academic acheivement,

Strategic Legal and Social Issues Free Essays

The Board of Directors of a corporation are vested with the authority to exercise corporate powers, conduct all business and control and hold all properties of the corporation. The supreme authority insofar as the management of the business regular and ordinary affairs of the corporation is vested with the Board of Directors. With great power however comes great responsibility. We will write a custom essay sample on Strategic Legal and Social Issues or any similar topic only for you Order Now Directors act as fiduciaries to the corporation, and once elected they must serve the best interests of the corporation and the shareholders. This fiduciary duty arises out of the board’s fiduciary relationship with the corporation and shareholders. (Saboor H. Abduljaami p2) The following are the three-fold duties of a director: duty of obedience; duty of diligence and duty of loyalty. Duty of Obedience The duty of obedience mandates that every director of the corporation must do and perform only those acts designed to achieve its mission. The mission and goals of the corporation are indicated in the articles of incorporation. Thus, the director must constantly check whether his action is within the scope of his authority and in pursuance of the goals of the company as indicated in its articles of incorporation. (â€Å"Role Playing: When do Board Members Step Over the Line†p2) Further, obedience does not only mean compliance with the rules of the corporation but it also means informing the corporation of any act done in violation of the rules of the corporation. This means that every director is mandated to refrain from violating the internal rules of the corporation. As directors they are also required to inform the corporation of any wrongdoing committed by one director that seriously prejudices the interest of the corporation. Thus, a director who willfully and knowingly votes or assents to patently unlawful acts of another director renders him jointly and severally liable for any damage resulting to the corporation. Duty of Diligence The rule is that every director of the corporation is required to manage the corporate affairs and perform his functions with reasonable care and prudence. As an officer of the corporation, the responsibility of the director towards the corporation is not limited to willful breach of trust or excess of power but extends to negligence. This means that even if there was no unlawful intent or evil motive in performing a corporate act, he can still be held liable if it can be established that he acted negligently. This liability of a director for his negligent acts rests upon common law rule which renders the agent liable who violates his authority or neglects his duty to the damage of the principal. It must be stressed however that the degree of diligence required of a director is relative. The standard of diligence is that which an ordinary prudent director could reasonable be expected to exercise in a like position under similar circumstances. The directors are also bound to observe the limits placed upon their powers in accordance with the Articles of Incorporation or charter, and if they transcend such limit and cause such damage, they incur liability. (Ruben Ladia, p. 164) Thus, if a director willfully performs an act which he knows or ought to know to be unauthorized and beyond the scope of his authority, he is clearly liable for any injury. It is however essential to state that though directors are liable for their negligence which has caused serious prejudice to the corporation, they are not liable for losses due to the imprudence or honest error of judgment. This is the concept of business judgment rule which is a defense on the part of the director to escape any liability for his actions. In principle, this states that questions of policy and management are left solely to the honest decision of the board of directors and the courts are without authority to substitute its judgment as against the director. It is said that â€Å"business judgment rule is purely a case law derived concept whereby a court will not review the management decisions of a corporation’s board of directors absent some sort of showing that the board of directors violated their duty of care or loyalty. † (Jon Canfield 1) It must be stressed that directors are not insurers of the property of the corporation or guarantors of the success of the corporation. So long as the director exercised reasonable diligence in the performance of its function the courts will not interfere and render it liable for negligence. Duty of Loyalty It is a general knowledge that there exists a fiduciary relationship between the directors of the corporation and the corporation and its stockholders. As fiduciaries, they are expected to act with utmost candor and fair dealing for the interest of the corporation and without taint of selfish motives. Thus, the directors are not only required to act with reasonable diligence in managing the affairs of the corporation, they are also expected to act with utmost good faith. Thus, the directors of the corporation are expected to first serve the interest of the corporation and their interest later. They are enjoined not to manipulate the affairs of the corporation to the detriment and disregard of the standards of morality and decency. As corporate insiders, the director cannot utilize any inside information they have acquired for their own benefit. He cannot violate the requirements of fair play by doing indirectly what he cannot do directly. Further as directors of the corporation they are not allowed to obtain any personal profit, commissions, bonus or gain for their official actions. Lastly, a director is prohibited from seizing any business opportunity or developing it at the expense and with the facilities of the corporation. Thus, the duty of loyalty requires a fiduciary to act in the best interests of the corporation and in good faith. (Jiangyu Zhu 2) Thus, as corporate officers an undivided loyalty is expected of every director. This fiduciary relationship between the director and the corporation imposes a strict duty to act in accordance with the highest standard which a man of the finest honor and reputation might impose upon himself. It must be stressed that the duty to act with utmost good faith is imposed upon all the directors. The law imposes upon the director liability for violating this duty of loyalty regardless whether the director actually received profit from his undisclosed transaction. This was affirmed in the case of Item Software v. Fassihi. Case of Item Software v. Fassihi. Facts: Item Software entered into transaction with another company. Item Software has a managing director and a marketing director. It specifically provided in its contract with the marketing director that it cannot take advantage of any confidential information it has learned while employed with Item Software. It appears that while Item Software and the other company were engaged in negotiations, its marketing director had been visiting the other company informing it of his intention to form a new company and his intent to transact directly with the other company. The contract between the two companies did not materialize. Item Software later found out about the actuations of its marketing director. He was eventually summarily dismissed from employment and sued by his own company. Issue: whether the respondent should be held liable by the corporation for its act of disloyalty even if it did not profit from its misconduct. Held: It is immaterial whether the director profited from his misconduct. The sole factor to be determined here is that the director committed a breach of its duty when it failed to disclose its transactions with the other company. The duties of a director imposed by law are generally higher than those imposed on an employee because he is more than simply a general manager of the company, he is a fiduciary who, with his fellow directors, is responsible for the success of the company’s business. Section 317 of the Companies Act of 1985 states that: â€Å"it is the duty of the director of a company, who is in any way, whether directly or indirectly, interested in a contract or proposed contract with the company to declare the nature of his interest at a meeting of the directors of the company. † (Section 317 Companies Act of 1985) Thus, the marketing director was in breach of his duties both as an employee and as a director and the Item Software was entitled to recover from him damages for breach of that duty suffered as a result of the termination of the contract.    How to cite Strategic Legal and Social Issues, Papers

Diabetes and Hypertension

Question: Discuss about theDiabetes and Hypertension. Answer: Introduction Most patients who have diabetes also suffer from hypertension. I have also been identified that there is some overlap between hypertension and diabetes in disease mechanism as well as in etiology. Some of the common pathways for these ailments are inflammation, obesity, insulin resistance, as well as oxidative stress. However, recent breakthroughs in knowledge of these pathways have availed new ways and perspectives in which the diseases can be managed. It has also been identified that people can embrace physical activities as one of the protective means against the disease. A critique of the article, Diabetes and Hypertension: Is there a standard Metabolic Pathway? by Bernard M. Y. And Cheung. Chao Li have been put to detail. Risk Factors for Atherosclerosis In the article, it has been indicated that both diabetes and hypertension are the two primary risk factors for atherosclerosis and the complication that associated with the disorder. According to Bernard and Cheung1, some of these complications are strokes and heart attacks. The article has also indicated that there is more than enough evidence that has shown that there is overlap between hypertension and diabetes. The evidence has also made it clear that there is also an excellent relation between the two concerning their disease mechanism and etiology. However, the article seems to avail shallow information regarding the risk factor for atherosclerosis. For example, according to Hu2, some of the major risk factors for this disorder are smoking, high blood pressure, unhealthy cholesterol levels in the blood, as well as high blood pressure. Kopelman, Caterson, and Dietz 3 argue that blood pressure is a phenomenon that can be grouped into two components, that is pulsatile and steady c omponent. Researchers have also demonstrated a relationship between cardiovascular risk factors and pulse pressure. Epidemiological readings have also indicated positive correlations between glucose metabolism impairment or smoking and pulse pressure. More contradicting information have been identified on the relationship between large artery stiffness and blood lipids. Also, Kopelman, Caterson, and Dietz 3, have indicated that atherosclerosis progresses more with increased blood pressure. In conclusion, Kopelman, Caterson, and Dietz3 argues that there is more than enough proof that blood pressure and other risk factors of the cardiovascular are directly associated. Causes of Hypertension and Diabetes The article also addresses the cause of hypertension and diabetes. For example, besides the genetic aspect of these disorders, environmental factors also influence whether a person will suffer from these diseases. According to Bernard and Cheung1, the environmental factors are composed of the lifestyle factors such as physical activities and diet, and also the period in the uterus. For instance, the latter environmental factor is comprised of aspects such as fetal malnutrition, high birth weight, and gestational diabetes. These factors have the ability to predispose the fetus to cardiometabolic syndrome later in the adulthood stage. Lifestyle factors, on the other hand, include high intake of alcohol, sodium, smoking, mental stress, lack of physical activities, and unsaturated fats. The article does not explain how these genetic, as well as environmental factors, influence a person from suffering from the disorders. For instance, according to Leslie 4, genetic factors play a great a role in determining the function and development of the major body systems as well as their susceptibility to the disorders. Congenital abnormalities and rare genetics that lead the kidney to develop abnormally are related to subsequent renal dysfunction occurrence. Hypertension and diabetes have considered being the most common causes of the end-stage renal disease (ESRD). Both renal and hypertension disorder prevalence vary among people of varying ethnic backgrounds, with the highest rates recorded among people of African descent and the Native Americans. According to Mohler Townsend 5, obesity, especially in the developing nations, is the most concerning condition that aids in the persistence and development of both hypertension and diabetes. Equally important, the fetal periods, particularly in the utero, influence the development of the utero structures. Unlike in the article where they have not mentioned what this condition is referred to as, Brenner, Rector Taal 6, refers to the state as developmental plasticity or fetal programming. Conclusion In conclusion, a critique of the article, Diabetes and Hypertension: Is there a Common Metabolic Pathway? by Bernard M. Y and Cheung. Chao Li have been put to detail. Some of the weaknesses of the article, such as not addressing the issue to detail have been analyzed and compared with other readings. For example, the article mentioned an environmental and genetic cause of diabetes and hypertension without explaining how these factors play a part. Compared with another reading, it has been observed that the article did not avail enough information regarding the causes. It is thus recommended that other readers consult other reading where information in the article appears vague. References Bernard, M. Y. Cheung. Chao Li. Diabetes and Hypertension: Is there a Common Metabolic Pathway? PDF. Hu, F. B. (2008). Obesity epidemiology. Oxford: Oxford University Press. Oxford ; New York : Oxford University Press Kopelman, P. G., Caterson, I., Dietz, W. (2009). Clinical Obesity in Adults and Children. Chichester: John Wiley Sons. Leslie, R. D. G. (2013). Causes of diabetes: Genetic and environmental factors. Chichester [England: J. Wiley. Mohler, E. R., Townsend, R. R. (2006). Advanced therapy in hypertension and vascular disease. Hamilton, Ont: B.C. Decker. Brenner, B. M., Rector, F. C., Taal, M. W. (2011). Brenner Rector's the kidney. Philadelphia, PA: Elsevier Saunders.