He asserts a very valid claim that constitutionally

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as that of free speech, it should be as narrowly tailored as possible. He asserts a very valid claim that constitutionally protected speech is often filtered out as well due to software imperfections, and such mistakes are far to significant in regard to such a fundamental right. I found both arguments to be compelling and valid; however, Justice Rehnquist’s point that by refusing a library funding, the government was not limiting the library’s free speech rights, but simply refusing to support or subsidize a library that chose not to protect citizens from obscene and harmful content. Journal #7: Is a Sentence of Life in Prison for Stealing $150 Worth of Videotapes Constitutional?
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In Lockyer v. Andrade Justice O’Connor argues that the sentencing of defendant Andrade to two consecutive sentences of 25 years to life does not violate the Eighth Amendment protection against cruel and unusual punishment because the sentence cannot be determined to be applied “objectively [unreasonably,]” and therefore, does not meet the legal guidelines required to overrule the state court’s decision. Justice Souter counters this assertion, claiming the sentencing is unreasonable because it is not proportional to the crimes committed, nor is the sentence proportional to the danger Andrade poses to society as indicated by his crimes. I agree with Justice Souter on basically every level of his argument. His assertion that Mr. Andrade’s case is almost identical to the Solem case (which is relied on for precedent and ruled such a sentencing in violation of the Eighth Amendment) demonstrates that precedent dictates such a conviction be diminished to something more reasonable and appropriate. Also his claim that the sentence is applied in this case blindly rather than under consideration of what a “three strikes” penalty is meant to signify further exemplifies the objective unreason used in sentencing Mr. Andrade. Lastly, his claim that Justice O’Connor’s argument and the arguments of the lower courts were irrational in accepting and justifying such a sentence for a petty crime is completely valid. Justice O’Connor’s argument in this case seems to lack any conviction whatsoever: she appears to be following the “letter of the law,” without any regard for the substance that is necessary for a law to be respected and rational. Journal #8: May Marriage be Denied to Same-Sex Couples?
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In the case Goodridge et al., v. Department of Public Health Justice Margaret Marshall for the court defends the granting of marriage licenses to same-sex couples and argues that the equal protection of the constitutional freedoms guaranteed to all, namely the freedom to marry, is superior to any state interest in protecting the social institution of marriage. Justice Cordy opposes the majority opinion, arguing that the state’s interest and exercise of police powers allows it to regulate the fundamental social institution of marriage and takes priority over the changing of historical legal customs for the sake of allowing same-sex couples the freedom to marry.
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  • Fall '11
  • Dupont
  • History, Supreme Court of the United States, First Amendment to the United States Constitution, Fourth Amendment to the United States Constitution, Associate Justice of the Supreme Court of the United States, Justice Rehnquist

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