Briefing a case---Near v. Minnesota Case Study Example | Topics and Well Written Essays - 500 words

Briefing a ---Near v. Minnesota - Case Study Example The Court was of the judgment that the restraining order violated the First Amendment of the Constitution (Near v. Minnesota). Since the Press was barred against publishing and circulating information on prejudice and anti-Semitism, the Court indicated that the media was simply censored. The press had to enjoy its freedoms and restrains would only be applicable in contexts such as the media publishing stories that touched on overthrowing the government, matters on national security, war, incitement and indecency (Near v. Minnesota). Who won the conflict? What is the legal holding? : The Saturday Press won the conflict. The legal holding focused on the fact that the statute did not allow for censorship control by the media. Censorship for the Saturday Press was, therefore, not permitted (Near v. Minnesota). The state in this context, did not have the mandate to determine what would be published or not. The Court also noted that issuing sanctions to the media prior to their publications would be a clear infringement of the freedom of the press. Prior restraints were therefore not applicable. Why?: The logic that supports the majority opinion is the fact that the First Amendment was to protect the press, and more so from interference from the government that strives to make restraints on the media (Near v. Minnesota). A precedent that emanates from the case relates to how the government makes constant attempts to restrain speech especially on ideas that do not support the government. This case will be used a guide to future cases on restraints on speech.in the event that the government opts to regulate the media, this ruling will be useful to giving rulings. Concurring and dissenting opinions: Three judges among them Justice Butler wrote dissenting opinions that the statute needs not operate on restraints on publications. According to the judges, the

Chinese Women's Attitude toward Intimate Partner Violence and Domestic Term Paper

Chinese Women's Attitude toward Intimate Partner Violence and Domestic Violence - Term Paper Example China accounts for 21% of the world’s population (1300) and studies reported prevalence of IPV against women ranged from 13% to 37% in urban areas and 7% to 66% in rural areas (Wang et al. p.533), the characteristics of the Chinese DV and IPV problem and people’s response toward these problem serves to be of focal importance. China was a patriarchal society for an extensive history. The traditional gender expectation for a Chinese woman is to have absolute obedience, loyalty and devotion to her father, husband and even sons. Chinese men’s superiority and women’s inferiority were heavily embedded in many aspects of social life. Until nowadays, individual’s and public’s perceptions of DV and IPV are shaped by this traditional patriarchal ideology (Sun et al. p. 217,Yanqiu et al. p. 1307). But in Western societies, especially for developed countries like the U.S, women’s movement from the 18 century had enhanced individual awareness and p ublic consciousness of women’s right and thus shapes the attitudes toward DV and IPV (Sun et al. 2010, p. 217). Because of the cultural differences between China and western societies, the reasons account for DV and IPV is quite different too, for example, study found that in-law conflict is one of the major causes for DV and IPV because most of the Chinese married couples live with their in-law (Chan 2010). As far as the research conducted on domestic violence is concerned Sun et al, 2010, conducted a study which aimed to analyze the attitude that individuals adopted towards the police response as far as domestic violence is concerned. Ivan et al. made use of a sample that comprised of a survey questionnaire that contains about a 100 items which were administered to university students. The sample comprised of making use of a total of 654 students from China and America and by the use of purposive-and convenient sampling methods looked to analyze the difference in their reac tions and perceptions. Sun et al. conducts research on the topic by making use of a number of variables, the dependent ones having two measures which denote the attitude of the individuals towards the police as either proactive or traditional as far as domestic violence was concerned. The independent variables used were those that had to do with the background characteristics, experiences, and attitudes as far as gender role and violence was concerned. The data gathered was analyzed by means of a bivariate and a multivariate analysis. The research design used was primarily qualitative descriptive in nature as the means of data gathering was through the use of questionnaire and surveys that was distributed. The adaptation of a descriptive qualitative research method was one that was most frequently found in the numerous studies conducted on the topic of domestic violence. We see Chan et al, 2010, conduct a similar study based on a qualitative design, which although did not approach t he topic by highlighting key differences of individuals from different geographical locations but aimed to analyze the aspect childhood sexual abuse by focusing primarily on Hong Kong. The sample incorporated of households that were through random selection used as a part of the representative population study that was conducted. The sample size was also comparatively larger with over 1154 respondents, who were 16 or above and could speak English. They majority of the sample was male whereas 46% were female, with a varied level of education. The sample was interviewed