Read the following hypothetical situations and decide whether each one contains a violation of the Bill of Rights. For each, write the number of the amendment and the appropriate phrases from the amendment that relates to the situation. 1. A 20-year-old college student starts his own newspaper which often prints articles making fun of the local mayor. The mayor is angry and gets his aides to the papers off the stand before they can be distributed. 2. A woman is being tried for murder. The prosecuting attorney forces her to take the stand and testify. 3. A student wears a button to school urging people the vote for a certain candidate for President of the United States. Some other students don't like the candidate and ask the principal to force the student to take off the button. The principle refuses to tell the student to remove the button. 4. A dentist is being sued for $500,000. He wants a jury to hear the case but the judge refuses his request. 5. A young woman is being tried for treason. She is accused of selling plans for building a nuclear warhead to Iran. The judge believes it would be dangerous to let the public hear her ideas. He refuses to allow anyone to view the trial. 6. A group of teenagers gather quietly on a street corner. Neighbors complain and ask the police to arrest them for getting together as a group. The police refuse. 7. A town needs more land to build a new elementary school. A woman's property is needed but he wants to keep it. The town forces her to sell and gives her twice the property's actual value. She sues to get her land back. 8. The government tries a man for murder and loses the case. A jury says he is innocent. The district attorney who prosecuted the case is mad and promises to keep trying him until they get a jury to convict him. The defendant thinks this is unfair. 9. The Postmaster General of the United States has a cross and a nativity scene installed at all Post Offices throughout the country during Christmas time. Government funds are being used to purchase the cross and nativity scene. The mayor of a predominantly Jewish town demands that the cross and nativity scene be removed from her town. 10. A man living on a quiet residential street erects a giant billboard on his front lawn. The billboard has neon lights advertising a new breakfast cereal that the man invented. The city has zoning laws against this type of sign in a residential neighborhood and demands that it be removed.
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Located on the outskirts of a large city, the suburb of Peaceful Valley comprises approximately 6,000 upscale homes. The subdivision came about 10 years ago when a developer built an earthen dam on Peaceful River and created Peaceful Lake, a meandering 20-acre body of water. The lake became the centerpiece of the development, and the first 1,000 half-acre lots were sold as lakefront property. Now Peaceful Valley is fully developed with 50 streets, all approximately the same length with about 120 houses on each street. Peaceful Valley’s residents are primarily young, professional, dual-income families with one or two school-age children. Peaceful Valley has not been living up to its name in recent months. The Suburb Steering Committee has recommended that the community build a swimming pool, tennis court, and meeting room facility on four adjoining vacant lots in the back of the subdivision. Construction cost estimates range from $2.5 million to $3 million, depending on the size of the facility. Currently, every Peaceful Valley homeowner is billed $250 annually for maintenance, security, and upkeep of the development. About 75% of residents pay this fee. To finance the proposed recreational facility, every Peaceful Valley household would be expected to pay a one-time fee of $1,500, and annual fees would increase to $500 based on facility maintenance cost estimates. Objections to the recreational facility come from various quarters. For some, the one-time fee is unacceptable; for others, the notion of a recreational facility is not appealing. Some residents have their own swimming pools, belong to local tennis clubs, or otherwise have little use for a meeting room facility. Other Peaceful Valley homeowners see the recreational facility as a wonderful addition where their children could learn to swim, play tennis, or just hang out under supervision. The president of the Peaceful Valley Suburb Association has decided to conduct a survey to poll the opinions and preferences of Peaceful Valley homeowners regarding the swimming pool, tennis court, and meeting room facility concept. Review the following possible sample methods. Indicate your reactions and answers to the questions associated with each possible method. 1. There is only one street into and out of the subdivision. The president is thinking of paying his teenage daughter to stand at the stoplight at the entrance to Peaceful Valley next week between the hours of 7:00 and 8:30 a.m. to hand out questionnaires to exiting drivers while they wait for the red light to change. The handouts would include addressed, postage-paid envelopes for returns. Identify what sample method the president would be using, list its pros and cons, and indicate how representative a sample would result. (2.0) 2. The chairperson of the Suburb Steering Committee thinks the 1,000 homeowners whose houses are on the waterfront properties of Peaceful Lake are the best ones to survey because they paid more for their lots, their houses are bigger, and they tend to have lived in Peaceful Valley longer than other residents. If these 1,000 homeowners are used for the sample, what sample method would be involved, what are its pros and cons, and how representative a sample would result? (2.0) 3. Assume that the Steering Committee chairperson’s point that the 1,000 waterfront owners are not the same as the other 5,000 Peaceful Valley Subdivision homeowners is true. How should this fact be used to draw a representative sample of the entire subdivision? Identify the probability sampling method that is most appropriate, and indicate, step by step, how it should be applied here. (2.0) 4. How would you select a simple random sample of those Peaceful Valley homeowners who paid their subdivision association dues last year? What, if any, sample bias might result from this approach? (2.0) 5. How could a two-step cluster sample be used here? Identify this sample method and describe how it could be used to select a representative sample of Peaceful Valley households. (2.0)
Sri K.
On the morning of September 11, 1975, an OSHA inspector entered the customer service area of Barlow's, Inc., an electrical and plumbing installation business located in Pocatello, Idaho. The president and general manager, Ferrol G. "Bill" Barlow, was on hand; and the OSHA inspector, after showing his credentials, informed Mr. Barlow that he wished to conduct a search of the working areas of the business. Mr. Barlow inquired whether any complaint had been received about his company. The inspector answered no, but that Barlow's, Inc., had simply turned up in the agency's selection process. The inspector again asked to enter the nonpublic area of the business; Mr. Barlow's response was to inquire whether the inspector had a search warrant. The inspector had none. Thereupon, Mr. Barlow refused the inspector admission to the employee area of his business. He said he was relying on his rights as guaranteed by the Fourth Amendment of the United States Constitution. Three months later, the Secretary petitioned the United States District Court for the District of Idaho to issue an order compelling Mr. Barlow to admit the inspector. The requested order was issued on December 3, 1975, and was presented to Mr. Barlow on January 5, 1976. Mr. Barlow again refused admission, and he sought his own injunctive relief against the warrantless searches assertedly permitted by OSHA. The Warrant Clause of the Fourth Amendment protects commercial buildings as well as private homes. To hold otherwise would belie the origin of that Amendment, and the American colonial experience. The District Court ruled in the appellee's favor. The Supreme Court affirmed the District Court's judgment. Case Questions Question 1. State, as briefly and clearly as possible, the argument that Barlow's is making in this case. Question 2. Why would some industries or businesses be "closely regulated"? What are some of those businesses? Question 3. The Fourth Amendment speaks of "people" being secure in their "persons, houses, papers, and effects." Why would the Fourth Amendment apply to a business, which is not in a "house"?
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