Wikipedia:Articles for creation/2008-05-09
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[edit] Guiles v. Marineau
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Infobox Court Case
]]}} In Guiles v. Marineau, 461 F.3d 320 (2d. Cir. 2006), the U.S. Court of Appeals for the Second Circuit held that the First and Fourteenth Amendments to the Constitution of the United States protect the right of a student in the public schools to wear a shirt insulting the President of the United States and depicting images relating to drugs and alcohol. [edit] overviewThe First Amendment to the Constitution of the United States prohibits Congress, among other things, from passing any law "abridging the freedom of speech." The Fourteenth Amendment likewise prohibits State governments from "depriv[ing] any person of life, liberty, or property, without due process of law." The courts have interpreted the "liberty" guaranteed by the Fourteenth Amendment to encompass the freedom of speech protected by the First Amendment. See, e.g., Edwards v. South Carolina, 372 U.S. 229, 235 (1963); Near v. Minnesota, 283 U.S. 697, 707 (1931); Stromberg v. California, 283 U.S. 359, 368 (1931). [edit] factual backgroundThe plaintiff in this case, a student at Williamstown Middle High School in Vermont, had worn a T-shirt displaying the name "George W. Bush" and the words "Chicken-Hawk-In-Chief," underneath of which there was "a large picture of the President's face, wearing a helmet, superimposed on the body of a chicken."[1] Alongside the picture of the President was a depiction of "three lines of cocaine and a razor blade."[2] The wings of the "chicken" were depicted holding a straw and an alcoholic beverage. At the bottom of and on the back of the T-shirt there was additional verbiage making fun of Bush and, among other things, accusing him of being addicted to cocaine. Depictions of Bush, cocaine and alcohol were also present on the sleeves. After plaintiff had worn this shirt several times over a period of weeks, another student complained to a teacher, but was informed that the shirt constituted political speech, protected by law. However, after receiving a complaint from a parent, the defendant in the case, a school employee, asked the student to cover up the parts of the shirt pertaining to drugs and alcohol, or turn the shirt inside-out, or wear a different shirt, in accordance with the school system's dress code, which prohibits "any aspect of a" student's "appearance, which constitutes a real hazard to the health and safety of self and others or is otherwise distracting," (emphasis added) including "[c]lothing displaying alcohol, drugs, violence, obscenity, and racism."[3] The student refused, and after the student's father had the opportunity to speak with the superintendent, the defendant school administrator completed a "discipline referral form" and sent the student home. After the student returned to school, he wore the T-shirt covered by duct tape (as required by the school), on top of which was written the word "censored." The student sued the school administrators (the student support specialist, the principal and the superintendent) in order to have the disciplinary referral expunged from his record, and to enjoin the school from enforcing the dress code policy against him. The district court, applying the Supreme Court precedent set in Bethel School District No. 403 v. Fraser[4], held that the images depicted on the shirt were "plainly offensive or inappropriate" and that the school was therefore entitled to enforce its dress-code policy, but also ordered the expungement of the offense from the student's disciplinary record. Both the plaintiffs and the defendant appealed. [edit] the issue decided by the courtCan a school discipline a student for wearing a shirt that displays images of drugs and alcohol as part of a political message? [edit] the decision of the courtThe court of appeals held that the T-shirt, in spite of its depiction of drugs and alcohol, was protected speech under the First and Fourteenth Amendments to the Constitution of the United States. In its decision, the court analyzed the facts in light of the following three Supreme Court cases: Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969), Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986) and Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260 (1988). In Tinker, the United States Supreme Court held that a school may not ban students from wearing black armbands in protest of the Vietnam War. The Tinker case thus stands for the proposition that "a student may 'express his opinions, even on controversial subjects . . . if he does so without materially and substantially interfer[ing] with the requirements of appropriate discipline in the operation of the school and without colliding with the rights of others,' Tinker 393 U.S. at 513 (alteration in original). The rule of Tinker has come to mean that a school may not regulate student expression unless the regulation may be 'justified by a showing that the student['s] [speech] would materially and substantially disrupt the work and discipline of the school.'"[5] In Fraser, however, the Supreme Court held that a school could discipline a student for making a speech at a public assembly that "is 'vulgar,' 'lewd,' 'indecent,' or 'plainly offensive.'"[6] Fraser can be thought of as an exception to the general rule set forth in Tinker: student speech is generally protected under the Constitution, but the protection does not apply if the speech is "plainly offensive."[7] Whether Guiles' T-shirt was plainly offensive or not was a question of first impression in the Second Circuit; in this case, considering an analogous decision in Frederick v. Morse, 439 F.3d 1114 (9th Cir. 2006), the court held that the T-shirt is not "plainly offensive," and therefore falls within the protection of the Constitution as interpreted in Tinker, rather than being subject to regulation in accordance with Fraser.[8] [The holding in Frederick v. Morse was subsequently overruled by the Supreme Court, but this does not affect the precedential value of Guiles v. Marineau within the Second Circuit. [9]] In Hazelwood, the Supreme Court permitted schools to regulate the content of a school newspaper, on the grounds that there is a "distinction between school-sponsored speech and student speech."[10]. The student's T-shirt was not school-sponsored, nor was there any appearance of sponsorship by the school, and therefore Hazelwood was inapplicable in this case.[11] Finally, the Guiles court held that the plaintiff's rights were violated even by the limited intervention of the school staff (who had given the plaintiff the choice of changing shirts, wearing the shirt inside out, or covering the depictions of drugs and alcohol). The court stated that "[t]he pictures" that the school administrators wanted the student to obscure "are an important part of the political message" that he "wished to convey, accentuating the anti-drug (and anti-Bush) message. By covering them defendants diluted" the student's "message, blunting its force and impact. Such censorship may be justified under Tinker only when the substantial disruption test is satisfied."[12] As the student had worn the shirt on several days with no disruption to classroom activities, there are no grounds for the school to take any action against him. [edit] applicabilityThis decision only applies to cases involving political speech by students in public schools.[13] The judges in this case intentionally leave open the question of whether a school may prohibit clothing that carries a pro-drug message[14]. Furthermore, the case does not apply to school-sponsored speech, nor does it apply to private schools. Additionally, as noted above, one of the decisions that the court cited in this case has been subsequently overruled.[15] [edit] sources
[edit] further reading
<http://find.galegroup.com/itx/start.do?prodId=GRGM>
<http://find.galegroup.com/itx/start.do?prodId=GRGM> 69.140.152.55 (talk) 00:23, 9 May 2008 (UTC) |
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[edit] A GUNT
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[edit] A GUNT
[edit] Sources
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[edit] National Catholic Church of America (NCCA)
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[edit] Bakersfield Community Theatre
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[edit] Alan Zweig
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[edit] Where Did They Go (Peggy Lee album)
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[edit] The Barter Network
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Infobox_Company
]]}} The Barter Network was founded in 2006 by Gary Jason Bergenske, President and CEO, as a commercial trading network of companies. The Barter Network has grown to over 500 companies. These companies trade among each other using a medium of exchange called a trade dollar. In 2007, the 500 members of The Barter Network conducted over $5.7 million in trade sales and purchases using the The Barter Network trading network. The Barter Network provides a marketplace for businesses to exchange goods and services. Members enjoy increased sales, cash flow and profit. Florida Barter recruits members through referrals and its direct sales force, facilitates sales and purchases by members, and acts as a third-party record keeper, providing transaction processing of debits and credits of its trade dollars. [edit] History[edit] 2006 - 2007 The Early YearsThe Barter Network in 2006 orginally opened its doors in Sanford Florida just outside of Orlando. In November of 2007 they outgrew their standalone 1 story centroplex and moved to the upclass Winter Park Florida, only minutes from Downtown Orlando. [edit] 2008 Continuos GrowthSome call them the new kids on the block, some call them a change in the barter industry, either way they are paving the way for a barter revolution. The Barter Network is defying all of the limitations that their competitors have set for their success. Their goals have been to keep up to date with technology, provide great customer service, and grow at a rate of 30-40 members per month. These goals were set for accountability to their members, to show them not only that they are working hard but that they are doing business responsibly and honestly. These goals have improved The Barter Network so dramatically that their competitors took notice and adding them to their company’s goals as well. [edit] Corporate Governance[edit] CEO
[edit] Current Executives
[edit] Legal[edit] Tax ImplicationsIn the United States, it is generally not possible to avoid income taxes by bartering one's services. According to the IRS, "The fair market value of goods and services exchanged must be included in the income of both parties."[1] The barter in many cases must be reported on Form 1099-B and Schedule C.[2] [edit] Member Benefits[edit] Membership Cards[edit] TBN Currency[edit] See also
[edit] References[edit] External links[edit] General
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[edit] Thomas R Ostenberg
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[edit] Thomas R Ostenberg
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[edit] Bicycle Repair Man
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[edit] ICRIER--Indian Council for Research on International Economic Relations
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[edit] Oceanic Worldwide
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[edit] Phaedra
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[edit] Phaidra
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[edit] Tauhei Combined School
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[edit] KOBT
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[edit] Acer the Baddie
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[edit] Turnaround (refining)
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[edit] General Purpose Heat Source
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[edit] Black Partridge (chief)
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Infobox Person
]]}} Black Partridge or Black Pheasant (Potawatomi: Mucketeypokee, Mucktypoke, Mka-da-puk-ke, Muccutay Penay, Makadebakii, Makdébki) (c. 1745-1816?) was a 19th century Peoria Lake Pottawatomie chieftain. Although a participant in the Northwest Indian War and the Peoria War, he was considered very friendly to early American settlers and was a longtime advocate of peaceful relations with the United States. He and his brother Chief Wabaunsee both attempted to protect settlers during the Fort Dearborn massacre when they were unsucessful in preventing the attack. A memorial at the site of the massacre in present-day Chicago, Illinois includes a statue of Black Hawk preventing a tomahawk from hitting a Mrs. Margaret Helm, the wife of one of the defenders at Fort Dearborn. [3] [4] Black Partridge Woods, a state park in Cook County, Illinois, as well as Partridge Township in Woodford County, Illinois is named in his honor. [5] [edit] BiographyBlack Partridge is first recorded during the Northwest Indian War as a war chief under Matchekewis at the Battle of Fallen Timbers. [6] He was later awarded a silver medal, with an engraving of President George Washington, from General "Mad" Anthony Wayne at the signing of the Treaty of Greenville on August 3, 1795; another account claims the medal was presented to him by General Harrison at the Treaty of Fort Wayne on September 30, 1809 and had the engraving of President James Madison. [7] He wore the medal for several years afterwards to symbolize the Pottowatomie's friendship with American settlers. One of the Pottawatomie chieftains wishing to remain neutral during Tecumseh's War, he and Gomo refused to ally with Shawnee chieftain Tecumseh when approached by him during the summer of 1810. Black Partridge said to Tecumseh, {{cquote|I cannot join you. This token was given to me at Greenville by the great chief [Wayne]. On it you see the face of our father at Washington. As long as this hangs on my neck I can never raise my tomahawk against the whites. [8]}} Although he was a strong supporter of peace, he was unable to control the younger tribal members and warriors eager to join Tecumseh's fight. He unsuccessfully tried to dissuade the Pottawatomie from joining the attack at Fort Dearborn and, on the evening of August 14, 1812, he rode ahead of the main force arriving at Dearborn to return the medal to the fort commandant, Captain Nathan Heald. [9] {{cquote|Father, I come to deliver up to you the medal I wear. It was given to me by the Americans, and I have long worn it in token of our mutual friendship. Our young men are resolved to imbue their hands in the blood of the whites. I cannot restrain them, and I will not wear a token of peace while I am compelled to act as an enemy. [10]}} During the ensuing Fort Dearborn massacre, he and his brother Wabaunsee tried to protect the settlers from the atrocities being carried out by the attackers. Black Partridge apparently saved the life of a Mrs. Margaret Helm, the wife of Lieutenant Helm and step-daughter of Indian trader John Kinzie, by holding her underwater under the appearance of drowning her in Lake Michigan. He later had her taken to a nearby Indian camp where her wounds were dressed by a squaw-mother. Black Partridge also helped free her husband who was being held captive by the Red Head Chief at Kankakee. Delivering the ransom on behalf on U.S. Indian Agent Thomas Forsyth, he voluntarily offered his pony, rifle and a gold ring along with the written order for $100 by General George Rodgers Clark. [11] Returning to his village on Peoria Lake however, he found his village had been burned by the Illinois Rangers from Edwardsville under orders from Governor Ninian Edwards. [12] Among the massacred villages included his daughter and his grandchild. Taking 200 warriors from nearby villages, as well as 100 from Shequenebec and another 100 from Mittitass, [11] he joined in the attack against Fort Clark on September 19, 1813 although this attack was repulsed by the fort's defenders. Black Hawk, then a young warrior, was also present at the attack. Black Partridge and his band eventually surrendered after being driven back to Fort Clark by General Henry Dodge and Major Zachary Taylor [13] He was one of the 13 chieftains escorted by Colonel George Davenport to St. Louis where peace was signed between the Pottawatomie and the United States. [14] [15] He was a later signatory of several treaties between the Pottawatomie and the United States government. [16] [edit] In popular cultureHe is portrayed in several historical novels including:
[edit] References{{Reflist}}
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[edit] mikey rakkar
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[edit] <blanked>
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[edit] Dr. Faisal Manzoor Arain
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[edit] St. Mary Bishophill Junior, York
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[edit] Brett Rice
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[edit] TRL Music
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infobox record label
]]}} TRL Music is an independent record label and publisher based in the UK, home to artists that include Urban Myth Club, Stillman and Chocolate Tannoy. It was formed in Cambridge, UK in 2002 by Mark Desvaux. The label's first full album release was Urban Myth Club's Helium.[17] [edit] Notable artists
[edit] See also[edit] References{{reflist|2}} [edit] External links{{Record-label-stub}} Category:British record labels Category:Record labels established in 2002 Category:Independent record labels Category:Electronic music record labels |
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[edit] Aberdeen Citizen
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[edit] Scott Bessac
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