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Violations of Rights [Hypothetical Responses]

A place to put national factbooks, embassy exchanges, and other information regarding the nations of the world. [In character]

HypoResponse Poll: Definitions of Rights in your nation

My nation believes in strictly defining what rights are, and what they aren't.
3
43%
My nation believes in loosely defining them, as to leave them open for interpretation for the future.
1
14%
My nation believes in having a strict platform, but providing flexibility in the inclusion of new rights.
3
43%
My nation believes in adapting rights by interpretation ,so original and good ideas to be valid in the future without risk of constant change.
0
No votes
 
Total votes : 7

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Haiz
Diplomat
 
Posts: 985
Founded: Mar 19, 2010
Ex-Nation

Violations of Rights [Hypothetical Responses]

Postby Haiz » Sun Apr 11, 2010 2:36 pm

Please respond to the following hypothetical scenarios on Rights Infringement cases with your government's most common stance.

[Obviously, if you do not have the rights mentioned in the scenarios, this Hypo Response Survey will not be very helpful]

Code: Select all
A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?


Code: Select all
A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?


Code: Select all
An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?


Code: Select all
A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?


Code: Select all
A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside.  Is this a violation of rights in your nation?


Code: Select all
A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?


Code: Select all
A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?
Last edited by Haiz on Fri Aug 20, 2010 9:32 am, edited 2 times in total.
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Ewa beach
Senator
 
Posts: 3943
Founded: Jul 23, 2009
Ex-Nation

Postby Ewa beach » Sun Apr 11, 2010 2:48 pm

Code: Select all
A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?

Yes.
Code: Select all
A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?

No.
Code: Select all
An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?

No. And the infamous anarchists is given the Death Penalty.
Code: Select all
A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?

Depends on what these "inner secrets" were about.
Code: Select all
A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside.  Is this a violation of rights in your nation?

No.
Code: Select all
A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?

No.
Code: Select all
A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?

No.
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Kirhean Tribes
Envoy
 
Posts: 285
Founded: Feb 02, 2010
Ex-Nation

Postby Kirhean Tribes » Sun Apr 11, 2010 2:54 pm

Code: Select all
A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?


Yes, all commonwealth citizens have protected expression. Furthermore, a "dress code" is illegal in an of itself, as citizens have the right to wear/not wear whatever clothing they wish, including not wearing any clothing at all.

Code: Select all
A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?


If it is true that the government is leasing the property for the purpose of private worship, then they are well within their rights to peacefully escort anyone they wish off the premises. Furthermore, if his behavior is found to have been part of a plan to harass members of that religion, then he will be charged with the appropriate crimes. If, however, it is found that he was not given fair warning by way of sign and verbal announcement, then he may press charges for infringement by a private group.

Code: Select all
An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?


Not rights so much as a violation of the peace. His right to expression is protected, and he was not behaving offensively. The individual will be charged with assault by the government if the victim chooses not to.

Code: Select all
A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?


Again, yes. The right to Expression is protected in the Commonwealth.

Code: Select all
A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside.  Is this a violation of rights in your nation?


Yes this is a violation. Firstly, the police were not on duty and as such only have rights to "citizens arrest", meaning they may detain an individual who has openly broken laws until the on duty police arrive on scene...from the description no laws were openly broken. Secondly, the victim was not implicated in any crimes as a suspect, thus they did not even possess reasonable cause for a search.

Code: Select all
A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?


Certainly, he may speak as he wishes. With the exception of "classified" information, of course. So long as the joke had nothing classified as subject matter, it was entirely within his rights to make it.

Code: Select all
A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?
[/quote]

Again, Expression is protected. Yes, his rights were violated and the government will back their case against the school.
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Greater Rhodes
Senator
 
Posts: 3526
Founded: Feb 14, 2010
Ex-Nation

Postby Greater Rhodes » Sun Apr 11, 2010 3:07 pm

A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?
-In a public or government-owned school it is a violation of rights, in a private school (or where the government owns less than 51% of the school) it is the school's decision

A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?
On public property it is a violation of rights, on private property the case is debatable.

An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?
There will be a fine for assaulting the anarchist, and that is about it.


A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?
Yes, seeing as almost all post-secondary schools are government owned.

A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside. Is this a violation of rights in your nation?
No

A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?
Yes

A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?
It is vandalism, but wouldn't warrant expulsion anyways.
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Malkyer
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Posts: 90
Founded: Sep 08, 2004
Ex-Nation

Postby Malkyer » Sun Apr 11, 2010 3:10 pm

Code: Select all
A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?


It depends; if the school in question is a private institution, then the administration of said institution has full authority to regulate the freedom of speech of its students, insofar as the assumption is made that, by virtue of their attendance, students have implicitly agreed to follow any rules, procedures, and regulations of the educational institution.

However, were this to occur at a public institution, suspension for choice of clothing would technically be an infringement on the student in question's rights to freedom of expression. Were such a case to be brought to court, though, the likely outcome would be some mild amusement on the part of the presiding judge before the issuing of a verdict mandating that the student "grow a pair, and deal with it."

Code: Select all
A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?


This is a similar case to the previous one; if the man in question was on public grounds, then his right to worship in whatever fashion he so choose is sacrosanct (within reason; inciting violence, hate speech, committing sacrifices, etc, would result in either arrest or escort off the premises). On private ground, however, the security guard was well within the law to remove him.

Code: Select all
An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?


Having done nothing to provoke the attack, this would indeed be a violation of the anarchist's rights, and his attacker would be arrested and prosecuted to the full extent of the law for assault.

Code: Select all
A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?


See Case Study #1 for the difference between private and public institutions.

Code: Select all
A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside.  Is this a violation of rights in your nation?


If the weapons were in plain sight from the street, then the police had the legal right to approach the residence and investigate further (most weapons are permitted in Malkyer provided one has the proper paperwork--the police would have sought documentation thereof for this as the first part of their investigation of the premises).

Code: Select all
A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?


Theoretically, no, because a foreign citizen the delegate has no rights under Malkyeri law; merely privileges granted by the Ministry of Tourism and Trade that simply happen to closely align with the rights of Malkyeri citizens.

Practically, it would depend on the rank of the delegate in question. By Malkyeri law, only heads of state, heads of government, accredited ambassadors, and the technical/adminstrative staff of embassies are granted diplomatic immunity. If the delegate in question did not fall into this category, then the Air Marshals were well within the law to detain him.

Code: Select all
A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?


See Case Study #1.
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New Lusitaniagrad
Minister
 
Posts: 3186
Founded: Dec 23, 2009
Ex-Nation

Postby New Lusitaniagrad » Sun Apr 11, 2010 3:20 pm

Yes it violates our freedom of speech, and protest
Code: Select all
A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?

No he was on privet property
Code: Select all
A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?

Yes freedom of expression
Code: Select all
An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?

No it is privet property
Code: Select all
A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?

Yes they need a warrent
Code: Select all
A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside. Is this a violation of rights in your nation?

No our rights extend only to our citizen
Code: Select all
A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?
Yes
Code: Select all
A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?
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Rejistania
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Posts: 3601
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Civil Rights Lovefest

Postby Rejistania » Sun Apr 11, 2010 3:22 pm

Haiz wrote:Please respond to the following hypothetical scenarios on Rights Infringement cases with your government's most common stance.

[Obviously, if you do not have the rights mentioned in the scenarios, this Hypo Response Survey will not be very helpful]


Haiz is at it again. :) :) :) I really like your threads! :) :) :)

Code: Select all
A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?


If a [private] university had a [Hogwarts-like] dress code, which the student signed to adhere to when enrolling, then this is not an infringement. However in all other cases: yes.

Code: Select all
A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?

If it was publically accessible territory, like the sidewalk of a public street, yes, it would be a violation of his rights. In an enclosed area, it might be different, but this is a difficult issue.

Code: Select all
An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street, man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?


Very definitely.

Code: Select all
A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?


Was it on a uni server? If yes, tough slani. Otherwise: yes.

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A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside.  Is this a violation of rights in your nation?


It is. They would first have to get a warrant.

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A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?

If he really did something to threaten the continued existance of Rejistania as a free, indendent and federalist nation, no, but an utterance meant as a joke most likely does not qualify as such.

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A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?

No, it is damaging other people's/public property.
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Fatatatutti
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Posts: 10943
Founded: Jun 02, 2006
Civil Rights Lovefest

Postby Fatatatutti » Sun Apr 11, 2010 3:32 pm

Code: Select all
A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?

A dress code would be considered a violation of the right to free expression. Suspending a student would also be considered a violation of his right to education.

Code: Select all
A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?

Freedom of religion is protected but no religious group has a right to enforce its own practices even on its own property. It would be considered socially gauche, of course, to openly flout somebody else's religious conventions.

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An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?

The attacker would be arrested and charged with assault.

Code: Select all
A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?

The college would not be allowed to violate the student's right to freedom of expression.

Code: Select all
A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside. Is this a violation of rights in your nation?

A murder case in Fatatatutti would be exceedingly rare, so the police could be forgiven for being over-zealous due to inexperience. But as a general rule, the courts don't care how evidence was obtained. All evidence is admissible. However, if the police break any laws in obtaining evidence, they are liable to criminal prosecution just like anybody else. In this specific case, the evidence was in plain sight so no laws were broken. If the door had been closed, the resident would have the right to refuse to open it unless a warrant was presented.

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A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?

Unless the joke actually caused panic on the aircraft, the arrest would be a violation of rights. The general rule in Fatatatutian law is "no harm, no foul".

Code: Select all
A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?

Again, expulsion for any reason would be a violation of the child's right to education. If there was any actual damage done to the desk, the child would be helped to understand that vandalism is anti-social. If it was just writing, asking him to remove it would be a violation of his right to freedom of expression. It doesn't make a bit of difference what he wrote.
Last edited by Fatatatutti on Sun Apr 11, 2010 3:34 pm, edited 1 time in total.

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Person012345
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Posts: 16783
Founded: Feb 16, 2010
Ex-Nation

Postby Person012345 » Sun Apr 11, 2010 3:39 pm

Code: Select all
A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?

School Uniform is Mandatory in state schools.
Code: Select all
A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?

A sidewalk is public property. The security guards would have had no right to remove him, and if done with force they could be prosecuted.
Code: Select all
An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?

Well, flag burning is seen as a compliment in our nation.

However, were this to occur, the assailant would be prosecuted for assault.
Code: Select all
A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?

Yes. His freedom of speech is protected. If he was spreading libel about someone he may be open to prosecution from them, but that would not be a reason to have his blog shut down, and that could only be done with a court order.

Though they would be free to deny him access to their computing equipment. However, if it were a government run school, the BoE could have him be allowed to use them again.
Code: Select all
A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside.  Is this a violation of rights in your nation?

It would depend on the nature of the weapons. Most firearms are banned unless you have a licence. If they were just tools it is unlikely that he would have been arrested.

Though our police are trained not to simply go snooping around in open garages and such. Unless they had reason to I don't see why they would have entered his garage in the first place. If they had, they could be prosecuted under an unauthorised entry into private property law. This however would not have affected the his trial if they had found illegal weapons.
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A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?

We do not have diplomatic immunity per se. However, he would not have been arrested for making a joke. If it was on a private flight then whatever rules apply to that airline apply (thought they have to be made known before punishment can be enacted), it wouldn't involve the police. If it was on the nationalised carrier, PersonFly, most flights have some sort of security agent on board (usually also acting as an air host, or in some other capacity aboard the plane). He would have taken action if the delegate was being continuously rowdy, had been asked numerous times to be quiet and was visibly distressing other passengers. Though again, he would not have been arrested for speaking anything, he would have been taken to the back and placed in a small holding cell (opposite to, and with dimensions equal to, the toilet).
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A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?
[/quote]
In a state school, yes. The parents would contact the BoE and it if the story is true, the boy would be given re-admission to the school and the head teacher would be investigated and evaluated.

If it's a private school they can pretty much keep and get rid of whoever they like for any reason.
Last edited by Person012345 on Sun Apr 11, 2010 3:44 pm, edited 2 times in total.

User avatar
Grays Harbor
GA Secretariat
 
Posts: 18125
Founded: Antiquity
Inoffensive Centrist Democracy

Postby Grays Harbor » Sun Apr 11, 2010 4:36 pm

Code: Select all
A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?

All schools in the Kingdom have uniforms, so this is not a violation of "free speach", and the student was indeed in violation of dress codes.

Code: Select all
A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?

No, it is a violation of good manners by the kneeler. The security guard was well within his rights to escort the kneeler off the premises.

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An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?

we have no anarchists in our nation.

Code: Select all
A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?

No, it is not.

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A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside.  Is this a violation of rights in your nation?

If they are items the man used in the commission of his crime, then no, it is not a violation of any "rights".

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A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?

It is a violation of good sense by the diplomat.

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A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?

The child should be soundly disaplined for defacing school property, and the parents should learn how to control their child and teach them responsibility.
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The New Saltee Islands
Spokesperson
 
Posts: 101
Founded: Mar 02, 2010
Ex-Nation

Postby The New Saltee Islands » Sun Apr 11, 2010 4:49 pm

A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?

This is not a violation of religious freedom. Any one person can pray where they feel like as long as it does not interfere with the safety and well being of other people around them.


An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?

This is a violation of the law. Under the law no person can walk up to some one and hurt them or assault them. However flag buring is against the law without a permit and Patriotic reasons.


A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?

This is a violation of the Diplomatic Immunity Act of 1875. According to said Act, diplomats are exempt from all laws except that relating to murder, assault, and harm towards other humans and animals.
Name: Principality of the New Saltee Isles
Form of Government: Parliamentary Monarch
Head of State: Prince Colin Trudeau
Head of Government: Prince Colin Trudeau
Population: 8.5 million
Area: 34,657 sq. mi.
Founding Day: December 12th
Capital City: Centennial Springs
National Anthem: Saltee Freedom
National Personification: The Lady of the Isles, she smiles as she knows the hidden beauty of the Isles and the secrets of the Saltees.


Total Manpower: 425,000
Active: 170,000
Reserves: 255,000
Army: 100,000
Navy and Royal Marines: 250,000
Air Force: 75,000

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Fisenesia
Diplomat
 
Posts: 552
Founded: Jul 27, 2008
Ex-Nation

Postby Fisenesia » Sun Apr 11, 2010 5:36 pm

A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?
Yes, students are allowed to protest and, since all schools are Government-run, dress codes are extremely rare

A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?
No, if the religion of the grounds does not allow prayers, then the man must move elsewhere to pray

An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?
Yes, the beater will be punished with fines and house arrest or even possibly exile.

A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?
Yes, since colleges are Government-run, the student would be allowed to blog about anything

A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside. Is this a violation of rights in your nation?
No, the search was quite reasonable. If they arrested him without searching, then that is unreasonable.

A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?
Yes, unless the "joke" was a potentially harmful lie

A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?
Yes, schools are Government-run so all students have plenty free expression, but the teacher decides if expulsion is necessary

User avatar
Swilatia
Negotiator
 
Posts: 5943
Founded: Jul 02, 2005
Ex-Nation

Postby Swilatia » Sun Apr 11, 2010 5:57 pm

Code: Select all
A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?

Probably, the school may have to revise/abolish its dress code.

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A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?

If he actually did do it on the grounds of the place of worship this would be debatable, but sidewalks are a public space.

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An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?

Absolutely.

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A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?

We'll assume the site was on the school server, as that would be the only case in which school staff would by in any position to have the site taken down. In any other case, it is very much a violation of rights.

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A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside.  Is this a violation of rights in your nation?

Yes, they'd need a warrant to do this kind of stuff.

Code: Select all
A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?

Probably, there's no marshals on domestic flights in Swilatia anyway.

Code: Select all
A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?

No, the desk is school property. Expelling the student is a bit too much, but the school had the right to do something about it.
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Conserative Morality
Post Kaiser
 
Posts: 76675
Founded: Aug 24, 2007
Left-Leaning College State

Postby Conserative Morality » Sun Apr 11, 2010 6:22 pm

Haiz wrote:
Code: Select all
A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?

Yes. So long as the clothing does not immediately danger those around them, it is allowed.


Code: Select all
A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?

Only if it was not private property.


Code: Select all
An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?

Yes. Only the State has the right to beat the shit out of people.


Code: Select all
A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?

Yes. Unless he was using their servers.


Code: Select all
A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside.  Is this a violation of rights in your nation?

No, so long as they obtained a warrant after they saw the questionable tools.


Code: Select all
A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?

No. Foreigners have fewer rights than Moralites. If a Citizen had said as much, then yes.


Code: Select all
A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?

No. The child was defacing school property.
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Maraque
Postmaster-General
 
Posts: 10604
Founded: Nov 22, 2004
New York Times Democracy

Postby Maraque » Sun Apr 11, 2010 6:34 pm

Code: Select all
A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?
That would indeed be a violation of his rights.

Code: Select all
A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?
Sidewalks are public. The security guard had no right to remove the man from a public sidewalk even if it was in the immediate vicinity of another religion's place of worship.

Code: Select all
An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?
Assault is illegal. Desecrating the Maraquean flag is not. A violation it is.

Code: Select all
A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?
Yes it is. Colleges have no business shutting down blogs.

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A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside.  Is this a violation of rights in your nation?
Yes. You can't search a house without reasonable cause (and a warrant) just because you think you see questionable material inside.

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A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?
There is no such thing as diplomatic immunity in the Kingdom, so if the description of his "jokes" are accurate and indeed did pose a potential threat to the safety and wellbeing of the nation he was arrested on proper grounds. But he was arrested upon landing because there are no security personnel on board.

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A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?
[/quote]Expulsion for writing on a desk is absolutely a violation of his rights.

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The Adrian Empire
Senator
 
Posts: 4088
Founded: Aug 31, 2009
Ex-Nation

Postby The Adrian Empire » Sun Apr 11, 2010 10:10 pm


A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?

Yes and No, since he shouldn't be wearing something obscene like a t-shirt in a respectable place of education, it is the educational facilities right to enforce any dress code they see fit, if the student doesn't like it he may transfer to another school. His parents would be contacted about sending their child to school in his underwear. Now had the message been on a button or patch on his suit it would indeed have been a violation, school children are encouraged to be interested in politics.


A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?

Yes, his worship did not violate anyone else's rights, while the guard could legally remove him from the property he must wait until the worshipper is finished.


An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?

How would assault not be a violation of rights, yes this is a very serious denial of rights


A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?

Yes, it is a major violation of free speech rights, especially as it was a third party source (as a blog). The applicant would most assuredly win the case and a hefty sum of money.


A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside. Is this a violation of rights in your nation?

Tricky question, police would naturally assume any weapons or tools found in a garage were legally owned, as the large majority of citizens own a weapon. Thus police entering the home without permission would be unlawful. However if they did spot something of an illegal nature then no, it does not constitute a violation, regardless the evidence would remain admissible in court, even illegally seized evidence, will only result in the prosecution of the police involved.

A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?

Threats are prosecutable, otherwise yes a violation of freedom of speech, but not diplomatic immunity, no such right exists in the Empire.

A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?

Vandalism isn't legal, even for political messages, if the child wished to make his views known he could have bought a space on a park wall, or expressed himself verbally. No
Last edited by The Adrian Empire on Sun Apr 11, 2010 10:11 pm, edited 1 time in total.
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Zwangzug
Issues Editor
 
Posts: 3849
Founded: Oct 19, 2006
Left-wing Utopia

Postby Zwangzug » Sun Apr 11, 2010 10:19 pm

Haiz wrote:A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?
Presuming it's a public school, which it probably is, the school is in the wrong.
A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?
If the sidewalk really was private property, the owners have the right to expel him if they want.
An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?
It's a crime against the anarchist.

A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?
Yes.
A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside. Is this a violation of rights in your nation?
We don't have police cars so this is probably a non-issue.

A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?
Yes.

A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?
Whatever he said about the country shouldn't have gotten him in trouble. Defacing public school property is wrong, but probably doesn't warrant a full expulsion.

User avatar
Techno-Soviet
Senator
 
Posts: 3785
Founded: Jan 19, 2009
Ex-Nation

Postby Techno-Soviet » Sun Apr 11, 2010 10:24 pm

Code: Select all
A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?


Yes, and the school will be held to the fullest extent of the law. This usually means several lawsuits, including, but not limited to: violation of civil rights, obstruction of civil rights, obstruction of political rights and libel. However this only applies if it were a public school. If it were private, then no, they can do whatever the hell they want.

Code: Select all
A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?


Provided that the security guard was an employee of the private institution, they are well within their rights to be able to escort anyone off their premises, for any reason. So, no, this was not an obstruction or violation of civil rights. Had this happened on public property, however, the man could sue for libel, violation of civil rights and other associated charges and possibly winning restitution from the private company.

Code: Select all
An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?


Burning the nation's flag, while not a crime in itself, does carry this consequence. While technically this is battery, assault and various other charges, it is likely that the anarchists' previous action of burning the flag, and being an anarchist, will have his claims thrown out of the courtroom by any decent defence lawyer.

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A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?


If the college is a private institution, it can do whatever it so wishes to the extent of freedom of speech for its employees or students. This includes blocking websites, throttling 'Net traffic and shutting down libelous websites.

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A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside.  Is this a violation of rights in your nation?


Yes. As there are no gun laws in the Soviet Technocracy, the police officers were both acting against the man by coming onto his property and arresting him without justification, without a warrant and of course, using "dangerous-looking firearms" as an excuse. It is very likely that the man will be paid restitution by the police department, whether private or public, and the officers being reprimanded or possibly suspended for stupidity.

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A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?


Yes, as we have no "Air Marshals" and making a citizen's arrest when there is no undue charge against the person would be the only viable way to have this happen. The only people who would have been able to restrict the diplomat from flying or otherwise boarding the aircraft or continuing the flight would have been the company itself. It is likely that the diplomat will be able to file libel charges and civil rights violations against the arresters and win.

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A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?


Yes, if it were a public school. If it were a private school, no, the private school can expel anyone for anything it deems necessary, as that property is their own and not of the government's.
Last edited by Techno-Soviet on Sun Apr 11, 2010 10:29 pm, edited 2 times in total.
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User avatar
Imeriata
Postmaster-General
 
Posts: 11250
Founded: Oct 02, 2009
Capitalist Paradise

Postby Imeriata » Sun Apr 11, 2010 11:56 pm

Code: Select all
A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?

no this could even be considered anti royalistic behaviour.

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A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?

all religions are equal just as all races in the absolute royal federation but this does not mean that intentional disrespect will be tollerated so this could go two ways either "the man were indeed not in another place of worship" in this cause were his rights clearly violated or "the man worshipped in a place dedicated to another god or gods" in which cause the guard were fully in his right to escort the man out of the area.

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An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?

theoretically yes, but as the man hit the rebel with the honour of his king, realm and federation in mind would the peacekeepers overlook the affair or if they didn't would he be relesed either on order of his royal highness or the highest ranking noble in that particular realm.

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A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?

depends on what he said on the blog, with the information available can't I say exactly what would happen.

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A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside.  Is this a violation of rights in your nation?

no it is not, the peacekeepers have the right to search homes to prevent crime or to bring criminals to justice.

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A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?

yes, the federation gave its word to uphold this mans diplomatic immunity and as a result would his crime be nullified.

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A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?
[/quote]
depends what was written, but if it were something bad would he however be sent to special royalistic informational education so he could learn how wrong he is.
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User avatar
Sarleneska
Spokesperson
 
Posts: 121
Founded: Jul 23, 2008
Ex-Nation

Postby Sarleneska » Mon Apr 12, 2010 4:15 am

Code: Select all
A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?

No. Such a protest would be illegal anywhere in Sarleneska, not just at school.

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A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?

No, religion is illegal in Sarleneska. The "place of worship" was probably just a tourist facade anyway.

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An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?

No, it's the state's job to beat the shit out of anarchists.

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A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?

Probably not, there's no internet in Sarleneska anyway.

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A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside.  Is this a violation of rights in your nation?

No, the police have the right to search people's houses

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A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?

What's "freedom of speech"?

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A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?

Absolutely not.

User avatar
Macisikan
Diplomat
 
Posts: 998
Founded: Apr 17, 2004
Democratic Socialists

Postby Macisikan » Mon Apr 12, 2010 6:27 am

(obviously, this is all OOC)
Code: Select all
A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?

No. Although Freedom of Speech is guaranteed by the Charter of Rights, a list of precedents going back to Uvari v. RI (1793) notes this right is not unlimited, ones going back to Duetoni v. RI (1823) schools are not venues for political protest, and ones going back to C v. RI (1802) it was ruled that students have to abide by the uniform code. The student is welcome to try to appeal to the courts, but good luck with that.

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A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?

No; however, the guard used incorrect reasoning. The worshipper was on a footpath, which, as part of the King’s Highway, is crown or public land, so the guard can’t use that as a valid excuse. The right to freedom of religion is restricted in that religious doctrine or observance must not “advocate or allow, incite, encourage, or coerce, or directly cause harm to the practitioner(s) or third parties” – and stopping to worship in the King’s Highway makes you an obstruction and/or danger to traffic. The guard didn’t violate the worshipper’s rights because the worshipper was on land belonging to another faith; his action was justified because the man was endangering himself and others by stopping to pray in the bloody walkway.

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An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?

No. It is however assault, causing affray, and causing a breach of the peace; the other person is charged by the Crown.

Code: Select all
   
A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?

Maybe yes, maybe no. It depends on several factors, such as whether the blog was hosted on a server or computer located in the college, and if there was any defamatory material (if the college was acting under a court order as the result of a civil suit, no, it wasn’t a violation).

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A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside.  Is this a violation of rights in your nation?

Yes. “Questionable” is not the same as “illegal” or “probably illegal” and does not constitute probable cause. In addition, the police are not on duty at the time, and cannot execute any search powers. Any evidence gained in the search was gained illegally and is inadmissible.
The property can still be searched with a warrant though.

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A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?

No; the joke would be fine if (and only if) the joke did not, from the point of view of a reasonable person, constitute a real and actual threat to the safety of the aircraft, its passengers and crew, or an incitement to terrorist acts.
It probably is a violation of the privilege of diplomatic immunity, depending on the rank of the delegate in question.

Code: Select all
A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?

Yes, if the reason given for expulsion is what was written on the desk; the contents of the message. If it was just because he was writing on the desk, then no, it’s not; it’s allowable disciplinary action (whether or not that was too severe depends on the child’s behavioural record).
Last edited by Macisikan on Mon Apr 12, 2010 6:29 am, edited 2 times in total.
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User avatar
Iotor
Envoy
 
Posts: 259
Founded: Nov 21, 2009
Ex-Nation

Postby Iotor » Mon Apr 12, 2010 6:35 am

Code: Select all
A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?


Yes, but Iotor schools have uniforms, so a lighter punishment would be in order.

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A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?


Yes, if the place of worship had specific guidelines against others praying on their ground. Otherwise, no.

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An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?


Yes, that's called assault, and its a violation of the law.

Code: Select all
A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?


Yes, unless the college had him sign something that prohibiting him from blogging about the "inner secrets" of campus life.

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A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside.  Is this a violation of rights in your nation?


No, in Iotor, if the police have valid reason to believe you are a suspect, they can search your house and bring you in for questioning.

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A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?


No, if they believed he was a threat to the flight, then they had every right to detain him.

Code: Select all
A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?


Yes, regardless of what he wrote, its too heavy a punishment for too light a crime. The expulsion would be revoked.
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In only the regular of our own, are the best

User avatar
Skibereen
Minister
 
Posts: 2724
Founded: Antiquity
Ex-Nation

Postby Skibereen » Mon Apr 12, 2010 7:35 am

Code: Select all
A student at a school in your nation has accused said school of infringing his right to Freedom of Speech. The Student says that they were suspended for wearing a t-shirt protesting a foreign policy recently instated in your nation. The school claims it violated their dress policy. Is this a violation of rights in your nation?

This depends on what year student, a student in years 1-12 who is under the age of Majority has no expectation of Freedom of Speech.
Above that age, the institution must be proven to have failed to provide sufficient notice of their internal policies.
Freedom of Speech applies to the Public Arena, not inside established institutions with standards set for maintaining order. A tee-shirt is not considered a form of protest or speech in Skibereen by anyone with an IQ above 40. If your politics are summed in a catch phrase you dont deserve the right to express them.

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A man has claimed his rights of Religious Freedom were infringed. Testimonies of witnesses have concluded that said man was walking on a sidewalk, when he kneeled down and began to pray. He was soon escorted off the sidewalk by a private security guard. The man says that the prayer's time was a part of his religious faith, while the guard says that the man was on the grounds of a place of worship towards another religion. Is this a violation of rights in your nation?

It wouldnt happen culturally, Clannish laws would prohibit such an insult. If it did happen, under Clannish(not Constitutional) laws the offended would be free to choose the fate of the Security guard.

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An infamous anarchist in your nation has claimed a person violated his right to "not be beat the sh*t out of when i walk down the street,man!". Testimonies of the witnesses have concluded that the anarchist was walking down the street, showing no possibly offensive remarks, when a person seemed to recognize the man's previous action of burning the national flag, and literally walked over and beat the sh*t out of said anarchist. Is this a violation of rights in your nation?

It is perfectly legal to exactly what was done, no action would be taken.

Code: Select all
A college student has claimed his rights to Free Press were violated when his blog was shut down by the College staff. The college claims it was "just and necessary", while the college student says he only blogged things about the "inner secrets" of campus life. Is this a violation of rights in your nation?

College Servers? No violation. Anything else is debatable.

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A person said his right to Reasonable Search and Seizure were violated when he was arrested for murder. The police arrested him after they were on coffee and donuts break, cruising down a residential street, when they noticed a garage door slightly open, with some questionable weapons/tools inside.  Is this a violation of rights in your nation?

Like most modern nations the police physically witnessed suspicious behavior and or items, this creates probable cause, since there exist the potential for the items to be disposed of before the officers can return with a warrant this creates exigent circumstances and so search without a warrant is legal.

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A foreign delegate has said his rights of diplomatic immunity under the law was violated when he made a joke during a commercial domestic flight. He was arrested, for what Marshals onboard called "taking freedom of speech to the extreme of threatening national security". Is this a violation of rights in your nation?

No, it is not a violation of Diplomatic Immunity to take a Diplomat into temporary custody. To ensure his safety and that of the immediate public.


Code: Select all
A 10 year old's parents claim their child's general Freedom of Expression and several other rights were violated when he was expelled from a school for writing something about your nation on his desk. Is this a violation of rights in your nation?

No there is no such right, and as a child he has no expectation of such a thing anyway.
argumentum ad logicam, seriously think about it.

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User avatar
Neo Prutenia
Minister
 
Posts: 2050
Founded: Oct 21, 2009
Inoffensive Centrist Democracy

Postby Neo Prutenia » Mon Apr 12, 2010 9:18 am

1. My clothing, my decision

This would need to go to a court if pushed, as technically both parties are right. All schools in Neo Prutenia have a formal dress code - not necessarily uniforms, but a uniform dress code or at least a list of approved clothing articles. Each student is a member of that school and represents his school - if the school in question has decided to remain apolitical on that foreign issue, all members of that school have to respect that decision and behave accordingly.

By violating his schools stance on that matter, he dragged them into that issue. In private he could wear whatever his preferences are, but in a formal enviroment, he must abide by the Argumentum ad populum, when manners and etiquette are considered. Of course, if this was a form of protest, he could warn his school about it and stage a demonstration against the policy - but this has to be an official protest, so that other people and organization know that it is the opinion of one or more students, not the school.

The school would only be right if the student in question had indeed staged this protest and commited such a faux pas without first announcing and declaring his intentions. Then they could have suspended him. But if the student in question respected the social customs and legal issues of his decisions, made all necessary arrangenments and warned the authorities, then the school had no legal rights to suspend him or punish him in any other way - neither the school nor anybody else.

2. Praise the Rooster

Religion is a serious issue in big concern in Neo Prutenia. Although technically a secular country, we have a national church and a list of approved "religions". Although you are free to worship, or not to, anything you wish and express your beliefs, only a selected few religious institutions are free to operate houses of worship and perform baptisms/conversions. This is a measure by the state to ensure stability in the country and avoid religious strife and conflicts - we are a 90% Prut Protestant and 10% Orthodox nation; both these churches are members of the Church of Neo Prutenia.

The Church of Neo Prutenia is granted extraterritoriality - neither the state nor the government can't infringe upon it's territory. So anybody who stops there to pray, yet is not a member of the Church, is subjected to their laws and customs. Although, we doubt that they would be escorted away like that, the Church would have legal rights to do so. Roman Catholics,loyal to the Pope and Moslems, living according to the Sharia, would be the only groups expelled in such a way. Of course, even such fringe religions have rights and are protected, there are Special districts in some cities, where they can erect their houses of worship and pray, as well as perform conversions/baptisms.

In any case - if the person in question wasn't on the ground of the Church of Neo Prutenia, then no one could have stopped him on praying in that spot.

3. Assault

Yes, this is a offense punishable by a fine, or even harder if permanent bodily harm was done. Although, such a scenario in the streets of Neo Prutenia would be rare indeed. Vigilanttes are only concerned with eliminating those who they deem has escaped justice or proper punishment, or someone who is irredeemable, they don't assault people on the street for not respecting or sharing their political opinions. If no policeman was there at the moment, and considering our police funding and budget spending in the Law and Order sector, most if not all citizens in the vicinity would have helped the anarchist and saved him from the wrath of the misguided sob who attacked him.

The attacker would have to justify himself before a court and pay reparations to the assaulted person. The assaulted person would be guarded by a police squad the next couple of weeks and, for his own security, would be under surveillance when in public to avoid another such scenario. We protect every member of Prut society.

4. Wanna be insider

Again, this would need to go before a court. A investigation would be started to reveil what the blog was about and if the things claimed in it were true and didn't violate any privacy laws. All educational and school facilities in Neo Prutenia are public, and anything you do in public can be reported, filmed, shown, quoted without your consent as long as proff exists that it's true and that it's not out of context. You can record what someone said in front of a public toilette, but not what happened inside the tiolette, as privacy laws apply inside it.

If the student in question respected the inherent rights of others, mainly their privacy, has evidence and proof to support anything he published and did it in a fair manner and not out of context, then nobody could have taken down that blog and the person responsible for that would have to justify himself before a court, pay a hefty fine and would risk his position and job at the college.

If on the other hand, the student violated rights of others or published lies, half-truths or informations without checking up his facts, or didn't separate and label facts from fiction,he would need to justify his behavior in front of a jury and be susceptible to the same fines and punishments. We don't care if Susane Weber did 12 guys in the Frat House last weekend or not, if you can't prove it, then you will suffer the consequences of your lies and actions, as well as the social stigma and repercussions from your peers.

5. They touched me at the no-no place

No, this isn't a violation. The police has the right to search you thouroughly, but needs a warrant to inspect your private property, or your consent. Of course, if you put suspicious materials in plain sight - e.g. anywhere were it can be seen from a public place, then you have given that permission unwitingly. A officer needs just to call his station and report that he will enter a private premise, a warrant is immidiately given and the resident is informed via phone, email and fax.

Although the officers later have to justify their behavior and decisions, and are susceptible to punishment if they went out of their way to infringe upon your privacy or damaged/stole anything, they still get to check you up. There is one way to defend yourself against such a investigation - you have the right to record and document the entire procedure with a camera or similar device and later use that material in court if the officers overstepped their authorizations. Every police car has such a device just for such cases and you can demand it on the spot - the movie or record remains in your possession, while the police gets a copy from the cameras internal memory, to avoid any tinkering with the record from any side.

This way neither the police is hindered in it's work, no do the citizens have to fear unfair/illegal actions by the police force, polic brutality is avoided and the trust between the police and civil population remain intact.

6. A joke in the heavens

This would be a violation and the marshal(s) in question would have to go before a court to justify their decision and inappropriate behavior. The foreign delagate would be apologized to and released of course, same aplies for any other passenger without diplomatic immunity. Freedom of Speech is one thing, but Responsibility for ones action is another, and a far more important factor before a court - so the Marshal(s) might succed to convince the court to free them and pardon their actions, although we doubt that a foreign citizen could have said anything which actually threatened Neo Prutenia to any degree. - " Sticks and stones may break my bones, but words will never hurt me." -

7. He's just a child

Children of such a young age aren't susceptible to such severe punishment. Normally, the parents or other legal safekeepers of the child would have been called and confonted with a problem, if a problem exists. Further, whatever he wrote, he would need to wash it away. School desks are school property, not private property and the child must respect that or face the consequences. Regarding the expelling, the school official responsible for such a violation would have effectively ended his career then and there with such an action.

The child is entitled to his opinion and he can express it - in his own notebook or other private property, but not on school property, or any other public property/domain. A child, a minor, who isn't handicapped in some way, cannot legally be expelled from school - and even special cases like invalids, or mentally handicapped persons have special schools and institutions reserved for them. So not only would the person responsible for his expulsion be punished, he would lose his job and face severe consquences for such lack in common sense, wisdom, laws and proper procedures. The child would be returned to school as soon as possible.
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Always assume I'm the exact same tech level/reality as you are, with access to the exact same technology/abilities; I just happen to prefer very strict MT. IC name: Prut Meritocracy

User avatar
The ivain isles
Ambassador
 
Posts: 1138
Founded: Jun 10, 2008
Ex-Nation

Postby The ivain isles » Mon Apr 12, 2010 9:21 am

There are no such thing as rights, only privileges
I probably hate everything you stand for. (and on)

My political viewpoint: Social democratic liberal

Why I want to destroy the very fabric of society

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